Building owners unite to fight carrier powers

 “The days of offering $1 rent to use a building must end,” says Ken Morrison, as the Property Council goes in to bat for building owners at the mercy of aggressive telecommunications companies.

The Department of Communications is currently undertaking public consultation on proposed legislative changes, suggested by telcos, to widen the powers of carriers to roll-out, expand and maintain communications infrastructure.

Announcing the consultation in June, Communications Minister Mitch Fifield said technology and demand for connectivity had changed since the Telecommunications Act and Code of Practice were introduced in 1997.

But consultation with Property Council members uncovered a unanimous view that building owners are bearing unreasonable health and safety risks and costs due to carrier activities on their premises.

“Telecommunications carriers, with legislative protection, are too often a law unto themselves, show little regard for building owners or other tenants, and pay next to no rent,” Morrison says.

In a submission to the Department, the Property Council says proposed changes would escalate aggressive behaviour and result in further inefficient and unfair use of Australia’s commercial buildings.

Among the stories reported by members, building owners are being offered $1 rental for distributed antenna systems and some carriers are refusing to pay compensation for space lost.

Licensed carriers are failing to provide sufficient notice before undertaking work or to observe critical safety standards. Inappropriate installation of cables and equipment is also impeding building maintenance.

Morrison says the “faulty” legislation “fails to provide low-cost mediation options for owners”, with their only recourse costly and time-consuming federal court action.

“Property owners understand the value of having strong mobile coverage in our cities, but it’s not unreasonable to expect carriers to pay appropriate rent for the use of buildings and consider workplace health and safety issues, just like tenants are expected to do.

“Safety is a major issue for building owners who fear potential liability yet they have little control.”

The Property Council has met with the Department, and a roundtable is being established with carriers. Morrison says this is a “good start to fixing a vital issue”.

“Full marks to Minister Fifield and the Department for their response to our submission.”