Reforms to the telecommunications powers and immunities framework

As the peak national body representing Australia’s mobile telecommunications industry, the Australian Mobile Telecommunications Association (AMTA) welcomes the release of draft reforms to the Commonwealth telecommunications powers and immunities framework for a period of community consultation.

The Department of Infrastructure, Transport, Regional Development, Communications and the Arts is seeking feedback on proposed amendments to the Telecommunications (Low-impact Facilities) Determination 2018 (the LIFD) and the Telecommunications Code of Practice 2021 (the Code).

If enacted, these revisions will improve the performance and accelerate the deployment of the latest mobile and fixed line telecommunications network infrastructure. The proposed reforms include:

  • Increasing dimensions of solar panel arrays from 12.5m2 to 50m2, thereby improving the resiliency and energy consumption of telecommunications facilities, particularly in regional areas.
  • Promotion of co-location and tower sharing with an increase of co-location volume from 25% to 50% as a low-impact facility in residential and township areas.
  • ‘Bridging a gap’ in powers and immunities with inclusion of cabling and conduit on bridges as a low impact facility; and,
  • Increasing satellite dish sizes from a maximum of 1.8m to 2.4m in diameter in Rural and Industrial areas, and from 1.2m to 1.8m in diameter in commercial and residential areas.

Throughout 2023 and 2024, AMTA has actively advocated for the needs of its members that implement national mobile and fixed infrastructure, making submissions and representations to the Minister and Department on the need for these reforms. AMTA also made the case for reform during the ACCC’s Regional Mobile Infrastructure Inquiry and the House of Representatives Inquiry into co-investment in multi-carrier regional mobile infrastructure.

AMTA fully supports the proposed revisions. The changes will enable the carriers to undertake these activities with immunity from some State and Territory legislation, including council planning regulations.

AMTA CEO, Louise Hyland, said: “AMTA, on behalf of the Australian mobile telecommunications industry, welcomes these necessary reforms. If implemented, the changes will encourage network investment so that mobile telecommunications networks, national fixed line networks and subscriber connections can continue to meet the needs of modern Australia”.

Hyland continued, “These seemingly modest changes will be transformative, enabling mobile telecommunications companies to respond to consumer demand more effectively by installing telecommunications facilities to augment existing networks, and expediting the transition towards standalone 5th generation technology”.