AMTA State & Territory 5G Infrastructure Readiness Assessment - First edition - March 2021 - Australian Mobile ...
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AMTA State
& Territory
5G Infrastructure
Readiness
Assessment
First edition – March 2021
1
Foreword
Mobile telecommunications are Regulation of telecommunications In doing so, the industry is keen to
fundamental to Australia’s economy has traditionally been a work with all levels of government to
and society. Australians demand Commonwealth responsibility, unlock and expedite private sector
near-ubiquitous, high-quality but Australia’s state and territory investment in Australia’s increasingly
mobile services, and Australian governments play a key role in essential telecommunications sector.
networks must cater for continuous facilitating or hindering network
exponential growth of mobile traffic deployment. They devise planning
while maintaining affordable prices. policies and the rules and processes
for assessment of a substantial
It is increasingly important that proportion of mobile network
state and territory planning policy infrastructure. It is then local councils
makers recognise the essential that are central in the process of
nature of telecommunications interpreting these rules, assessing
services and the rapidly-evolving proposals and finally deciding
dynamic requirements for network whether to grant approval.
deployment and upgrade. Otherwise
Australia’s networks will fall behind Despite several challenges during
and hinder economic growth and 2020 and 2021, Australia’s mobile
social connectivity. industry is now rapidly deploying
new and augmented network
AMTA counts amongst its members infrastructure suitable to deliver 5G
the three mobile network operators enabled services including new and Dan Lloyd, Chair, Australian
deploying and operating mobile additional antennas, new towers, Mobile Telecommunications
networks in Australia: Telstra, poles and ‘small cells’. Association (AMTA)
Optus, Vodafone (part of the TPG
Telecom Limited Group), together The continued deployment of 4G
with infrastructure suppliers and and emergence of 5G network
support industries. The industry infrastructure offers the potential
acknowledges both the critical role for a substantial stimulus impact on
that it plays and the need to balance the economy as we adapt to a “new
the very legitimate concerns of post-Covid normal”. As a technology
communities and government and that enables other sectors of the
comply with relevant regulations economy, 5G mobile infrastructure
and standards. However, there is an also offers economic benefits
opportunity to share best practice supporting communities, businesses
to identify opportunities for earlier and public services.
realisation of the benefits of network
upgrades for Australia. To ensure readiness for the
deployment of the 5th generation
In a competitive environment, our of mobile networks, AMTA and its
members are constantly investing in members encourage Australia’s state,
their existing 4G networks, and are territory and local governments to
now racing to deliver the benefits embrace the opportunities for ‘best
of 5G to Australia. After carefully practice’ policy and regulatory reform
planning their network infrastructure recommended in this report.
they must secure development
approval from councils and tenure on
freehold and government land, and
to do this they must navigate through
a complex and sometimes outdated
web of rules and regulations in each
of Australia’s States and Territories,
and over five-hundred council areas.
2 3
Contents
Foreword 2
Contents 5
Executive Summary 6
5G Readiness - Summary of Best Practice Examples and
Reform Opportunities 8
Background & Purpose 10
What should State & Territory governments do to
achieve 5G deployment readiness? 11
The importance to Australia of 5G 12
Governments embracing the benefits of 5G Infrastructure 14
hases of 5G infrastructure deployment
P
in Australia 15
Creating Planning Regulations for 5G Infrastructure 18
Minimising impact on amenity from 5G infrastructure 18
The need for non-discriminatory and
objective planning rules 18
ecognition of the essential role of
R
telecommunications networks 19
Regulatory Responsibilities for 5G Infrastructure 20
The Federal Government and 5G Infrastructure 20
Australia’s States & Territories and 5G Infrastructure 22
5G Readiness Reforms in the USA & UK 25
Best Practice State & Territory Regulation
for 5G Infrastructure 27
est Practice Planning Regulation for
B
Telecommunications Network Infrastructure 27
est Practice ‘Tenure’ Regulation for
B
Telecommunications Network Infrastructure 28
Leading Practice Model for Development Assessment 30
State and Territory 5G Infrastructure
Readiness Assessment 34
New South Wales 35
Australian Capital Territory 41
Queensland 43
Victoria 49
Tasmania 55
Western Australia 59
South Australia 63
Northern Territory 67
Conclusion and Summary of Recommendations 69
Summary of Recommendations 70
References 72
4 5
Executive Summary
The time has never been better approval from local government. After a thorough analysis by AMTA
for Australia’s State and Territory This means navigating the planning and its members, the assessment for
Governments to review and and tenure regulations framed each State and Territory includes:
recalibrate their policy settings by the various State and Territory • National ‘Best Practice’
and planning rules to cater for Governments. elements of that State or
improved mobile connectivity and Territory;
deployment of new 5th Generation AMTA’s recommendations for • Each ‘Reform Opportunity’
(5G) telecommunications network State and Territory governments in that State or Territory;
infrastructure. are grounded in best regulatory and,
practice and have been guided • ‘Recommendations’ to
As the peak industry body by the Development Assessment improve 5G infrastructure
and voice of Australia’s mobile Forum ‘Leading Practice Model regulatory ‘readiness’ in
telecommunications industry, one for Development Assessment’ that State or Territory.
of AMTA’s top priorities is the need endorsed by the Council of Australian
to ensure the timely, efficient and Governments; (COAG) Business This 5G Infrastructure State
effective deployment of 5G mobile Advisory Forum. Territory Readiness Assessment
technology. has highlighted best practice across
When it comes to carriers Australia and has given credit
Investment in 5G and delivery of securing land tenure, the central where it is due. It has also sought to
improved speed, capacity and requirement is found in the non- highlight and document a series of
latency has the potential to support discrimination requirements of 21 recommendations based upon
economic recovery, provide the Telecommunications Act 1997, models for best practice regulation
substantial benefits to business and which requires that states, territories for which reform is also necessary.
consumers, enable remote work and and local governments should not These are summarised in the
education, support critical utilities commercially ‘discriminate’ against following diagram.
and ultimately contribute to carbon telecommunications infrastructure in
reduction. their laws. The three mobile carriers deploying
4G and emerging 5G networks
Australia’s state, territory and some AMTA acknowledges the important including Telstra, Optus and
local governments are increasingly objectives of State and Territory Vodafone are seeking objective, clear
turning to smart city or smart region Planning systems to minimise and non-discriminatory planning
strategies as a means to solve the visual impact of network policies, rules and regulations that
problems and improve the lives of infrastructure, and to strike a balance strike a balance between provision
their residents. 5G will increasingly to provide for a net-community of essential telecommunications
become a technology that enables benefit. services and minimising impact.
smart cities and smart regions.
Together with its members, AMTA The industry is already building
Whilst much of Australia’s has reviewed and assessed the the first 5G networks, with critical
Telecommunications infrastructure current regulatory frameworks of investment decisions being made
is established using Federal ‘Low- each of Australia’s eight State and now and in the very near future.
impact’ exemptions, there is a Territory Governments, and by
substantial proportion that requires extension local governments. It is imperative that there is certainty AMTA and its members look forward to working with all levels
around the ability to deploy the
requisite infrastructure to provide 5G. of Government so that Australians can realise the economic,
social and environmental advances that can be enabled via
existing 4G and emerging 5G mobile networks.
6 7
5G 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.
8 9
What should
State & Territory
Background & Purpose governments
do to achieve
Australia consistently ranks
amongst the top-tier of best
performing countries for
During 2019/20, Australia’s drought,
bushfire and covid-19 pandemic
response has highlighted the ever-
The process for ‘planning approval’,
which is interchangeable with terms
including ‘development approval’ or
5G deployment
mobile broadband speeds,
and this is in no small part a
increasing reliance on quality mobile
connectivity for a wide range of uses.
Most Australians are now acutely
‘development consent’ is different in
each state and territory, and is given
effect by Acts of each State Parliament,
readiness?
result of ongoing innovation, aware of the level of broadband and regulations, codes and planning
competition and investment mobile connectivity and service schemes which tend to include both
available where they live and work. state-wide and local council planning
in network infrastructure by
During the covid-19 pandemic, the scheme provisions.
Australia’s licensed mobile level of demand for mobile networks
carriers. has spiked, and as people spent more When it comes to securing “the go The next sections of The report then reviews and assesses AMTA has prepared this report to
time online at home, network traffic ahead” to build towers, poles, antennas this report outline and the current regulatory frameworks promote discussion, action and
With the right policy settings at federal, loads shifted geographically from city and other network infrastructure, of each Australian State and Territory ultimately 5G deployment readiness
state/territory and local government distinguish between the and by extension local governments
centres and office areas to suburban mobile telecommunications is by Australia’s State and Territory
level, Australia’s mobile carriers can residential areas2. This amplified the somewhat unique, insofar as some powers and immunities (or as a legislated instrument of the Governments and councils.
continue to deliver this investment present and ongoing challenges of it is exempt from council planning ‘exemptions’) from State States & Territories, and determines
in quality next generation mobile associated with ensuring quality approval due to federal exemptions, & Territory Planning laws how these frameworks align with
networks – including new towers network service in residential areas some of it requires council approval provided by the Federal best regulatory practice. After a
for wide area coverage, small smart during peak times of the day. due to state planning rules, and some thorough analysis by AMTA and its
poles and small cells for localised Government, and the members, the analysis for each State
is exempt from council approval due
service and all of the antennas and And just like council development to state planning rules. In short, all planning (development and Territory includes:
technology that connects smart approval is required for some new three levels of government have a role assessment) requirements • National ‘Best Practice’
phones, sensors, machines, cars and homes, apartments, office buildings which presents significant regulatory of Australia’s state and elements of that State or
the ‘internet of things’. and commercial premises, so too it is complexity. territory governments. Territory;
required for a substantial number of Each ‘Reform Opportunity’ in
It then examines State and •
our new telecommunications network AMTA and Australia’s three mobile that State or Territory
infrastructure, including for 5G when carriers deploying 5G networks Territory regulatory best
• Several ‘Recommendations’
new structures are established. including Telstra, Optus and Vodafone practice with an outline to improve 5G infrastructure
are seeking objective, clear and of the highly regarded regulatory ‘readiness’ in that
non-discriminatory planning ‘Leading Practice Model for State or Territory
policies, rules and regulations that
Development Assessment’.
strike a balance between provision
of essential telecommunications The on-going evolution of services,
Importantly for context, we also which at the moment are focussed
services (including ongoing 4G and
outline the not well understood non- around the roll-out of 5G, requires
emerging 5G), and minimising impact.
discrimination requirements of the a nimble and responsive policy
Telecommunications Act 1997 as they regime and regulatory framework
The industry is already well
relate to state and territory planning that recognises the essential nature
advanced in building the first 5G
systems for telecommunications, and of mobile telecommunications
networks, with critical investment
terms for tenure on government land. infrastructure and the on-going
decisions being made now and in
In short, the Telecommunications improvements to technology which
the very near future. It is imperative
Act requires that states, territories allow new ways for services to
that there is certainty around the
and local governments should be delivered.
ability to deploy the requisite
not ‘discriminate’ against
infrastructure to provide 5G, so
telecommunications infrastructure
the benefits can be realised
in their laws.
across Australia.
10 11
The importance
of 5G to Australia
The establishment of 5G network Carbon Reduction
infrastructure is not an end point – rather it 5G’s most important contribution
is the beginning of exciting possibilities with to energy efficiency may come
the introduction of substantially improved from enabling users and especially
reliability, latency, throughput and speeds the 5G-driven ‘Internet of Things’
across our mobile networks. to contribute to a net-reduction in
carbon emissions.
Environmentalists and policy
think tanks alike believe that smart
More than ever, all forms of wirelessly connected appliances,
communications networks factories, cities and transportation
including mobile networks are $ grids will be able to optimize and
viewed as essential, particularly reduce their power consumption.
when Australians are working The end result will be lower costs and
remotely during the covid-19 a meaningful contribution to global
pandemic. 5G infrastructure and efforts to mitigate climate change.
services offer opportunities including Economy
for Australia’s economy, consumers, A detailed analysis sector by sector,
Consumers
utilities and carbon reduction. As we emerge from the pandemic, Enhancing Australia’s Utilities confirms that ICT (including 5G) has
the foundation for a successful a substantial potential to mitigate
Consumers are embracing
recovery in coming months and Because 5G is an ‘enabling’ climate change, with indications that
technology in the mobile ecosystem.
years will be rebuilding our local technology, critical infrastructure total Greenhouse Gas emissions
Recent research points to the potential
economies as quickly as possible, and resilience increasingly recognises could be reduced by as much as 15%
of 5G for consumers4 with a key
mobile networks are key to enabling Remote work and education the interdependencies between by 2030.6
finding that data usage for one in five
technology for all other sectors of the telecommunications and other
users could reach more than 160GB
economy. For example, for every 5G’s bigger bandwidth, lower essential infrastructure for utilities
per month on a 5G device by 2025.
FTE role employed in the mobile latency and faster speed will remove such as water, power, manufacturing
industry there are 3.7 employed remaining impediments to working, and transportation networks. 5G and
Australian consumers expect 5G to
collaborating, studying and attending
“the productivity in flow-on industries.3
provide relief from urban network
classes remotely.
IoT will promote the use of sensors,
automation and precise machine
congestion in the near term -
benefits of mobile According to the Deloitte Access
especially in Australia’s bigger cities,
control for monitoring equipment
Economics Report’ Mobile Whether working from home, in the and processes virtually, delivering
telecommunications Nation – the 5G Future’, the
where nearly half (47%) of smartphone
field, whilst travelling or in the office, significant benefits for Australia’s
users report facing network issues in
will be worth productivity benefits of mobile
crowded areas - and to create new
5G will allow for virtual meetings and utilities.
telecommunications will be worth the collection, retrieval and sharing of
$65 billion $65 billion to the Australian economy
by 2023 – equivalent to 3.1% of GDP.
home broadband choices.5
Current 4G usage patterns are not
data rich material with ease. From smart power grids to
connected cars that autonomously
As we emerge from the height of traverse streets, massive amounts
to the Australian indicative of future usage behaviours.
the Covid-19 pandemic, people are of mobile broadband data will be
Video consumption is set to rise
economy by 2023” significantly with 5G. Australian
acutely aware of the need for quality required. A heterogeneous network
mobile connectivity, which will go of technologies underpinned by 5G
consumers expect to not only stream
hand-in-hand with advances in edge will be required to meet the challenge
video in higher resolutions but also
computing and cloud-based storage. of providing enough coverage and
use immersive video formats such as
capacity to power these advances.
Augmented Reality (AR) and Virtual
The contribution of 5G to remote
Reality (VR), resulting in an additional
work and education will have a
two hours of video content being
significant impact on the livelihood
watched weekly on mobile devices by
and competitiveness of Australia’s
users in the 5G future when they are
regions and closing the digital divide.
out and about, including half an hour
wearing AR glasses or VR headsets.
12 13
Phases of 5G infrastructure
Governments embracing the deployment in Australia
benefits of 5G Infrastructure It will take several years for Australia to migrate from 4G to 5G. This section
summarises three phases of this transition, with indications of the likely form of
infrastructure required in each phase and the corresponding regulatory response in
each case.
Australia’s state, territory and some local governments are increasingly
turning to smart city or smart region strategies as a means to solve
problems and improve the lives of their residents.
PHASES OF 5G DEPLOYMENT IN AUSTRALIA
Rather than starting with the The ability to compare progress In addition, the Australian Smart
technology, the public sector is between municipalities and learn Communities Association, has
designing solutions to improve the lessons from the successes or costly drafted ‘Common Principles
human experience. Communications delays of others may generate and Recommendations for the
networks, sensors and IoT are then constructive cooperation between Efficient, Unified and Community
drafted and applied as cities and carriers to become Viable Rollout of Next Generation Phase 2:
Phase 1: Phase 3:
enabling solutions. more efficient when deploying Mobile and Wireless (5G & LPWAN) Launch and 5G Consolidation 5G
4G 5G network
5G infrastructure. Cities that Infrastructure’.9 co-existence of 5G and maturity
During 2020, state and local provide accelerated and lower- with 4G small cells
governments in places such as cost mechanisms for wireless Further acknowledgement of 5G’s role
Western Sydney, South-East infrastructure deployment are likely as a ‘key enabler’ in Smart Cities has
Queensland and central to get rewarded by providing their been identified by Standards Australia,
Melbourne were examining the residents and businesses access to with the launch of its Smart Cities
use of 5G technology as a means game-changing 5G services faster Standards Roadmap in August 2020. Phase 1: Launch and 5G
to enable smart solutions for than cities that fail to address costly This includes the establishment of a co-existence with 4G
their communities. Whilst these or unreasonable delays.”7 national 5G standards development
Governments are proceeding to sub-committee of the Smart Cities In this first phase of deployment in good coverage and mobility. This will necessitate lengthy
examine all facets of deployment, Speed of the processes for ‘Strategic Advisory Committee’, to Australia, 5G will primarily coexist In this scenario, carriers are approvals from councils, if no suitable
regulation, governance and use of Councils to approve 5G contribute to the development of with 4G. This includes the addition of essentially utilising Federal exemptions are available.
5G technology, it is increasingly the infrastructure is central. The 5G related standards and support 5G antennas and ancillary equipment exemptions pursuant to the
economic imperative of being an Australia New Zealand Smart Cities 5G infrastructure deployment for at existing ‘macro’ 4G facilities on Telecommunications (Low-
early mover to 5G that appears to Council has produced a Smart Smart Cities. towers, poles and rooftops. These impact facilities) Determination
be the primary catalyst. Cities Readiness Guide. When it deployments are usually referred to co-locate antennas in this initial
comes to the infrastructure for to as non-stand-alone (NSA)10. This phase. However, some standalone
The potential economic benefits of 5G the Guide recommends that NSA co-location of 5G antennas onto Telecommunications poles are
5G will soon become a differentiator Governments “seriously consider existing 4G facilities typically in high reaching their structural capacity and
for cities looking to attract businesses siting ordinances that shorten traffic areas of the inner city and may need to be replaced in order to
and residents. and/or simplify time-consuming regional centres, and the use of lower achieve co-location of 5G.
review processes.”8 and mid-band spectrum will allow for
14 15
Phase 2: Consolidation of 5G
and small cells
Phase 3: 5G network
In the second phase, as 5G networks maturity
mature and higher spectrum bands
(referred to as “mm Wave”) become In the third phase, when 5G
available in Australia from 2021, 5G reaches full maturity and
will continue to be co-located on demand is fully utilising and
existing 4G sites. in balance with capacity of
the technology, we expect to
In addition, 5G will also be deployed see operators deploy stand-
in mm Wave frequencies, meaning alone (SA) 5G in low, mid and
that 5G cell coverage areas will high (mm Wave) bands. This
typically be smaller than those of will require new macro base
4G. Carriers will need to deploy 5G in stations and new small cells,
this way to gain the significant new Many hundreds of small cells The challenges of deploying 5G with many requiring council
capacity in high demand areas and associated with 4G networks have small cells is complex and requires approval.
extremely high speeds that the mm already been deployed across local government collaboration.
Wave spectrum provides. As the 5G Australia to boost depth of mobile This is neatly summed up by SA 5G deployments will also Co-location and Site Sharing
coverage area will be geographically coverage and provide capacity, Accenture Strategy in its publication be used for new use cases,
smaller, some new sites will be mainly in built up areas including ‘Smart Cities – How 5G can help such as private or enterprise For the successful delivery of 5G However, sharing ‘active’
needed in between existing 4G sites central business districts and sports Municipalities Become Vibrant networks and industrial IoT, in networks, ‘co-location’, site sharing infrastructure such as electronics
to achieve contiguous coverage. stadiums. This is evident when Smart Cities.’ “While the benefits of ‘self-contained’ factory, hospital and co-operation between the including radio transmitters and
These will typically take the form searching within these localities pervasive small-cell 5G technology or campus environments.13 It carriers will be required across all antennas, has a range of technical
of ‘small cells’, whereby 5G mobile utilising the Australian mobile are highly significant, the real-world is in this phase, if not before, three phases of deployment. and economic constraints.
antennas are typically attached to industry’s publicly accessible logistics of deploying small cells on that 5G telecommunications
existing infrastructure, such as utility database called the ‘Radio-frequency a large scale must also address the infrastructure will be There is a well-established industry Nevertheless, the Australian industry
poles, streetlights, traffic lights, and National Site Archive or “RFNSA” at cost, complexity and time involved undoubtedly recognised practice and process for carriers to continues to explore the potential for
sides of buildings. They may also be www.rfnsa.com.au in deployment. Many municipalities as essential, and its share ‘passive’ infrastructure such as ‘Open Radio Access Networks’ (Open
established on new small continue to rely on regulations and omnipresence well accepted. towers, poles, buildings and housings. RAN) that provides for interoperability
‘smart poles’. A search for ‘Melbourne’, and ‘Nearby processes that were created to That is, where carriers co-locate their and sharing of open hardware,
Sites’ in the map function will show a handle the rollout of existing and At least in the initial phases, antennas onto a single structure. software, and interfaces for
Small cells typically have a range large number of existing small cells previous wireless technologies, but 4G networks will continue Despite misconceptions from state, mobile networks.
out to several hundred metres. located in the “Road Reserve” within which are likely to be inadequate to be utilised in parallel territory and local government, the
Small cells will be a feature of 5G the Central Business District. for the rollout of 5G technology. The and be interoperable industry achieves high levels of ‘co- As we move to deploying small cells,
networks particularly where the new challenges in this area are threefold: with 5G and new towers, location’. precise placement is critical for them
relatively high mm Wave frequencies We are also seeing small cell local permitting and regulations; monopoles and co-located to be effective. It will be rare that the
which have short wavelengths are deployments being utilised in too access to public rights of way; and fee 4G facilities will continue to AMTA members expect sharing of needs of all carriers align for any
deployed. The signal is excellent difficult to cover suburban locations structures” 12. be deployed. Therefore, the passive infrastructure to continue small cell to a sufficient extent for
but doesn’t travel far, so more small where macro type facilities have been recommendations of this on throughout the 5G era where it sharing the small cell to be viable.
cells will be deployed, but they’ll unable to deployed. Prior to this phase, it is incumbent Readiness Assessment apply is technically feasible (e.g., physical The factors requiring precise small
be sending out less power than upon all levels of government, the equally to 4G as they do to space, wind-loading of the structure, cell site placement include amount
today’s 4G systems. As the Australian In this second phase, whilst industry and the community to emerging 5G infrastructure. matching equipment rack types, etc) and geographic focus of customer
Communications and Media carriers will be able to utilise work towards understanding what and this makes economic sense to demand and location of surrounding
Authority explains “5G base stations Federal exemptions found in the constitutes a balanced outcome do so. network elements (macros and other
can also go into ‘sleep mode’ when Telecommunications (Low-impact in terms of providing quality and small cells) and these are unique to
they are not in use. This means their facilities) Determination, this will not cost effective 5G service, as well as State, territory and local each carrier.
power output and EME emissions will always be possible as these sites may minimising negative impact on government planning rules
be lower than 4G base stations”.11 be within “Areas of Environmental visual amenity. can play a significant part in The visual impact of co-locating
Significance” (including incentivising carriers to co-locate. multiple small cells on a single
Environmental or Heritage protected) For example, allowing exemptions structure should also be carefully
which may preclude the use of the for the extension or swapping out considered when determining the
exemptions within the Determination. of existing towers or poles for a best method of deployment and
In addition, suitable existing utility stronger and moderately higher mitigating impacts in a locality. There
poles may not exist in the area to structure to enable the addition of is scope for coordination with local
be serviced. The carriers will need co-located antennas can negate councils in relation to the best siting
to secure approval, navigating the the need for an additional stand- solutions, whether these involve
uncertainty of state, territory and alone structure. co-located or standalone small cells.
local government planning rules.
16 17
Creating Planning
Regulations for
5G Infrastructure
Minimising impact on amenity The need for non-discriminatory
from 5G infrastructure and objective planning rules
The purpose of each state and The ‘amenity’ of a neighbourhood Thankfully, in some states, territories
territory planning system as it relates or streetscape is a ‘wide ranging’ and council areas, government
to telecommunications network and flexible concept.14 Some aspects has determined where the balance
deployment is generally two-fold. are ‘practical and tangible such as is achieved in their prescriptive
Firstly, government is seeking traffic generation, noise, nuisance, planning rules between the
to promote the development of appearance and even the way of positive service-based aspects and
network infrastructure due to social life of the neighbourhood … but minimising impact on amenity.
and economic benefits, which has others are more elusive such as the To avoid subjectively assessing
been outlined in earlier sections of standard or class [or reasonable every proposal, this is ‘codified’ into
this report. Secondly, the other side expectations] of the neighbourhood’ planning rules including performance
of the equation involves government 15
. But when it comes to the addition criteria such as the maximum
seeking to minimise the negative of 5G equipment in a streetscape height or setback distance of the
impact on ‘amenity’ from 5G or on a building, it is its visibility telecommunications infrastructure
infrastructure. which is often the focus. Importantly, from site boundaries and protection
‘visual change’ with the addition of of view-lines. Recognition of the essential role of
Commenting on this dual objective antennas and other equipment does telecommunications networks
in its submission to the Federal not always equate to a negative or In attempting to achieve the
Parliamentary 5G Inquiry the detrimental change. objectives of the planning system in If we are to realise the economic unviable in some areas, and also At that time, due to less demand,
Australian Local Government a state or local area this approach is benefits and enable smart outcomes discourages other utilities from mobiles were not considered to be an
Association (ALGA) states “While When combined, government will desirable as the rules are clear and built on 5G infrastructure, much will cooperating with mobile carriers to essential or critical utility service. The
ALGA supports the rollout of modern assess and balance these often- not subject to sometimes vague depend on how robustly 5G networks coordinate the sharing siting of mobile infrastructure was
telecommunications infrastructure to competing aspects to determine if discretion when a permit application are deployed locally, and how we can of infrastructure. able to be established in industrial or
improve the lifestyles, environment a net-community benefit has been is being assessed by a council. This is apply new regulatory approaches commercial zoned areas, but this is
and economy of cities and towns, achieved as a result of a proposal. consistent with the Leading Practice from those used in the past. So, AMTA and its members are not just not possible now or into future as
it needs to be balanced with Achieving a net-community Model for Development Assessment, seeking a regulatory break that is 5G infrastructure needs to be in areas
proper process to ensure structural benefit places an emphasis on which is discussed later. As outlined above, 5G networks have disproportionate or inflated from the of demand which is increasingly
integrity, safety, urban design, and ensuring that an area is provided the potential to be a key input into the rights of other utilities or from the where people access network
visual amenity is retained and with comprehensive, ubiquitous This approach incentivises carriers 4th industrial revolution. 5G services importance of 5G services. services in residential areas.
visual interference (e.g., along road communication and digital network to establish network infrastructure will be as critical as power, gas and
corridors) is minimised”. services, particularly where this without the need for formal approval water. Indeed, communications is Rather, some of today’s state and In addition, the rules need to be
infrastructure will add to social well- if reasonable requirements for siting commonly regarded as the fourth territory planning policies for updated to reflect the essential nature
being and economic growth, whilst and design are met. The desired utility. However, when it comes to telecommunications had their of the infrastructure, and to ensure
seeking to minimise impact as much as policy goal has been determined, and state and territory planning rules genesis twenty years ago, when they are written to reflect planning
possible within the context of the policy makers have developed the mobile industry does generally mobiles were considered an best practice.
the area. 16 often prescriptive ‘exempt’ or not have the same rights as utility optional accessory, when small
‘complying development’ controls. companies to deploy assets in a cells were seldom deployed, and
Such an approach has successfully timely and cost-effective manner less than half of all Australians had
been introduced in New South Wales with similar planning exemptions. a mobile subscription.
“‘Visual change’ with the addition of antennas and and Victoria, and to a lesser degree The industry is concerned that
other equipment does not always equate to a and inconsistently in Queensland. continuation of this approach risks
In some cases, it has also been making 5G networks commercially
negative or detrimental change” introduced into Council policies, such
as in Mandurah, Western Australia.
18 19Regulatory
Responsibilities for
5G Infrastructure
The Federal Government
Federal role in safety of
and 5G Infrastructure 5G Radio-Frequency Energy
The legislative authority to control
radiofrequency (RF) exposures
from radiocommunications
facilities derives from the Federal
Legislative Framework Federal Regulatory Framework Radiocommunications Act 1992,
for Tenure and the applicable limits are set
The power to regulate and control For mobile telecommunications, the out in the ARPANSA Standard for
telecommunications in Australia Determination deals primarily with When it comes to securing Limiting Exposure to Radiofrequency
is vested in the Commonwealth the mounting of antennas on existing land access and tenure there is Fields – 100 KHz to 300 GHz
through Section 51 of the Australian buildings and structures, as well as Federal requirements for Federal requirements for a misconception that carriers (RPS S-1). The limits are based
Constitution. During the 1990’s, co-location and the placement of Co-location Notification & Consultation have rights to install all types of on the recommendations of the
when mobile carriers began their ground-based equipment. telecommunications infrastructure, International Commission for
1st and 2nd generation rollouts It sets out in a schedule the physical Australia’s mobile carriers have From 2002 notification and without approval or tenure. But this Non-Ionizing Radiation Protection
they were aided by a range of and locational characteristics which worked cooperatively for more consultation was required for only applies to ‘low-impact’ facilities (ICNIRP).
exemptions and powers afforded by must be complied with to enable a than two decades to comply with telecommunications facilities that – that is, facilities specified in the
the Commonwealth. This allowed carrier to deem a facility ‘low impact’. government policy to co-locate, were either ‘low impact’ or did not Telecommunications (Low-impact When it comes to demonstrating
the carriers to establish a network and in doing so have achieved high require Development Approval facilities) Determination 2018. compliance with safety standards,
without the need for state and For more than 20 years, the levels of site sharing and co-location pursuant to state and territory Australian industry systems are
territory approvals, and this extended Determination and its successive of antennas on towers, rooftops rules. It is a Carrier license condition The mobile carriers must follow the world leading and offer unparalleled
to the construction of structures such amendments have been an effective and other structures. Whilst this has that they must comply with a rules in the Telecommunications Act transparency. Carriers must prepare
as monopoles and lattice towers. instrument, striking a balance been the carriers’ preference, it is mandatory consultation code (the 1997 when they seek to install these an Environmental EME Report in a
between expediting the deployment also mandated within the Federal ‘Code’) produced through the ‘low-impact’ facilities. If a licensed format approved by the ARPANSA
With the arrival of the of network infrastructure and Telecommunications Code of Communications Alliance processes telecommunications carrier follows and these are uploaded onto the
Telecommunications Act 1997, minimising visual impact. There Practice 2018 17 , which requires that and titled “C564:2020 Mobile Phone the rules in the Act, it can enter onto publicly accessible Radio Frequency
the Commonwealth limited the is no better example of this than each carrier must take all reasonable Base Station Deployment”. land to: inspect the land, install a low- National Site Archive (www.rfnsa.com.
exemptions and powers available the high levels of co-location and steps to use existing facilities. impact facility, and maintain a facility. au). The Report shows calculated
to the carriers and permitted only site sharing between the carriers, Amongst several obligations, Whilst it should not be mistaken EME levels and compliance with the
‘low-impact facilities’ to be deployed which is required and encouraged This has negated the need for the the Code requires a consultation with the notification required by the Standard for each and every facility,
without scrutiny of State and by the Determination and establishment of many more towers strategy be devised for a new Deployment Code outlined above, including additions to that facility.
Territory laws and Council approval. Telecommunications Code. in Australia than would otherwise telecommunications facility, with Schedule 3 of the Act requires notice
These exemptions were enshrined exist. In short, it makes good sense for council input, and it is then executed to be supplied by the carrier to access
in the Telecommunications (Low- carriers to co-locate because it saves by the carrier or its representative. land.
Impact Facilities) Determination money, time and often minimises
1997 (the Determination), which was community angst. But this cannot be The consultation is undertaken to Whilst licenced carriers have some
amended in 1999, 2018 and 2020. at the expense of coverage, quality ensure that community stakeholders powers to occupy land and install
and continuity of service and health have an opportunity to obtain telecommunications facilities for
and safety, so there will often be the information and engage with the mobile base stations there is a clear
need for new freestanding facilities carrier or its representative. The preference to enter into commercial
for new services such as 5G. consultation is mandatory and where agreements.
triggered it is regulated by the ACMA.
20 21Regulatory
Responsibilities for 5G THREE APPROVAL PATHWAYS
The proposed Telecommunications Facility will fall into one of three categories
Infrastructure
Australia’s States & Territories 1 2 3
and 5G Infrastructure
‘Low Impact’ Facilities Permit Exempt or Development Approval
Complying Required
Telecommunications
Facilities exempt from State, Territory or Telecommunications Facilities
Council Approval due to Local exemptions which require Development
Legislative Framework Approval, including detailed
the Telecommunications Telecommunications Facilities
assessment against subjective
Following deregulation by the development approval, subject to This type of framework has proven (Low-impact Facilities) which meet the performance
planning policy and criteria.
Commonwealth in 1997, several strict performance criteria including effective and provided greater Determination 2018. criteria and/or requirements
States recognised that it would health and amenity considerations. certainty to carriers. The diagram on of a State or Territoy Code, Notification/Consultation
Notification/Consultation Regulation, or Planning typically in accordance with
not be appropriate for all new the right outlines this arrangement. pursuant to ‘C564 Mobile
telecommunications facilities which Importantly, planning instruments Scheme. State/Territory Planning
Phone Base Station Legislation and Council
were not ‘low impact facilities’ to like the Victorian Code and Some states however do not provide Deployment Code’. Notification/Consultation Requirements.
be caught by the full force of the the New South Wales ISEPP such an arrangement and do not pursuant to ‘C564 Mobile
planning system. Victoria moved recognise critical nature of the provide this “middle” way, and they Phone Base Station
first when in 1999 it adopted “A Code infrastructure, and that this require development approval for Deployment Code’.
of Practice for Telecommunications infrastructure should be dealt with all forms of telecommunications
Facilities in Victoria”. in the same or similar manner as development, unless a proposal is
other critical utility infrastructure a Low-impact facility.
Other States implemented like that for water and electricity.
codes or policies at a State level They are designed to ensure there The end result is: This Readiness
Assessment promotes
so as to enable certain forms of is a consistent approach and • Unnecessary regulation of and best practice planning
Telecommunications facilities, regulation state-wide, rather than delay in the deployment of regulation that seeks to
shift more assessment into
including NSW’s Infrastructure State allowing councils to adopt their own critical infrastructure’; the Permit Exempt or
Environmental Planning Policy varying regulations and policies. • Inconsistent policies, regulation Complying Pathway.
(ISEPP), which was accompanied by They also recognise that subject to and performance criteria
the Telecommunications Guideline. relevant performance criteria, there between different council areas
are telecommunications facilities when the infrastructure required
The ISEPP allows outside those defined Federally as is ubiquitous and essential; and,
telecommunications infrastructure ‘low impact’ which don’t need to • Critical/essential infrastructure APPROVAL
that would otherwise require be the subject of the development being zoned out of particular
development approval to be either assessment process. localities
exempt from planning approval, or be
able to receive a ten-day complying
22 235G Readiness Reforms
Safety of 5G Radio-Frequency State & Territory Regulatory
Emissions - State & Territory role Framework for Tenure
– USA & UK Examples
What are the states, territories and What are the states, territories and
local government responsibilities local government responsibilities
when it comes to safety of 5G when it comes to carriers securing
Radio-Frequency Energy? tenure (usually a lease or license)
to establish telecommunications
State and territory governments facilities?
With all three Australian carriers having now launched commercial
are responsible for implementing, 5G services, Australia is amongst a leading group of nations seeking to
regulating and enforcing Work, Whilst the carriers will often relegate realise the economic benefits this brings. For State, Regional and local
Health and Safety laws in their the use of Crown and Council owned governments in these nations, 5G will soon become a differentiator
jurisdictions. In relation to Radio land in favour of freehold land due to to attract businesses and residents. It is no surprise then that many of
Frequency EME, this can extend to the additional time to finalise tenure
ensuring that the work environment on the Crown and Council land, it
these governments are seeking to create a regulatory environment for
is safe for workers carrying out can still make sense when a good deployment that is conducive to investment.
work, at or close to base stations, site is found from either a planning
buildings or other facilities with radio perspective (due to good visual and
transmitting antennas. physical separation from dwellings),
or if such a site is required for efficient United States
In some states and territories, network coverage.
councils that are assessing To-date in the United States, 29 States The state has facilitated the launch Equally impressive are early
development applications for 4G and Authorisation to use, access and have successfully enacted legislation of private cellular projects through initiatives to support 5G deployment
5G infrastructure seek confirmation occupy Crown land in each State is to modernise and streamline state “batch permitting,” or approving in New York City. In early 2020,
from the carrier that when it is generally subject to requirements rules for small cell deployment. multiple projects under a single the New York City Department
operational, the facility is designed and processes contained in an This legislation allows for expedited application. The state will also of Information Technology and
to operate and comply with the Act of State Parliament, ensuring deployment of small cells in the establish “shot clocks” — essentially Telecommunications approved 10
ARPANSA safety standards. that the Crown land is used in a public right-of-way (streets) in a shorter timelines — on smaller cell franchise agreements with several
manner consistent with certain land responsible and sustainable manner. service projects on state land, rights companies to install 5G equipment
It is not open to a council, a planning management practices. Tenure is These carefully crafted and balanced of way and high priority corridors. on streetlamps and some traffic-
court or a tribunal to pioneer new often negotiated with the relevant laws reflect the innovative changes in light poles. With nearly 6,000 pole
standards of its own on the basis State Department, and approved technology for the deployment of 5G. Lastly, the state will look to advance installations, with 5,000 more in the
of health concerns associated with by the Minister. The process to legislation that will standardize pipeline, each franchisee gets access
electromagnetic energy. 18 A Council obtain approval to occupy Crown For example, in January 2020 in permitting for the installation of to a number of poles, and that access
is obliged to have regard to relevant Land is generally observed as time New York State, Governor Andrew small cell technology on municipal is exclusive — they don’t have to share
regulatory standards as it finds them, consuming and inefficient, delaying Cuomo outlined a proposal to infrastructure. with the other wireless infrastructure
and the creation of new standards the establishment of new facilities. improve cell service in the State of franchisees.
is a matter for other authorities. In Council owned land is equally New York. The Governor’s new plan
addition, state and territory discretion problematic. includes appointing a project director
in the planning system does not from Empire State Development,
extend to the establishment of For both Crown and Council the state’s economic development
planning based-exclusion zones owned land it is often necessary agency, who will begin by focusing on
designed to separate a proposed to undertake two separate 1,950 miles of major roadways across
facility from perceived ‘sensitive’ land and sequential environmental the state that need more robust
uses such as schools. Finally, calls for assessments and community wireless coverage.
precautionary measures in addition consultations. The first to determine
to the standards are not required, whether granting a lease would be
as the standards already adopt a appropriate and whether owner’s
precautionary approach, including consent should be provided allowing
significant safety margins. the Carrier to lodge a development
application, and the second in relation
to that development application.
This adds considerably to the cost of
and the delay in deployment. There
is no reason why the two processes
could not be combined with the right
regulatory changes.
24 255G Readiness Reforms
– USA & UK Examples
United Kingdom
In the UK the government has The reforms will provide greater
recently confirmed it will push ahead consistency across England’s
with its plans to reform planning laws regions and allow:
to make it easier for industry to share • New masts to be built taller, • Building-based masts to be placed
and upgrade mobile phone masts. subject to prior approval by the nearer to highways to support
This will speed up the rollout of 5G planning authority, to deliver better mobile coverage of the UK’s
and improve 4G coverage in rural better coverage and allow road networks, subject to prior
areas. This is largely in response to more mobile operators to place approval
the “Speed up Britain” campaign , an equipment on them • Cabinets containing radio
industry driven effort to expedite • Existing phone masts to be equipment to be deployed
5G infrastructure. strengthened without prior alongside masts, without prior
approval, so that they can be approval, to support new 5G
Following public consultation, the upgraded for 5G and shared networks
government has announced it is between mobile operators
taking forward proposals to simplify
planning rules to speed up 5G
rollout and improve rural mobile
coverage. The reforms to permitted
development rights to support
the deployment of 5G and extend
mobile coverage in England will allow
Best Practice State &
Territory Regulation
mobile network providers to put
more equipment than they currently
can on phone masts, making it
for 5G Infrastructure
easier to share masts and increase
mobile coverage areas. This will help
maximise the use of existing mast
sites and minimise the need to build
more infrastructure.
Best Practice Planning Regulation
for Telecommunications Network
Infrastructure
Where it has been determined that a ‘Development Approval’ is a term
facility is not a ‘Low-impact” facility as that can be referred to as ‘Planning
per the Federal Telecommunications Approval’ or ‘Planning Consent’ in
(Low-impact Facilities) Determination, some jurisdictions. The Assessment
the process for a carrier to deploy a tracks for securing approval can
Telecommunications Facility broadly take many forms, as identified in
requires the need to: the Leading Practice Model for
1. Secure Development Development Assessment, which
Approval to allow use of land is further discussed below. In some
and development of the jurisdictions a “Building” Permit
infrastructure; and, can also be required, but this is not
2. Secure a lease, license or ‘tenure’ generally a point of contention and is
to allow a carrier to establish a not discussed in this report.
facility on the site.
26 27You can also read
