Improving the telecommunications powers and immunities framework – Tranche One amendments

Agency

Department of Infrastructure, Transport, Regional Development and Communication 

Announcement date

01 March 2021

Link to announcement

https://www.infrastructure.gov.au/have-your-say/amendments-telecommunications-carrier-powers-and-immunities-framework-tranche-one

Problem being addressed

As the telecommunications industry commences the deployment of its 5G networks, reform is required to the powers and immunities framework to ensure the framework balances the interests of landowners with those of carriers, and enables carriers to deploy facilities to meet the increasing need for Australians to access modern telecommunications services.

The increasing demand for, and reliance upon, telecommunications services means larger infrastructure can help maximise coverage of existing mobile telecommunications networks and provide space for additional equipment to support the rollout of new technologies, such as 5G.

Some inconsistencies in planning arrangements between state and territory governments means the most efficient and effective way for carriers to roll out network infrastructure, including 5G, is through reforms to carrier powers and immunities to ensure a nationally consistent framework to support deployment is maintained.

Proposal

This RIS explores a first tranche of options to reform the powers and immunities framework.

Assessed RIS outcome

Adequate

Assessment Comments

The Office of Best Practice Regulation’s assessment is that the quality of the regulatory impact analysis in the RIS is adequate and therefore sufficient to inform a decision.

To be considered ‘good practice’ as per the Australian Government Guide to Regulatory Impact Analysis, the RIS would have benefited from a clearer framework between the government objectives and how the proposed options address both the objectives and the problem; along with a stronger discussion on how the proposal is to be implemented including evaluation requirements and measures of success.

Regulatory burden

Implementing Option 1 (preferred Option) is the most effective in realising the Government’s policy objective to better balance the interests of landowners with those of carriers and recognises that if Options 2, 3 or 4 were implemented instead, balance will not be able to be achieved.

The preferred Option creates a $27.6 million annual regulatory burden for business which is offset by the substantial annual benefits totalling approximately $149 million.