As part of the Government's commitment to the roll out of
the National Broadband Network (NBN) it released
the 'Telecommunications infrastructure in new developments'
(the Policy) in December 2014. The Policy updates
the Government's previous 'The Fibre in New Developments
Policy' (FIND Policy) introduced in June 2011,
after concluding that it 'unduly tilted the playing field
against private infrastructure providers'.1
In this Alert, Partner Karen Browne and Law Graduate Kimberley
Truong consider the impact of the Policy on developers in the
provision of telecommunications in new developments.
The Policy
The key feature of the Policy is stated to relate to fair
competition. With multiple stakeholders (including developers,
consumers, contractors and private infrastructure providers) to
consider, the Policy seeks to balance a range of competing
objectives and interests. Some of these include: