AMTA State & Territory 5G Infrastructure Readiness Assessment Summary - First Edition - March 2021
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
AMTA State
& Territory
5G Infrastructure
Readiness
Assessment
Summary
First Edition – March 2021
1
This has been achieved in the context
As deployment of the 5th Generation of mobile technology and It is therefore increasingly important
that state and territory planning policy of rules and regulations that have
required for a substantial number of
our new telecommunications network
supporting infrastructure gathers pace, Australia’s mobile industry makers recognise the essential nature
of telecommunications networks
guided the carriers to deploy in a
sensitive manner. With the right policy
infrastructure, including for 5G when
new structures are established.
represented by AMTA is committed to advocating for regulatory - just like they recognise critical
infrastructure for water, energy, and
settings at federal, state, territory and
local government level, Australia’s
When it comes to securing “the go
ahead” to build towers, poles, antennas
and legislative frameworks that are reasonable, flexible and transport infrastructure. mobile carriers can continue to
deliver this investment in quality
and other network infrastructure,
mobile telecommunications is
proportionate, as a means of supporting ongoing innovation After carefully planning their 5G next generation mobile networks – somewhat unique, insofar as some
network infrastructure, Australia’s including new towers for wide area minor infrastructure does not
and investment in mobile infrastructure. three mobile network operators must coverage, small smart poles and require council planning approval
secure development approval from small cells for localised service and due to federal exemptions, some
councils and tenure on freehold or all of the antennas and technology of it requires council approval due
government land, and to do this they that connects smart phones, sensors, to state planning rules, and some is
navigate through an array of rules and machines, cars and the ‘internet of exempt from council approval due
regulations of Australia’s eight states things’. to state planning rules. In short, all
and territories, and over five-hundred three levels of government have a role
AMTA is the peak industry body What is 5G Why will 5G be important to councils. To ensure readiness for During 2019/20, Australia’s drought, which presents significant regulatory
and voice of Australia’s mobile Australia’s States and Territories? the deployment of 5th generation bushfire and covid-19 pandemic complexity.
telecommunications industry. It ‘5G’ is the 5th generation of mobile of mobile networks, AMTA and its response has highlighted the ever-
counts amongst its members the networks, a significant evolution of The continued deployment of 4G members encourage Australia’s state, increasing reliance on quality mobile AMTA and Australia’s three mobile
three mobile network operators today’s 4G networks. 5G is designed and emergence of 5G network territory and local governments connectivity for a wide range of uses. network operators deploying 5G
currently deploying and operating to meet the very large growth in data infrastructure offers the potential to embrace the opportunities for Most Australians are now acutely networks including Telstra, Optus
mobile networks in Australia: and connectivity of today’s modern for a short-term stimulus impact on ‘best practice’ policy and regulatory aware of the level of broadband and and Vodafone are seeking objective,
Telstra, Optus and Vodafone (part society, the internet of things with the economy as we adapt to a new reform recommended in AMTA’s mobile connectivity and service clear and non-discriminatory planning
of the TPG Telecom Limited Group) billions of connected devices, and normal, post the covid-19 pandemic. 5G State and Territory Readiness available where they live and work. policies, rules and regulations that
together with service providers, tomorrow’s innovations. As a technology that enables other Assessment Full Report. In doing so, During the pandemic the level of strike a balance between provision
equipment vendors, infrastructure 5G will initially operate in conjunction sectors of the economy, 5G mobile the industry is keen to work with all demand for mobile networks spiked in of essential telecommunications
suppliers and support industries. with existing 4G networks before infrastructure also offers medium levels of government to unlock and some areas, and as people spent more services (including ongoing 4G and
In a competitive environment, our evolving to fully standalone networks. and longer term economic benefits expedite private sector investment time online at home, network traffic emerging 5G), and minimising impact.
members are constantly investing The rollout of 5G will help meet supporting communities, businesses in Australia’s increasingly essential loads shifted geographically from city
in their existing 4G networks, and Australians’ growing demand for and public services. It promotes telecommunications sector. centres and office areas to suburban The industry is already building
are now racing to build 5G. more data, with the Australian and enables flexible working, cloud- residential areas . This amplified the the first 5G networks, with critical
Communications and Media Authority based collaboration, connectivity Delivery of 5G Requires present challenges associated with investment decisions being made
(ACMA) reporting that the volume and education for remote learning, ensuring quality mobile network now and in the very near future. It
Governments embracing the a commitment from all
of data downloaded on mobiles has homework and student connectivity. service in residential areas during is imperative that there is certainty
benefits of 5G Infrastructure levels of Government peak times of the day.
doubled from June 2018 to June 2019, around the ability to deploy the
and this is set to continue. Regulation of telecommunications has requisite infrastructure to provide 5G,
Australia’s state, territory and local For nearly three decades and through And just like council development
traditionally been a Commonwealth so the benefits can be realised across
governments are increasingly four generations of mobile network approval is required for some new
Why deploy 5G networks? responsibility, but Australia’s state Australia.
developing smart places strategies technology, the mobile industry homes, apartments, office buildings
and supporting projects to solve and territory governments also
5G will deliver faster speeds, better play a significant role. They devise represented by AMTA has worked and commercial premises, so too it is
problems and improve the lives of Best Practice Regulation for
response times and greater capacity. planning policies and the rules constructively with all levels of
their residents and capability of their State & Territories
5G networks are designed to work in and processes for assessment of government to unlock the potential
businesses. social, economic and environmental
conjunction with 4G networks using a substantial proportion of mobile The process for a carrier to deploy
Rather than the technology being benefits enabled by mobile
a range of macro cells, small cells network infrastructure. It is then local a 5G Telecommunications Facility
a starting point, the public sector telecommunications.
and dedicated in-building systems. councils that are central in the process broadly requires the need to:
is ‘citizen centric’, and is designing
Small cells are mini base stations of interpreting these rules, assessing a. Secure Development
solutions to improve the human
designed for very localised coverage proposals and finally deciding whether Approval to allow use of land
experience. Communications
typically out to a few hundred metres, to grant development approval. and development of the
networks, sensors and the Internet
providing in-fill capacity for the larger infrastructure; and,
of Things (IoT) are then drafted and
macro network. Small cells will be Despite several challenges during b. Secure Tenure, through a
applied as enabling solutions.
very important for future 5G networks 2020, Australia’s mobile industry lease or license to allow a
As these solutions rely on increased
and will evolve to include the use of is now rapidly deploying new and carrier to establish a facility
network capacity, faster download
millimetre wave (mm Wave) augmented network infrastructure on the site.
speeds, and lower latency, 5G will
radio frequencies. suitable to deliver 5G enabled services
become a natural choice for smart
connectivity. including additional antennas, new
towers, poles and small cells.
2 3
produced by the Development Importantly, planning controls like The Three Approval Pathways So, the appropriate basis for states, Findings of the 5G State & Territory
Assessment Forum (DAF). The DAF those currently found in New South diagram outlines this arrangement territories and councils to setting Readiness Assessment
Best Practice Processes for comprised all levels of government, Wales and to some extent Victoria and highlights the need to shift more rents for the mobile carriers are, for
“Development Approval” for industry, the Planning Institute of are consistent with the DAF model assessment into the ‘Complying’ example, the rentals charged by the The Full Report reviews and assesses
Telecommunications Australia and academia, and in the and recognise the critical nature of Development’ or ‘Permit Exempt’ Crown Land agencies to all other uses the current regulatory frameworks
Network Infrastructure Model the DAF recommended mobile network infrastructure. They pathway. of Crown land. To do otherwise results of each Australian state and territory,
ways to streamline development recognise that subject to relevant in discrimination and inconsistency and by extension local government as
The recommendations in AMTA’s assessment without sacrificing the performance criteria, there are Some states and territories however with the Telecommunications a legislated instrument of the States
5G State and Territory Readiness quality of decision making. telecommunications facilities outside do not provide such an arrangement Act, cl. 44. & Territories. It seeks to determine
Assessment relating to Development It provides a blueprint for jurisdictions those defined Federally as ‘Low- and require full development approval how these frameworks align with best
Approval are grounded in the for a simpler, more effective approach impact’ which don’t need to be the for all forms of telecommunications Notwithstanding, Carriers are often regulatory practice as outlined above.
principles and guidance found in to development assessment, via ten subject of a full council development infrastructure, unless a proposal is a treated differently to other critical After a thorough analysis of the
the ‘Leading Practice Model for leading practices and six development assessment process. Low-impact facility. The end result is: infrastructure providers when it regulations by AMTA and its carrier
Development Assessment in Australia’ assessment pathways/tracks. • Unnecessary regulation of and comes to utilising public roads and members, an assessment for each
delay in the deployment of land, in that no rent is often charged to state and territory is provided.
critical infrastructure’; electricity, water and other Firstly, ‘Best Practice’ regulations
• Inconsistent policies, regulation traditional utilities. displayed by that state or territory
and performance criteria are outlined and their alignment with
THREE APPROVAL PATHWAYS between different council areas The Federal Court decision in Telstra model best practices is explained.
The proposed Telecommunications Facility will fall into one of three categories when the infrastructure required Corporation Ltd v State of Queensland Secondly, we then highlight each
is ubiquitous and essential; and, [2016] FCA 1213 found that such ‘Reform Opportunity’ identified in that
• Critical/essential arrangements in Queensland state or territory. An explanation of the
telecommunications discriminated by imposing higher likely improvement to ‘5G readiness’
infrastructure being zoned out of rents for commercial carriers that from the reform is provided.
particular localities lease Crown land for “provision, Finally, a specific ‘Recommendation’ is
relay or transmission of telephonic made, corresponding to each
In addition to the inclusion of the television, radio or other electronic ‘Reform Opportunity’.
1 2 3 ‘Permit Exempt’ or ‘Complying
Development’ pathway, the Readiness
communication services” .
Analysis for each state and territory
Assessment’s Full Report focuses on It is therefore considered to be ‘best is not exhaustive, and only the most
‘Low Impact’ Facilities Permit Exempt or Development Approval a range of ‘Best Practices’ and has practice’ for ‘tenure’ arrangements in impressive “Best Practices” and most
Complying Required identified ‘Reform Opportunities’ for the Readiness Assessment to require pressing “Reform Opportunities”
Telecommunications the states and territories in relation state, territory and local governments are included.
Facilities exempt from State, Territory or Telecommunications Facilities to: development application fees, to not discriminate against carriers.
Council Approval due to Local exemptions which require Development decision making, timing and appeals. This extends to not just the lease
Approval, including detailed What are the Best Practices
the Telecommunications Telecommunications Facilities terms, but fees and charges
assessment against subjective and Reform Opportunities for
(Low-impact Facilities) which meet the performance Best Practice ‘Tenure’ Regulation associated with rentals.
planning policy and criteria. Australia’s States and Territories?
Determination 2018. criteria and/or requirements for Telecommunications Network
of a State or Territoy Code, Notification/Consultation Infrastructure This can often be reflected in a ‘Master
Notification/Consultation AMTA, and its infrastructure
Regulation, or Planning typically in accordance with Agreement’ between carriers and
pursuant to ‘C564 Mobile division the Mobile Carriers Forum,
Scheme. State/Territory Planning
Central to the process of providing State and Territory Governments to
Phone Base Station Legislation and Council
has been willing to contribute
an essential utility service including guide the conditions under which land
Deployment Code’. Notification/Consultation Requirements. necessary industry expertise to assist
water, roads, electricity and will be leased for the establishment
pursuant to ‘C564 Mobile governments to understand what
telecommunications is ensuring of telecommunications facilities. The
Phone Base Station is driving the telecommunications
appropriate and fair access to public carriers are seeking a streamlined
Deployment Code’. sector.
land, which is regulated by state and process for the leasing of land without
territory governments. discriminatory terms. Such an
This 5G Infrastructure State &
approach should be applied to both
Territory Readiness Assessment
The Australian Constitution, (and in ‘macro’ tower sites as well as for sites
has highlighted best practice across
This Readiness particular section 109) states that used by emerging communication
Australia and has given credit
Assessment promotes
when a state law is inconsistent with technologies, such as 5G small cell
best practice planning where it is due.
regulation that seeks to a law of the Commonwealth, the mobile telecommunications.
shift more assessment into
the Permit Exempt or
Commonwealth law shall prevail, It has also sought to highlight and
and the state act shall be invalid Where feedback has been supplied by
Complying Pathway. document a series of 21 priority
to the extent of the inconsistency. AMTA’s members, the Full Report of
recommendations based upon
The Telecommunications Act the Readiness Assessment examines
models for best practice regulation.
1997 (Cth) provides that where land access arrangements in the
Whilst not exhaustive, these reforms
state law discriminates against states and territories to gauge their
have been identified by AMTA
fairness and consistency.
APPROVAL telecommunications carriers, that law members as the most pressing to
has no effect to the extent ensure readiness for 5G deployment.
to which it discriminates. These are summarised in the
following diagram.
4 55G Readiness - Summary of Best QUEENSLAND
Best Practice Examples
Practice Examples and Reform • Moves to reform leasing with review and
introduction of Land Regulation 2020.
NEW SOUTH
Opportunities
Reform Opportunities
• Introduce Telecommunications Code into WALES
Queensland Planning Provisions.
NORTHERN • Introduce State-wide consistency for DA fees. Best Practice Examples
• Review Appeal process at P & E Court to avoid
TERRITORY undue delay, expense and technicality.
• The Infrastructure SEPP provides Exempt and
Complying Development for specified types of
• Review Dept Education Exclusion telecommunications infrastructure within specified
Reform Opportunities Zone Policy which is not timeframes.
• Include Telecommunications Facilities as science based.
‘permitted’ to allow for exemption from consent
Reform Opportunities
in several zones (including Industrial and Rural)
where conditions are met. • NSW Dept Education withdraw its policy
• Adopt AMTA’s suggested amendments to the promoting non-science based exclusion zones.
Northern Territory Planning Scheme 2020 as • IPART to create single fee structure that
contained in the AMTA/MCF submission applies to all occupiers of Crown Land
and does not discriminate.
WESTERN lodged with the Commission in April 2020.
AUSTRALIA
Best Practice Examples
• Statement Planning Policy 5.2 provides a
consistent policy framework, but requires action by
councils to ensure consistency.
AUSTRALIAN
Reform Opportunities CAPITAL
• Ensure Council Policy compliance with SPP5.2 (3 TERRITORY
Councils remaining).
• Seek amendments to ensure use not permitted Reform Opportunities
is removed from zones in some Schemes. • Introduce complying development for some
• Timely & consistent approach to facilities.
leasing Crown Land. • Review Communications Facilities Code and
minimise subjective assessment criteria.
• Introduce Master Agreement including
timely & consistent approach to
leasing land.
SOUTH
AUSTRALIA
Best Practice Examples
TASMANIA VICTORIA
• Independent professional members on Council
Assessment Panels make decisions on DA under Best Practice Examples
Best Practice Examples
delegation from Council. • Limited 3rd party appeals for mobile
• Short statutory timeframes for processing
blackspot funded sites.
Reform Opportunities of DAs for Telecommunications Facilities.
• Policy across the State underpinned by a Planning
• Firm statutory timeframes for decisions on 3rd
• Phase 2 & 3 Planning and Design Code to Policy Framework, Particular Provisions and a State-
Part Appeals to RMPAT.
recognise Telecommunications and provide wise Code which offers permit exempt approval
Code with exemptions. pathway.
Reform Opportunities
• Ensure Historic Overlays don’t impact
LIFD exemptions. • Review acceptable heights in Single Planning Reform Opportunities
• DEW encouraged to establish Scheme Telco Code. • Bring forward review of 2004 Victorian Code.
Master Agreement. • Introcude complying development with • Resolve permit triggers (use/development).
additional facilities listed as ‘minor • Seek amendment to ensure no zones
communications infrastructure prohibit telecommunications
in Tasmanian Planning facilities.
Scheme.
6 75G – What’s Next for Australia’s
State & Territory Governments?
With planning well Gone are the days when entire AMTA and its members look
residential suburbs could be serviced forward to working with all levels
progressed for the continuing
by a ‘macro’ telecommunications of government so that Australians
rapid deployment of 5G facility in an adjacent suburb. can realise the economic, social
infrastructure across Telecommunications facilities are and environmental advances that
Australia, the time has never required where people use the service, can be enabled via existing 4G and
been better for Australia’s which is increasingly in emerging 5G mobile networks.
residential areas. AMTA welcomes feedback on this
states and territories to
Readiness Assessment and invites
review and recalibrate The Australian mobile industry discussion with state and
their policy settings and represented by AMTA is not indifferent territory governments.
planning rules to cater to the demands on state, territory and
for the demand for new local government to provide rules that For access to the Full Report please
protect amenity and minimise visual visit https://amta.org.au/
5G telecommunications
impact from telecommunications
network infrastructure. infrastructure. But AMTA is seeking
the urgent attention of governments
The rules and requirements
to rewrite their planning rules to
need to be rewritten to reflect the
ensure that they are consistent
ubiquitous and essential nature of the
with best practice regulation found
infrastructure to recast the balance
in the Leading Practice Model for
in favour of timely and efficient
Development Assessment, as well
deployment.
as non-discriminatory tenure rules
consistent with the provisions of
Telecommunications Act.
Australian Mobile
Telecommunications Association
Suite 5.04, L5, 50 Berry St,
North Sydney NSW 2060
PO Box 1507
North Sydney NSW 2059
(02) 8920 3555
contact@amta.org.au
www.amta.org.au
8 9You can also read
