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

Similar documents
T-MOBILE DAVID WILKINS MESSINA & HARRIS, INC.

MODEL WIRELESS TELECOMMUNICATIONS ORDINANCE for Siting of "Small Cell" Telecommunication Infrastructure in Public Rights-Of-Way

8 March 12, 2014 Public Hearing

THE PACIFIC HARBOUR BODY CORPORATE Overview of the Pacific Harbour Golf and Country Club Development

Council Policy. Council policy title: Lease and Licence Policy 2018

Telecommunications Development Permit Application Package

PISMO BEACH COUNCIL AGENDA REPORT

Division 16.Telecommunication Tower Standards

CABLE TELEVISION FRANCHISE AND REGULATIONS

7-9. Real Property and Asset Management Committee. Board of Directors. 8/21/2012 Board Meeting. Subject. Executive Summary.

CHAPTER IV. ELECTRIC

CROWN CASTLE INTERNATIONAL CORP

Planning and Zoning Staff Report Vallivue School District - PH

Planning and Zoning Staff Report Maverick Towers Van Wassenhove, PH

AN ORDINANCE TO REGULATE THE INSTALLATION OF COMMUNICATION ANTENNA(S) WITHIN THE PUBLIC-RIGHT-OF-WAY

Part 3 Specific Use Provisions (Sections 79-99) (By-law )

A PUBLIC RIGHT-OF-WAY MANAGEMENT ORDINANCE BY THE CITY OF SOUTHLAKE, TEXAS; REGULATING THE PHYSICAL USE, OCCUPANCY AND MAINTENANCE

Termination (if material defect). Compensation (if material or immaterial defect and buyer gives notice prior to settling).

ALBEMARLE COUNTY PLANNING STAFF REPORT SUMMARY

ARTICLE II: CELLULAR ANTENNA TOWERS

Guideline: Distribution Pole to Pillar

MONTEREY COUNTY PLANNING COMMISSION

THE CITY OF WINNIPEG. BY-LAW No. 127/2016, as amended

Utility Corridors on Public Land PL DEFINITIONS. In this policy,

County of Sonoma Agenda Item Summary Report

THE CITY OF WINNIPEG. BY-LAW No. 127/2016, as amended

BY-LAW NO

RURAL SETTLEMENT ZONE - RULES

Utilizing Tall Municipal Structures to Generate Revenue. Darin Freese Water Program Coordinator

County of Sonoma Agenda Item Summary Report

LAND USE BYLAW NO. 747

Part 3 Specific Use Provisions (Sections 80-95)

MEMORANDUM. This memorandum presents the final issues to be addressed by the Zoning Committee before Ordinance drafting begins. These five items are:

- 1 - RESTRICTIVE COVENANT AS TO USE OF LAND

BY-LAW CA BY-LAW CONCERNING OCCUPANCY OF PUBLIC PROPERTY

Title: ENCROACHMENT POLICY Number: 0132 Reference: Administrative Committee January 21, Adopted by City Council: February 2, 2009

PROPOSED ORDINANCE NO TOWNSHIP OF WHITEMARSH MONTGOMERY COUNTY, PENNSYLVANIA ORDINANCE NO.

Small Cells are a Big Deal

Staff Report for Committee of the Whole Meeting

CHAPTER 7 PROVISIONS GOVERNING USE DISTRICTS

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PROTOCOL FOR ESTABLISHING TELECOMMUNICATION FACILITIES

Location of Provisions in Ch. 160A and Ch. 153A in Proposed Ch. 160D

PROCEDURE (Essex) / Linked SOP (Kent) Estate Management. Number: U Date Published: 22 July 2015

We value... Fairness Integrity Efficiency

CITY OF HIGHLAND VILLAGE, TEXAS ORDINANCE NO

American Tower Corporation: An Overview. November 2012

Securing Land Rights for Broadband Land Acquisition for Utilities in Sweden

Policy: Distribution Subdivision

SANCTUARY LAKES RESORT CODE (BODY CORPORATE RULES OF BODY CORPORATE NO. PS)

MASTER ASSOCIATION POLICIES AND PROCEDURES FOR THE USE AND ENJOYMENT OF THE EAGLE CREST PLANNED COMMUNITY

PROPOSED TEXT CHANGES TO LAND USE BYLAW - JULY 2016

Meera Strata Management Statement. Shams Abu Dhabi, Reem Island, Abu Dhabi

License award process for 3G and 2G

ONE TREE POINT RESTRICTIVE COVENANTS. Developer means WFH Properties Limited or their duly appointed agent.

BULLETIN AUGUST 1996 COUNTY ZONING AUTHORITY FOR TELECOMMUNICATIONS TOWERS

AGENDA REPORT. Meeting Date: November 6, 2018 Item Number: To: From:

a. RIGHTS OF WAY: Utility will own, operate and maintain extension facilities only: ISSUED BY Date Filed: July 2, 1996

CHAPTER 6 RESIDENTIAL DISTRICTS LOW DENSITY RESIDENTIAL DISTRICT (R-1)

Melbourne Survey T F

RECENT DEVELOPMENTS IN COMMUNICATIONS AFFECTING PROPERTY RIGHTS

Owner Corporation SP88062 By-laws

Temporary Sign By-law

VILLAGE BOARD REPORT. FROM: Don Owen, Deputy Village Manager, (847) Julie Gray, Assistant to the Director of Public Works (847)

Supreme Court of Florida

Wednesday, 7 November 12h00 Venue: Houghton Golf Club Osborn Road, Houghton, Johannesburg

Visit the website for plans and further details: M B

STAFF REPORT #

PETER R. GEYER ANDREW R. GEFEN BENJAMIN K. STEINBOCK MATTHEW H. LOCHTE. Current Valuation Issues FASB/IASB PROPOSED ACCOUNTING STANDARDS UPDATE

FOR SALE Retail, Residential and Office Investment Pershore Road South, Cotteridge, Birmingham B30 3EE

REPRESENTATIVE: Centerline Solutions Table Mountain Parkway Golden, CO 80403

PORT PHILLIP PLANNING SCHEME. Condition

Street and Road Closures in Saskatchewan

Sample Questions for Paper 1 Statutory Controls in Building Works

Incorporating Russo Park

Overseas Investment Amendment Bill

Rule No. 15. Distribution Line Extensions Page 1 of 14

AGENDA. a. Carol Crews Special Exception Hair Salon (Continued from February) b. James Barber Special Exception Horse

RESOLUTION PC NOW THEREFORE, the Planning Commission of the City of Duarte resolves as follows:

Rosella Highlands Estate (Stage 4) Building Covenants

Draft Property Support Scheme and Voluntary Local Mitigation Scheme

Confidently delivered

Application Form To Erect a Satellite Antenna Receiver (Dish)

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Annexure A - Special Conditions

Also in attendance was Mark Anderson, Board Attorney, Jeffrey Perlman, Zoning Officer, William White, Board Engineer and Lucille Grozinski, CSR.

A Form Shopping Center Lease

Tenancy Agreement. This tenancy agreement made this day of 20. Between: SCC HOLDINGS ND I, LP (the Lessor ) and. (the Lessee )

Chapter RESIDENTIAL ZONING DISTRICTS

Quick Questions Amenities

PROPERTY SERVICES DIVISION TERMS OF OCCUPANCY UNIVERSITY GROUPS OCCUPYING UNIVERSITY BUILDINGS

Response to Queries. Answer: The anticipated build schedule is months, depending on mobilization capabilities.

Scottish Election 2007 Summary of Party Manifestos. Scottish Labour Party Election Manifesto 2007

55 and 65 Broadway Avenue Rental Housing Demolition Application Final Report

RUSHMANS BROADCAST STRUCTURES REUSE OF THE OBS TOWER (BIG BLUE) POST LONDON 2012

BEFORE THE HEARINGS EXAMINER FOR THURSTON COUNTY

Land Use Rights of Foreigners in China Written jointly by Zhu Wen and Prof Peter Koh

REPUBLIC OF SOUTH AFRICA

TOD - Transition Subdistrict Summary of Allowable Uses

Surveyors and phone masts

Transcription:

Telecommunication Towers The Fundamentals Nicholas Beck Property Coordinator, Bayside City Council Email: Nbeck@bayside.vic.gov.au Phone: 9599 4441

How do Mobile phones actually work? Image sourced from: http://www.howitwork.in/mobile-phone-communication-how-does-it-works/

Key Players 18% Secondary Players 43% 28%

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.

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

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

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

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

Electro Magnetic Energy (EME)

Catchment Area Council Owned Land Royal Melbourne Golf Course

Supply & Demand

Land Access & Activity Notice (LAAN) Telecommunications Act 1997 - 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 1997. * The Act then references the Telecommunications (Low-impact Facilities) Determination 2018

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.

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

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

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.

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)

Case Study 1 Kingston Heath Reserve, Cheltenham - Vodafone entered into a 9 year lease in 2002 with Council entering into overhold in 2011. - 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.

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

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

News -

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 1997. 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.

Valuations - Valuation of Land Act 1960 13DC 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 (https://www.propertyandlandtitles.vic.gov.au/valuation/councilvaluations/specialist-property-guidelines)

Valuations (separate occupations)

The future Vodafone TPG merger worth $15billion in August 2018 - 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)

Questions? Nicholas Beck Property Coordinator, Bayside City Council Email: Nbeck@bayside.vic.gov.au Phone: 9599 4441