Adams targets UFB land access, power line use in proposed law change

Sluggish uptake of ultra fast broadband is because suppliers can't meet pent up demand in a timely manner. Photo / NZ Herald

Communications Minister Amy Adams wants to reduce consenting delays affecting an estimated 15 per cent of households in the government-sponsored ultrafast broadband roll-out, proposing law changes that would make it easier for technicians to access properties with shared spaces.

The Ministry of Business, Innovation and Employment is seeking submissions on a discussion document launched today on how to reduce unnecessary costs and delays associated with the UFB roll-out.

The document cites rules governing network operators' access to private property where land is in common ownership as "the most pressing issue" causing about 15 per cent of UFB orders requiring permission from neighbours that may be frustrated or delayed.

Between 3 per cent and 6 per cent of all UFB requests are failing over consenting issues, and MBIE estimates some 60,000 households could be prevented from accessing the network as a result.

"There have been frustrating delays faced by some customers and industry in installing broadband cables up shared driveways and in apartment complexes due to disputes and permission requirements," Adams said in a statement.

"While the industry has a role in streamlining the way they process UFB applications, the government is ensuring the regulations are fit for purpose."

Last month, Chorus reiterated its push for legislative change to the rules governing their right of access, which chief executive Mark Ratcliffe said was taking six times longer than a regular install in a stand-alone house. At issue was the requirement to notify neighbours, who might be absent, to confirm they didn't object, or the ability of third parties to oppose an installation because of an unrelated dispute.

Adams told BusinessDesk the government was very careful about potentially cutting across private property rights, but that it wasn't appropriate for unreasonable disputes over shared spaces to hold up the major UFB infrastructure programme.

The Telecommunications Act, which governs right of access, will need to be amended, and Adams plans to get legislation through Parliament as fast as she can.

The discussion document puts forward two options to deal with the current framework, either deeming consent from third parties, or provides an automatic right to install infrastructure on land, based on Australia's regime.

Any new access rights would probably include a sunset clause until 2025 to allow for the UFB network to be sufficiently established.

Submissions on the document close on July 24, after which Adams will take her recommendation to Cabinet.

The discussion document is also seeking feedback on allowing the use of fibre for telecommunication purposes on existing infrastructure, such as power lines, something existing legislation only allows for the transmission of electricity.

The MBIE document says the proposal would improve the business case for extending fibre networks, something currently under consideration in a separate consultation round, and Adams said being able to use existing infrastructure fits into that plan.

She said she is very conscious of achieving the best value for money within her budgeted allocation in expanding the government's rural broadband initiative and UFB, and is pleased with the adoption of the plans to date.

Today, Adams marked the completion of the UFB build in the South Island town of Timaru, with more than 14,000 households, schools, businesses and medical centres able to connect to the network.

About 46 per cent of the UFB build is complete, with some 85,500 end-users nationwide out of the 618,000 able to connect to the network so far.

UFB rollout ahead of schedule, within budget

The roll-out of Ultra Fast Broadband is "within budget and ahead of schedule" Adams said today.

The government announced this morning it had completed the rollout of Ultra Fast Broadband (UFB) in Timaru, and was on track to complete the Auckland rollout by December 2019.

"Over 14,000 houses, school, business and medical centres in Timaru are able to connect to the high- speed network. Access to cheap, reliable, fast broadband will help create more jobs and improve health and education outcomes," Adams said.

"Fast, reliable internet will help people living in Timaru connect with others, and businesses get products and services to the rest of the world."

As at March 31, the Auckland roll out was 30 per cent complete with 159,849 customers - households, businesses and schools - able to connect to the network, with the national roll out 46 per cent complete. Adams said the Timaru completion was great news for the region.

"Together, the Government and Chorus have invested more than $23 million to deliver UFB to Timaru," Adams said. "This investment means more New Zealanders can connect to the high-speed network."

UFB has been completed in 93 per cent of schools nationwide, with 15 of these schools in Timaru. More than 15 per cent of eligible users in Timaru had already signed up for UFB, making it the fifth highest initial uptake in the country. Auckland's uptake is currently around 16.6 per cent - above the national average of 13.8 per cent.

-with Holly Ryan