The Aussies enforce fiber for new builds

The Bill will apply whether the real estate development project is intended to 

establish building lots, or building units, or both, for either sale or lease.  The fibre 

connection requirement will not apply to lines that are not intended to provide a 

carriage service to the public (e.g. it will not apply to private networks) or that are not 

wholly or primarily for use by an end-user at the end user’s premises (e.g. it will not 

apply to a line connecting to a mobile phone tower).

To ensure that carriers are able to gain access to the fibre-ready facilities installed in 

accordance with the fibre-ready infrastructure requirement, the Bill provides for the 

establishment in later regulations of an access regime that would require third party 

access to those facilities to be given. 

And they take this to its logical consequence:

…..the Minister could determine that for a duct to be a “

fibre-ready facility”, it must have a minimum internal diameter (with a view to e

nabling the quick and efficient installation of fibre at a later date).

Installation in developments that are specified by the Minister of lines that are not o

ptical fibre or of facilities that are not fibre-ready would be subject to civil penalty p

rovisions under the Act. The enforcement regime will apply to both carriers and 

on-carriers, consistent with application of the Act. 

The Bill also amends Part 6 of the Act, which deals with industry codes and 

standards, to more readily enable the development of industry codes and standards 

relating to fibre optic lines and related facilities, and to give further examples of the 

types of topics which industry codes or standards might cover. In addition to 

providing necessary guidance on relevant technical matters, these measures respond 

to calls from stakeholders for such guidance to promote nationally consistent network 

and service outcomes.