Fibre in new developments
The Australian Government wants fibre-to-the-premises (FTTP) infrastructure installed in new developments. This will give property buyers early access to the benefits of next-generation broadband and help avoid future retrofitting costs.
In many parts of Australia developers have already recognised the value that home owners place on fibre. Developments including University Hill in Victoria, Forde and Crace in the Australian Capital Territory, Lochiel Park in South Australia and Bingara Gorge outside Sydney are just a few already installing FTTP infrastructure. The government's policy and recently introduced legislation build on these existing practices.
Roles and responsibilities in new developments
The following briefly describes the roles and responsibilities of the key players in new developments and is based on the government's policy announcements. A policy statement update was released on 22 June 2011.
Fibre in new developments policy update 22 June 2011 (PDF, 436 KB)
Fibre in new developments policy update 22 June 2011 (RTF, 1 MB)
These arrangements are not intended to affect any pre-existing contracts between providers and developers.
NBN Co
NBN Co Limited is responsible as provider of last resort for the installation of fibre in:
- developments of 100 or more premises approved after 1 January 2011
- developments that have fibre that is ready for service and capable of connection
- new developments within areas where NBN Co has announced it will roll out fibre within the coming 12 months.
NBN Co may also provide fibre infrastructure in smaller developments where it is practicable for it to do so. NBN Co may use whatever operational arrangements it chooses to service new developments.
See also the NBN Co page:
www.nbnco.com.au/NewDevelopments
On 7 September 2011, NBN Co launched its first rollout of fibre in a new broadacre development. Residents of the Bunya Estate in Sydney's west will be amongst the first people to enjoy the benefits of the NBN. For further details please see:
Media release: NBN Co fibre in first new housing development
Telstra
Telstra has responsibility as provider of last resort for delivering infrastructure and services in developments of less than 100 premises approved after 1 January 2011, pending the rollout of fibre by NBN Co. Telstra is also responsible for developments approved prior to 1 January 2011, still awaiting infrastructure. Telstra has indicated that it will primarily use copper infrastructure in these developments, but may also use high-quality wireless on a limited basis.
To ensure that retail services are offered in new estates, Telstra (as retail provider of last resort) is required to provide standard telephone services to end users in new developments in which retail services are not offered by another service provider.
Other providers
These arrangements do not prevent a developer from choosing another provider to service its estate. It is a commercial decision for any other provider to service a development, but none is required to do so. Only NBN Co and Telstra, as providers of last resort, must comply with requests in their respective areas of responsibility.
Developers
Developers are responsible for meeting the cost of pit and pipe infrastructure.
Before NBN Co will deploy fibre, developers will need to transfer ownership of the pit and pipe to NBN Co pursuant to an agreement with NBN Co to provide fibre in the new estate.
In developments of less than 100 premises, where developers have an agreement with Telstra to provide telecommunications infrastructure, developers will need to transfer ownership of pit and pipe to Telstra as a commercial condition of Telstra serving the development.
The provision of passive infrastructure by developers recognises the considerable investment NBN Co and Telstra will make in providing cabling and associated equipment as providers of last resort.
It will be up to other providers what arrangements they require in this area.
Third party pit and pipe
Third-party providers can install pit and pipe for use by NBN Co and Telstra, but must meet NBN Co specifications until an industry code or Australian Communications and Media Authority standard is in place. Other providers will have their own arrangements.
Communications Alliance Fibre Ready Pit and Pipe Specifications
On 12 December 2011 the Communications Alliance released its Fibre Ready Pit and Pipe Specification for Real Estate Development Projects (G645:2011).
These are voluntary industry guidelines which set out recommended industry practices for:
- telecommunications pit and pipe installation for it to be considered a ‘fibre-ready facility’
- the design and installation of pit and pipe facilities for use in deployment of ‘optical fibre lines’.
The document is available on the Communications Alliance website:
http://commsalliance.com.au/Documents/all/guidelines/g645
Individual carriers, including NBN Co, may have other requirements additional to the minimum industry specifications set out in the guidelines. It is important to have regard to these when using these carriers.
Legislation
On 27 September 2011 the Telecommunications Legislation Amendment (Fibre Deployment) Act 2011 amended the Telecommunications Act 1997 by inserting a new Part 20A to:
- enable the Minister to specify new developments in which fixed lines which are installed need to be optical fibre
- require passive infrastructure such as pit and pipe that is installed to be fibre-ready
- impose penalties on constitutional corporations such as developers that sell or lease specified new developments without fibre-ready passive infrastructure
- enable carriers to seek access to passive infrastructure that is owned by a non-carrier
- enable the Australian Communications and Media Authority to make standards for customer equipment and cabling for use with the NBN and other superfast networks.
The legislation supports the rollout of fibre generally and the government's decision that NBN Co should be the fibre provider of last resort in new developments.
The amending Act is available from ComLaw:
Telecommunications Legislation Amendment (Fibre Deployment) Act 2011
Documents relating to the legislation when it was in the Parliament are available at:
Telecommunications Legislation Amendment (Fibre Deployment) Bill 2011
Instrument
On 24 December 2011, the Telecommunications (Fibre-Ready Facilities in Real Estate Development Projects and Other Matters) Instrument 2011 took effect.
The instrument specifies above ground fixed-line facilities as fibre-ready facilities for the purposes of Part 20A of the Telecommunications Act 1997. Such facilities must be for use in connection with an optical fibre line. The installation of any such facilities is subject to relevant Commonwealth, state, territory and local government laws
The instrument also provides conditional exemptions from the scope of subsections 372E(2) and 372F(2) of the Telecommunications Act 1997 to allow the installation in the project area of non-fibre-ready facilities for use with copper and/or hybrid fibre-coaxial lines, where fibre-ready facilities are installed, or there is a reasonable belief these will be installed within 12 months. A conditional exemption allows the installation of minor supplementary facilities in specified circumstances.
The instrument also provides flow-through exemptions from the limitation on constitutional corporations (such as developers) selling or leasing land unless fibre-ready facilities have been installed in proximity (sections 372G and 372H of the Telecommunications Act 1997). There is a similar exemption for constitutional corporations where pre-existing facilities are effectively re-used without material modification and no fixed-line facilities installed.
Pre-selection
The government has proposed amending pre-selection arrangements to support the efficient provision of services in some new developments, on the National Broadband Network (NBN), and on fibre-optic networks generally. More information on this initiative is on the pre-selection page.
People building in new estates or building fibre-ready houses
Guidance is available for people building new premises so they can make them fibre-ready. A range of resources, including guidelines for pit and pipe, is provided on the NBN Co website:
You can also consult the following resources:
Communications Alliance's Premises Handbook (June 2010) (PDF, 1.11 MB)
Telstra Velocity Home Wiring Guide (1.23 MB)
Preparing a Home for TransACT Fibre-to-the-Home (FTTH) Services Guidelines for Builders, Telecommunications Cablers and Home Owner (PDF, 569 KB)
www.smartwiredhouse.com.au
People involved in the construction of larger buildings are encouraged to consult the Digital Building Telecommunications Access guideline published by the Australian Building Codes Board. Select the ‘handbooks’ tab to locate the guideline document in the board’s online shop:
These links are provided for the information of interested parties. The department does not endorse particular documents, carriers, carriage service providers or installers for the installation of fibre services. People involved in construction are encouraged to seek appropriate independent expert advice.
Past consultation and other papers
The fibre in new developments policy has developed over time. The following links provide access to past documents for reference purposes. These documents are not necessarily current.
Documents relating to the May 2009 consultation process on fibre in new developments:
Fibre-to-the-premises in greenfield estates consultation paper (PDF, 482 KB)
Fibre-to-the premises in greenfield estates consultation paper (RTF, 2.5 MB)
Fibre-to-the-premises in greenfield estates submissions
Documents relating to legislation introduced in 2010:
Documents relating to the release of policy statements on fibre in new developments on 20 June 2010 and 9 December 2010:
NBN policy statements 20 June 2010
Joint media release: Agreement between NBN Co and Telstra on the rollout of the National Broadband Network 20 June 2010
Media Release: Provision of fibre in new developments 9 December 2010
Policy Statement - Fibre in New Developments 9 December 2010 (PDF, 56 KB)
Policy Statement - Fibre in New Developments 9 December 2010 (RTF, 353 KB)
Contacts
Please contact us by email at:
Or by post at:
Fibre in New Developments
Department of Broadband, Communications and the Digital Economy
GPO Box 2154
Canberra ACT 2601


