ACCC proposed changes to Australian regime for access to telco facilities

Background to the Facilities Access Code

Part 5 of Schedule 1 of the Telecommunications Act 1997 (Cth) (Telco Act) contains a statutory regime for access to the following types of telecommunications facilities, collectively referred to as eligible facilities:

1. transmission towers, including not only towers but poles, masts and similar structures used to supply a carriage service via radiocommunications
2. transmission tower sites (being both land and structures on such land)
3. eligible underground facilities (largely ducts, capable of holding telecommunications cables).

The Australian Competition and Consumer Commission (ACCC) has, as permitted in accordance with Part 5 of Schedule 1 of the Telco Act, implemented a Facilities Access Code, which first took effect in 1999. The Facilities Access Code sets out both operational and administrative procedures that apply to this access regime. The aim of the Code is to support colocation of facilities, promoting