[AusNOG] Practical definition of "low impact"

[Paul Wallace]

Dave -

I assume the land you are considering is just private land &  therefore not special circumstances as might be (rarely) protected under the Act (such as public utilities land).

The first thing you should do Dave is to serve a formal inspection notice, relying on the related provisions under Schedule 3 of the Act.

It's still called a "LAAN" however provision is made (and in nearly all cases you'll wanna do this anyway) to attend for the purposes of an inspection only.

It's basically impossible for them to deny you access at this stage.

That will put the Landowner on notice that you're aware of your powers but still leaves the door open to negotiate a mutually satisfactory outcome.

Works well- I've done it plenty of times - will do it again in the future - nothings perfect though so if it doesn't perfectly work out in your desired way then you can always serve the full formal LAAN after that. You can withdraw the LAAN even after that if the Landowner THEN decides he'd like to sit down with you instead of quarrelling.

Cheers
-P








-----Original Message-----
From: AusNOG [mailto:ausnog-bounces at lists.ausnog.net] On Behalf Of David Hughes
Sent: Tuesday, 12 April 2016 10:14 AM
To: Stephen Carter
Cc: ausnog at lists.ausnog.net (AusNOG at lists.ausnog.net)
Subject: Re: [AusNOG] Practical definition of "low impact"


Hi

True.  At this stage I'm trying to get a good understanding of the "Powers" that are provider for by the act.  Based on my original post, I'm trying to determine which of the 4 situations is covered by the act as a low-impact facility and which would require an agreement with the building owner.  Clearly option 1 is covered, but that looks like it's about it.  Clarification from anyone who utilises those provisions of the act would be greatly appreciated.


Thanks

David
...

On 12/04/2016, at 10:01 AM, Stephen Carter <Stephen.Carter at workingtech.com> wrote:

> Guess, it depends if you want to enforce carrier "Powers" or enter commercial terms. Commercial agreements have preference and we used to prefer amical commercial terms than enforce rights.
> 
> I guess it all depends on what exact problem you are looking to solve?
> 
> 
> Stephen Carter
> Working Technology
> 
> -----Original Message-----
> From: David Hughes [mailto:david at hughes.com.au]
> Sent: Tuesday, 12 April 2016 9:52 AM
> To: Stephen Carter <Stephen.Carter at workingtech.com>
> Cc: ausnog at lists.ausnog.net (AusNOG at lists.ausnog.net) 
> <ausnog at lists.ausnog.net>
> Subject: Re: [AusNOG] Practical definition of "low impact"
> 
> 
> Hi
> 
> I've read through that previously and unless I'm misreading it there's basically no mention of co-location of any gear other than that required to terminate the incoming circuit.     "Parts 1, 5, 6 or item 3 from Part 4" relates to radio kit and termination of fibre (and unrelated stuff like pay phones).   From my interpretation (which clearly is lacking) there's no mention of any other gear that may be required to provision the end customer service.
> 
> I'm clearly missing something here.
> 
> 
> Thanks
> 
> David
> ...
> 
> 
> On 12/04/2016, at 9:43 AM, Stephen Carter <Stephen.Carter at workingtech.com> wrote:
> 
>> Hi David,
>> 
>> This is pretty specific
>> 
>> https://www.legislation.gov.au/Details/F2012C00177
>> 
>> 
>> 
>> 
>> 
>> Stephen Carter
>> Working Technology
>> 
>> -----Original Message-----
>> From: AusNOG [mailto:ausnog-bounces at lists.ausnog.net] On Behalf Of 
>> James McMillan
>> Sent: Tuesday, 12 April 2016 9:33 AM
>> To: Joseph Goldman <joe at apcs.com.au>; ausnog at lists.ausnog.net
>> Subject: Re: [AusNOG] Practical definition of "low impact"
>> 
>> Depends on if it's a government agency serving the notice.
>> 
>> James
>> 
>> 
>> -----Original Message-----
>> From: AusNOG [mailto:ausnog-bounces at lists.ausnog.net] On Behalf Of 
>> Joseph Goldman
>> Sent: Tuesday, 12 April 2016 9:27 AM
>> To: ausnog at lists.ausnog.net
>> Subject: Re: [AusNOG] Practical definition of "low impact"
>> 
>> "Multi-rack server room with redundant power, cooling and fire suppression, roof mounted genset and limited keycard+biometric access with security patrolling 24h"
>> 
>> Surely we could get away with that! :D
>> 
>> On 12/04/16 09:20, David Hughes wrote:
>>> Morning all,
>>> 
>>> The telco act is a bit fuzzy on the definition of a low-impact 
>>> facility so I'd appreciate a definition from real-world experience.
>>> Is a low-impact installation limited to something like :-
>>> 
>>> 1. A small antennae on roof space of a highrise building.
>>> 2. An antennae plus associated riser cabling 3. An antennae plus 
>>> associated riser cabling plus kit in basement 4. An antennae plus 
>>> associated riser cabling plus kit in basement and kit on each floor
>>> 
>>> At what stage above does the definition of "low impact" max out and the building owner has the right to say no?
>>> 
>>> 
>>> 
>>> Thanks
>>> 
>>> David
>>> ...
>>> 
>>> _______________________________________________
>>> AusNOG mailing list
>>> AusNOG at lists.ausnog.net
>>> http://lists.ausnog.net/mailman/listinfo/ausnog
>> 
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