House debates

Thursday, 14 February 2019

Bills

Telecommunications Legislation Amendment Bill 2018; Second Reading

12:13 pm

Photo of Angus TaylorAngus Taylor (Hume, Liberal Party, Minister for Energy) Share this | | Hansard source

I present a revised explanatory memorandum to this bill and move:

That this bill be now read a second time.

The Telecommunications Legislation Amendment Bill 2018 creates a new tower access regime for towers owned or operated by NBN corporations such as NBN Co Limited, and would also allow the Minister for Communications and the Arts to specify certain temporary telecommunications towers as low-impact facilities in certain circumstances. Following amendment in the Senate, the bill also contains minor technical amendments to transmitter licence refund arrangements and broadcasting licensee support payments, as agreed in the media reform package of 2018.

Schedule 1 of the bill will amend the National Broadband Network Companies Act 2011 to permit NBN corporations to provide emergency service organisations, like police, fire or ambulance services, with access to towers and associated sites and facilities.

Currently, NBN Co cannot provide access to its towers to these organisations because of statutory line of business restrictions. These line of business restrictions limit it to supplying eligible services—such as access to towers—to persons who are carriers or service providers. Emergency service organisations are usually not engaged in the telecommunications business, so are not carriers or service providers. However, they do access towers owned by carriers to deploy equipment that allows them to operate more efficiently, and there is a clear public interest in them being able to access NBN Co's towers.

Schedule 1 to the bill therefore amends the line of business restrictions. The restrictions are only suspended when NBN Co supplies access to towers and associated sites, and only when it supplies this access to eligible persons. Eligible persons are defined to include police, fire and ambulance services, and state or territory emergency services.

NBN Co will not have to provide access if this is not technically feasible or if it does not have sufficient capacity on a tower for its own reasonable requirements or existing contractual requirements. It also will not have to supply access if it is reasonable for an eligible person to obtain access from another tower in the vicinity. This latter clause reflects the fact that other organisations provide tower access and therefore NBN Co should meet competitive neutrality requirements.

NBN Co will be required to publish a standard offer for tower access and must provide the access on a non-discriminatory basis. These obligations are consistent with its general obligations when it supplies services to telecommunications companies.

Schedule 2 to the bill will amend schedule 3 to the Telecommunications Act 1997 to allow the more efficient installation of temporary telecommunications towers when used during emergencies, maintenance, peak holiday periods, and major sporting, cultural or other events.

Schedule 3 to the Telecommunications Act 1997 sets out telecommunications carrier powers and immunities, which allow some types of facilities, such as low-impact of facilities, to be installed and upgraded in a nationally uniform way without the delays imposed by lengthy development approval processes.

The amendments in schedule 2 to the bill would allow the Minister for Communications and the Arts to specify temporary towers as low-impact facilities in certain circumstances. These changes will allow telecommunications carriers to quickly provide services to the community, businesses and emergency services organisations. The changes were outlined in a June 2017 public consultation paper, titled 'Consultation on possible amendments to telecommunications carrier powers and immunities'.

Except during an emergency and natural disaster, there will be strict height restrictions imposed on temporary towers. The changes also include conditions to ensure that a temporary tower is removed within a set time frame and that carriers restore the land.

Schedule 3 of the bill was inserted via amendment in the Senate. The schedule contains minor technical amendments to transmitter licence refund arrangements and broadcasting licensee support payments. The changes are to:

        I commend the bill to the house.

        12:19 pm

        Photo of Michelle RowlandMichelle Rowland (Greenway, Australian Labor Party, Shadow Minister for Communications) Share this | | Hansard source

        I rise to speak on the Telecommunications Legislation Amendment Bill 2018. This bill proposes to amend the National Broadband Network Companies Act 2011 to require the National Broadband Network Company to provide emergency service organisations with access in certain circumstances to towers and associated sites and facilities. It also proposes to amend the Telecommunications Act 1997 to enable the Minister for Communications to specify temporary towers as low-impact facilities in certain circumstances. This bill also incorporates a Labor amendment passed by the Senate on a broadcasting-related matter, which I will come to later.

        Turning first to schedule 2, which deals with temporary mobile towers: this schedule deals with the deployment of temporary mobile towers and infrastructure. The carrier powers and immunities regime is a longstanding provision under the Telecommunications Act which allows companies to deploy infrastructure under a range of circumstances. When a particular type of infrastructure is deemed to be of low impact, the usual planning process may no longer apply and the approvals process is streamlined. Low-impact facilities include some radio communications facilities, underground and above-ground housing, cables and the like. The longstanding arrangements help to minimise the cost and time to deploy networks and other related infrastructure. The explanatory memorandum notes schedule 3 to the Telecommunications Act does not currently permit towers, other than replacement towers of a particular height, to be installed using such carrier powers and immunities.

        As you would well know, Mr Deputy Speaker McVeigh, mobile towers can be a sensitive issue for local communities for a variety of reasons, which I recognise as a local member but also in my previous role as a local councillor. Naturally, a balance must be struck between the need to deploy infrastructure efficiently and in a timely manner, to the benefit of consumers, and the processes and risk management that underpin their deployment.

        Temporary towers require local government approval in many places. Mobile operators are often required to obtain approvals from local government authorities to temporarily install these facilities. The amendments proposed by schedule 2 of the bill would allow towers to be installed temporarily, under the certain conditions specified, without the requirement for all of the approvals that are currently required. This includes situations such as providing services to emergency services organisations to respond to a natural disaster or emergency. It also includes periods of peak demand or additional capacity to support specific events. These are all legitimate circumstances in which temporary mobile infrastructure is deployed. The question raised by this bill is whether there should be more flexibility in certain types of deployment scenarios.

        Labor is, in principle, supportive of the steps to streamline processes for the deployment of temporary mobile infrastructure, provided it is safe for the community and the environment and that the benefits outweigh the risks. We strongly support the ability of temporary mobile infrastructure to be deployed expeditiously during natural disasters or emergency situations, as I'm sure all members do in this place. We have adopted a more cautious approach towards events and deployment in local areas of peak seasonal demand. Any proposal which seeks to provide mobile carriers with the ability to bypass local approvals must be developed with care and sensitivity, and in consultation with relevant community, council and local government stakeholders.

        Labor instigated an inquiry into schedule 2 of this bill primarily due to a concern that temporary towers could be deployed in some scenarios, such as events, under the streamlined arrangements proposed in this bill, but then become permanent through a process of minor relocation or gaming of the time limits. This situation, if permitted, would clearly be contrary to the intent and spirit of this bill. These concerns were reflected in the two primary recommendations of the Senate inquiry into schedule 2. I acknowledge the government has, in good faith, taken the committee's concerns into account, and has subsequently provided and issued a replacement explanatory memorandum to respond to the matters raised by the Senate Environment and Communications Legislation Committee report from its inquiry into the Telecommunications Legislation Amendment Bill 2018, which was released on 10 September 2018. The amended explanatory memorandum makes clear that what could be described as a 'trivial relocation' of a temporary facility does not reset the clock, as it were, for the time period linked to the event and not the specific location.

        Another issue identified in the Senate inquiry was whereby an annual time limit could, perhaps opportunistically, be breached by a mobile carrier across two calendar years in a manner that permitted a temporary facility to operate for nearly 12 months, rather than the six-month intent described in the bill. The backstop safeguard in this situation appears to be the requirement to issue a land notice to the land owner, who then has the option of raising an objection with the Telecommunications Industry Ombudsman. While this mechanism is imperfect, we are prepared to be flexible and see how it operates in practice. If the TIO observes unintended outcomes, there is nothing that would prevent a future parliament from taking reasonable steps to strengthen those safeguards as judged appropriate.

        For these reasons and given the issue of a replacement explanatory memorandum, Labor is satisfied that, on balance, there are adequate safeguards to address the concerns that have been identified. We are also satisfied about the existing environmental safeguards that exist. For this reason, it is our intention to support schedule 2 of the bill as it stands. Should evidence emerge of unintended consequences as a result of the changes, as I said, there will always be scope to revisit these issues on their merits.

        Turning to schedule 1 of the bill, access to NBN towers by emergency service organisations: schedule 1 of the bill proposes to amend the National Broadband Network Companies Act 2011 to require NBN to provide emergency service organisations with access to its towers in certain circumstances. These emergency service organisations can include fire, ambulance and police, as well as other state and territory services. These organisations have been unable to provide this access because of line-of-business restrictions in the originating NBN legislation. These restrictions prevent NBN Co from providing access to entities that are not supplying telecommunications services. Clearly, these restrictions are impractical and unnecessary when it comes to emergency service organisations, so the changes are welcome. Schedule 1 of this bill proposes to amend the existing restrictions applying to the NBN so that such access can be supplied to eligible emergency service organisations without breaching those restrictions. Labor is supportive of this proposal as it seems to be a sensible step.

        The Australian public has made a significant investment in telecommunications infrastructure because of the NBN rollout. It is important that these investments are leveraged for the public interest. Supporting the efficient deployment of communications infrastructure for emergency service organisations is certainly in the public interest. To progress this outcome, the bill proposes to establish a tower access regime to facilitate that access. Under the proposed tower access regime, NBN Co would be required to give access to the tower and related sites. If there is another tower in the vicinity of the tower owned or operated by NBN Co, NBN Co would need to be satisfied that it would not be reasonable for that entity to access that other tower before providing access to its own. We are satisfied that schedule 1 offers adequate safeguards and that NBN Co is not required to provide access where it is not technically feasible. Imposing such a requirement would create a range of operational and technical challenges that would be both costly and impractical unless a fair mechanism for cost recovery was in place.

        Finally, I also note Labor introduced an amendment to this bill in the Senate to correct a legislative issue that is preventing the payment of assistance payments to a regional broadcaster. The amendment proposes to omit Northern Rivers Television Pty Ltd as a specified company that is eligible to receive a transitional support payment under part 3 of schedule 6 of the Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017 and to specify Network Investments Pty Ltd in its place. I am pleased that the government supported the amendment in the Senate, and I look forward to their support in this chamber.

        The Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017 established a transitional support payment scheme for specified companies. This entitles a company to a transitional support payment if it meets certain criteria, including being the holder of a commercial television or radio broadcasting licence. Northern Rivers Television is specified as a company that can receive an annual transition support payment if they meet the criteria for that payment. However, on 1 June 2017, Northern Rivers Television transferred the commercial television broadcasting licence and assets it held to Network Investments. Under the policy, Network Investments, as the current holder of the commercial television broadcasting licence, would have been eligible for the annual payment of financial assistance. However, it is not currently specified in the Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017. The Labor amendment will specify Network Investments as being eligible for the payment. This will ensure that Network Investments receives the transitional support payment for each of the relevant financial years.

        This amendment was first introduced by the government in the House of Representatives to a separate bill, the Communications Legislation Amendment (Deregulation and Other Measures) Bill 2018. However, that bill appears to have since stalled under this minister, as has a lot else in the communications portfolio. The minister has been sitting on the government's communication deregulation bill for quite some time. Labor was tired of waiting for the minister to get his act together because all we saw was delay, delay and delay. We are pleased that the Labor amendment has been incorporated into the bill.

        In seeking to explain himself on this matter, the minister made the very bizarre claim that his deregulation bill, which the minister has not brought on for debate in the Senate, has somehow stalled because of Labor—yet more excuses from this minister. It is no wonder the communications sector is tired of having a distracted minister more focused on his backroom numbers than his portfolio. But we are glad that at least today, in the context of this bill, this amendment from Labor will have a useful outcome.

        12:30 pm

        Photo of Stephen JonesStephen Jones (Whitlam, Australian Labor Party, Shadow Minister for Regional Services, Territories and Local Government) Share this | | Hansard source

        Labor's response to the Telecommunications Legislation Amendment Bill 2018 has had the benefit of consultations with the Australian Local Government Association, representatives of the telecommunications industry and the capacity to consider the inquiry and report that was done by our members in the other place. On the basis of that information and those consultations we are able to inform the House that Labor will be supporting both schedules 1 and 2 to the bill, which concern amendments to the telecommunications regulatory legislation.

        Schedule 2 of the bill proposes to amend the 1997 act to extend immunities from state and local government planning laws to mobile carriers in specified circumstances where they are deploying temporary towers without needing all the local government approvals in certain circumstances—those certain circumstances being natural disaster emergencies, amongst others. We strongly support the ability of temporary mobile infrastructure to be deployed expeditiously during a natural disaster or an emergency. That just makes sense. It's a clear case in which the benefits of the measures will outweigh any incumbent risk.

        I will talk a little bit about telecommunications and communications signals during an emergency situation. We're almost at the anniversary of the terrible Tathra bushfires. I had some discussions this morning with council representatives who were reflecting on the Black Saturday bushfires in Victoria 10 years ago. There is example after example where people are relying on their mobile telecommunications during a natural disaster. I could point also to all the Pinery bushfires on the outskirts of Adelaide. I see the member for Grey in the chamber. He would be very familiar, as his electorate borders that region as well.

        This is critical infrastructure at any time and critical during a natural disaster. Close to 70 per cent of triple-O calls, emergency service calls, during a natural disaster—in fact, nearly 70 per cent of emergency calls, full stop—are made from a mobile phone. So it's all the more important that we have extensive coverage, particularly in those areas that are prone to natural disasters, floods or bushfires. The ideal situation would be to have extensive mobile phone coverage right throughout the country. It's a damn big place. We know that we're not going to be able to have a mobile signal absolutely everywhere, but along our main highway routes, along areas that are prone to natural disasters and in areas where there is a strong and large influx of tourists—perhaps visitors during a tourism season and perhaps visitors during a music festival, for example—there is a strong case, a need indeed, for us to be looking at either permanent structures or facilitating amendments such as this.

        Ideally, we would have permanent coverage. That is why when Labor were in government we spent $250 million on a regional backbone black spots program. This is the program which, I have to say, enabled the current government to leverage off it to ensure that they could provide subsidised mobile phone towers in many regional areas. Of course, they've mismanaged the program. They've wasted resources putting towers and base stations in areas that didn't improve the coverage. In fact in round 1 of the program, nearly one in five of those stations, according to the Australian National Audit Office, didn't extend coverage. They failed to facilitate competition and wasted a lot of money in round 1 of that program. Round 2 of that program was riddled with politicisation. Some lessons were learned in round 3. Hopefully they don't repeat those same mistakes in round 4 of the program. But, without the back haul in place, the $250 million invested by a Labor government, a lot of these mobile phone base stations simply could not operate. They'd just be poles in a paddock. Labor has a good track record in this area, and we will continue to invest in ensuring that we can extend coverage for mobile services throughout areas prone to natural disasters. Where it's simply not feasible or possible, legislation such as this, which provides and facilitates the erection of temporary facilities, is absolutely critical.

        I also need to make note of and give a shout-out to the telecommunications carriers in North Queensland at the moment. Townsville and surrounds has been devastated by flood, and I'm pleased to see that emergency service operators, our telecommunications carriers and our Defence Force personnel are working hand in hand, very closely together, to ensure that we get a temporary and then a permanent service up again. The recent floods up there have knocked out mobile phone towers in a number of locations. I know that our carriers are busy deploying cells on wheels as an interim measure to help get affected residents connected. Locals do appreciate the efforts of the carriers to assist them in these emergency situations. It would be remiss of me not to use an opportunity with a bill such as this to pay credit to the work that is being done up there and to all the services. Both Optus and Telstra have assistance packages to help customers in the region, including giving customers access to free and interim services during the recovery period, and we all understand how much and how important it is to connect and reach out to friends and families during these emergency situations.

        The schedule proposes to streamline processes which relate to deployment of temporary mobile towers and to provide more flexibility in certain types of deployment situations. I've described one. There may be others. Labor is, in principle, very strongly supporting these steps to streamline the processes for deployment of temporary infrastructure, provided it is safe to the community and for the environment and that the benefits do outweigh the risks. We believe in these circumstances they do.

        I see that the member for Mayo is in the chamber. I'll be surprised if she doesn't make mention of the need for battery backup of our mobile phone towers in emergency situations as well. I've had a number of conversations with the member for Mayo on this issue. We are keenly aware that communities being served by new mobile phone base stations in bushfire-prone areas want to have the peace of mind that there is a sufficient level of battery backup to ensure that, in the most critical phase of an emergency, their mobile towers are able to continue to operate. We do need to understand that, for the most part, when bushfires come through the area, it's quick—devastatingly quick, deadly quick—but it may also be a long period of time before a crew can come through the area and repair any damage that is done to the power and facilities. So having sufficient levels of battery backup in these bushfire-prone areas just makes good sense. If the member for Mayo is returned—and I'm confident that she will be—and if Labor is lucky enough to win the support of the Australian people at the next election, we'd like to engage in a sensible conversation with the carriers, with the emergency service providers and with interested members of this place to ensure that we have the sufficient level of standards in place to provide sufficient battery backup powering arrangements for these towers in these areas. I thank the member for Mayo for her ongoing interest in this area. I know it means a lot to her in her electorate.

        Labor believes that any proposal to provide mobile carriers with the ability to bypass local approvals must be developed in consultation with the relevant community council and local government stakeholders. That's why Labor instigated an inquiry in the other place to specifically look more closely at the consequences of the measures in schedule 2, and I personally reached out to the president of the Australian Local Government Association on this issue. I had productive discussions with David O'Loughlin, a mayor and the president of the association. The association outlined some concerns, and these concerns were reflected in the primary recommendations of the Senate inquiry into schedule 2 of the bill. So, Labor acknowledges that the government has in good faith taken the committee's concerns into account, and on this basis we're able to accept these recommendations to this schedule of the bill.

        I just want to finish by raising one point, and I thank the member for Greenway, the shadow minister, for drawing attention to this point in her contributions. This bill has had an attachment to it, an amendment that was moved by Labor in the Senate—a long overdue amendment. I thank the government members for agreeing to it finally. There was much delay in this, and it has a big impact for viewers of regional television in regional Australia. I'm talking, of course, about the amendment that proposes to permit Northern Rivers Television Pty Ltd as a specified company eligible to receive a transitional support payment under part 3 of schedule 6 of the broadcasting legislation.

        This will probably be all very puzzling for most members of this place. Let me put it simply: under the broadcasting reform legislation moved by the minister, which was passed through last year, certain transition and other refund payments were available to broadcasters because of the change in ownership between Norther Rivers Television Pty Ltd, subsequently purchased by WIN TV, headquartered in my electorate and the electorate of the member for Cunningham. The new owners became ineligible for those payments. That was never intended. The amendments moved by Labor in the Senate will ensure that the new owners, WIN TV, will get the payments that were always intended to go to them.

        We thank the minister for finally getting onto this important work. It wouldn't have happened had it not been for the work of the member for Greenway in ensuring that those amendments were moved in the Senate. With those comments, with those contributions, we commend the legislation to the House.

        12:43 pm

        Photo of Angus TaylorAngus Taylor (Hume, Liberal Party, Minister for Energy) Share this | | Hansard source

        I would like to thank the members of the House of Representatives who have contributed to this debate on the Telecommunications Legislation Amendment Bill 2018. The bill creates a new tower access regime for towers owned or operated by NBN limited corporations, such as NBN Co Limited, and would also allow the Minister for Communications and the Arts to specify temporary telecommunications towers as low-impact facilities in certain circumstances. Schedule 1 of the bill will amend the NBN Companies Act 2011 to permit NBN corporations to provide emergency service organisations like police, fire and ambulance with access to towers and associated sites and facilities.

        The bill requires NBN Co to meet competitive neutrality obligations. NBN Co will not have to provide access if this is not technically feasible or if it does not have sufficient capacity on a tower for its own reasonable requirements or existing contractual obligations. NBN Co will be required to publish a standard offer for tower access and must provide the access on a non-discriminatory basis. These obligations are consistent with its general obligations when it supplies services to telecommunications companies.

        Schedule 2 to the bill will amend schedule 3 to the Telecommunications Act 1997 to allow more efficient installation of temporary communications towers when used during emergencies, maintenance, high-demand holiday periods and major sporting, cultural and other events. Schedule 3 to the bill sets out telecommunications carriers' powers and immunities, which allow some types of facilities, such as low-impact facilities, to be installed and upgraded in a nationally uniform way without the delays imposed by lengthy development approval processes. The amendments in schedule 2 to the bill will allow the minister to specify temporary towers as low-impact facilities in certain circumstances, and those changes will allow carriers to quickly provide services to the community, businesses and those emergency service organisations. The proposed changes were outlined in a June 2017 public consultation paper which was titled 'Possible amendments to telecommunications carrier powers and immunity: consultation paper'.

        As the chamber may recall, this bill was referred to the Senate Environment and Communications Legislation Committee for consideration. The committee published its report on 10 September last year and focused on schedule 2 of the bill. I want to thank the committee for its hard work and considered report. It recommended that the bill be passed and also made recommendations about strengthening protections in schedule 2 to the bill to ensure that carriers would not be able to relocate temporary facilities as a means of avoiding the time limitations in the bill and to ensure that the protections will apply to heritage areas. I think the committee's additional recommendations were very sensible, although I note that they can largely be dealt with through additional clarification of the safeguards present in the current law and the bill itself. As such, the Minister for Communications and the Arts tabled a replacement explanatory memorandum for the bill in the Senate which addressed these recommendations and also addressed concerns raised in submissions made by stakeholders, including the Telecommunications Industry Ombudsman, the Communications Alliance and the Australian Mobile Telecommunications Association.

        Members will be aware that schedule 3 to the bill was inserted by the Senate during its debate on the bill. The schedule contains a measure that the government proposed in the Communications Legislation Amendment (Deregulation and Other Measures) Bill 2018, which was supported by those opposite. The schedule contains minor technical amendments to transmitter licence refund arrangements and broadcasting licensee support payments, as agreed in the media reform package of 2018. The government supported the amendment to the bill in the Senate because it will allow, amongst other things, payments to be made to Network Investments Pty Ltd as part of the transitional support payments under the Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017. I call on all members to support the bill.

        Question agreed to.

        Bill read a second time.