Telecommunication Towers The Fundamentals. Nicholas Beck Property Coordinator, Bayside City Council Phone:

Transcription

1 Telecommunication Towers The Fundamentals Nicholas Beck Property Coordinator, Bayside City Council Phone:

2 How do Mobile phones actually work? Image sourced from:

3 Key Players 18% Secondary Players 43% 28%

4 The beginning Early to Mid 90 s Speed to Market Late 90 s 7 carriers (Telstra, Vodafone, Optus, Hutchison, Onetel, AAPT) creating higher demand. Roll out of fully optioned leases at 20 years have been expiring over the past few years. Located on roof tops, light poles, reserves, monopoles, etc.

5 Where are they and how do you find them? Radio Frequency National Site Archive (RFNSA) Rfnsa.com.au

6 Where are they and how do you find them? (continued..)

7 Types of Telco. Installations? 5 Bay Outdoor Unit (5ODU) Equipment Shelter Power Pole Monopole Light pole

8 Key Considerations for any Telco. Installation 1. Electro Magnetic Energy (EME) 2. Catchment Area 3. Supply & Demand 4. Land Access & Activity Notice (LAAN) 6. Co Location

9 Electro Magnetic Energy (EME)

10 Catchment Area Council Owned Land Royal Melbourne Golf Course

11 Supply & Demand

12 Land Access & Activity Notice (LAAN) Telecommunications Act Schedule 3 - A carrier may enter on land and exercise any of the following powers: (a) the power to inspect the land to determine whether the land is suitable for the carrier s purposes; (b) the power to install a facility on the land; (c) the power to maintain a facility that is situated on the land. The power to install a facility may only be exercised if: (a) the carrier holds a facility installation permit; or (b) the facility is a low-impact facility; or (c) the facility is a temporary facility for use by, or on behalf of, a defence organisation for defence purposes; or (d) the installation is carried out before 1 July 2000 for the sole purpose of connecting a building to a network that was in existence on 30 June * The Act then references the Telecommunications (Low-impact Facilities) Determination 2018

13 Land Access & Activity Notice (LAAN) (continued ) Telecommunications (Low-impact Facilities) Determination 2018 Part 1 Radio Facilities Key Terms: Yargi s, Antenna s, Dish s, Satellite, Panels, Omnidirectional antenna, Radio communications dish, Radiocommunications Facility, In-building Coverage Installation. Maximum height protrusion from existing structure of 2 metres Commercial and Residential. Part 3 - Above Ground Housing Key Terms: Pillar, Roadside Cabinet, Pedestal, Equipment Shelter, Optical Node, Splice Enclosure, Access Terminal, Single Drop Cable, Network Termination Device, Amplifiers. Equipment Shelter: - No more than 3 metres high; and - No more than 7.5 square metres.

14 Land Access & Activity Notice (LAAN) (continued ) >7.5m2 >2m

15 Land Access & Activity Notice (LAAN) (continued ) Not a Low Impact Facility

16 Land Access & Activity Notice (LAAN) (continued ) 42 Compensation (1) If a person suffers financial loss or damage because of anything done by a carrier under Division 2, 3 or 4 in relation to: (a) any property owned by the person; or (b) any property in which the person has an interest; there is payable to the person by the carrier such reasonable amount of compensation: (c) as is agreed between them; or (d) failing agreement as is determined by a court of competent jurisdiction.

17 Co-Location Subletting (Axicom, etc.) EJV (Extended Joint Venture) [Optus & Vodafone] Who owns the pole and what are the valuation impacts? (Equipment and Pole or just Equipment)

18 Case Study 1 Kingston Heath Reserve, Cheltenham - Vodafone entered into a 9 year lease in 2002 with Council entering into overhold in In 2013 Vodafone issued a LAAN to relocate the equipment shelter to the land adjoining directly north of the site. - In simple terms Vodafone disconnected the cables from the old equipment shelter and connected them to the new one. - In accordance with the overholding provisions, Vodafone terminated the lease.

19 Case Study 1 (continued) Kingston Heath Reserve, Cheltenham Lightpole New 5- bay ODU Old equipment shelter

20 Case Study 2 Power Company-Power Poles (general) Power company can erect a pole for sole purpose of distributing electricity. Telco. could request power company to swap out pole for a larger pole capable of handling the increased antenna loads. Telco could then issues LAAN to Council in order to access the pole for one reason, being: The bypass of Planning Regulations

21 News -

22 Court Precedence - Telstra Corporation Ltd v State of Queensland [2016] FCA 1213 Telstra has 488 leases on Queensland Crown Land. Qld Government introduced the Land Regulation 2009 Act. Act fixed Telco. Leases at $10k for Rural and $15k for Urban land escalating yearly at 3.5%. The Act then went on to stipulate rentals of 6% of land value for other commercial operators. Telstra stopped paying rent and claimed that the Act was discriminatory and in contravention of the federal Telecommunications Act The Qld Government argued that the rent charged was approx. the market rent and that no discrimination could exist if market rent were charged. The judge disagreed and claimed price gouging by the Government stating that discrimination had occurred as a result of the Act. Qld Government was then ordered to pay $16.2m in overpayments, $1.1m in interest and Telstra s costs.

23 Valuations - Valuation of Land Act DC Valuations Generally (1) & (7A) Valuations based on separate occupancy. Bayside City Council 50 new assessments as a result of the review. The VG s produce a Specialist Property Guideline for the valuation of Telecommunications (

24 Valuations (separate occupations)

25 The future Vodafone TPG merger worth $15billion in August Allows Vodafone the ability to compete on a 5g level utilising TPG infrastructure Uniti Wireless The role out of 5g (change of data from 4G to 5G, means 200mbps to 1gbps)

26 Questions? Nicholas Beck Property Coordinator, Bayside City Council Phone: