Radiocommunication Co-location

On 7 December 2006 the Commerce Commission approved the Radiocommunication Co-location Code and Master Service Agreement submitted to the Commerce Commission in late September 2006.

In giving their approval the Commission noted that the revised Code, which includes a Master Co-location Agreement, now covers virtually identical matters to those covered in the Australian Competition and Consumer Commission’s code, and that arguably the Telecommunications Carriers Forum (TCF) Code is more comprehensive.  They also acknowledged the number of enhancements the TCF made to the code following the TCF’s public consultation process.

Malcolm Alexander, Independent Chair of the TCF, said “we are delighted that the Commission has approved the revised Code.  Their prompt approval recognises the hard work by a variety of industry members to make a robust and practical Code.  Congratulations are due to the TCF working party members for a job very well done.”

A copy of the Commerce Commissions decision can be found on http://www.comcom.govt.nz/IndustryRegulation/Telecommunications/TelecommunicationsAccessCodeApprovals/draftcolocationcode.aspx

About Radiocommunication Co-location

The purpose of the Radiocomunication Co-location code is to encourage Co-location of Radio-communications facilities for regulated Telecommunications Services in New Zealand by.  

1. promoting and enabling efficient use of existing infrastructure and network sites;
2. assisting with the efficient use of new infrastructure and network sites; and
3. addressing environmental and community concerns relating to Telecommunications infrastructure development. 

The code provides a framework through principles and processes that are consistent with the purposes and provisions of the Telecommunications Act and is drafted on the basis that it outlines:

1. the process to be followed in developing a Co‑location Agreement to apply to all applications made by the Access Seeker to the Access Provider for Regulated Co-location Services in relation to sites the subject of that Co-location Agreement,
2. the process to be followed to enable an Access Seeker to determine which sites of an Access Provider the Access Seeker wishes to be the subject of a Co-location Agreement.

Parties to the Code

The Code is binding on Access Providers and Access Seekers for Co-location of Equipment on cellular mobile transmission sites and Co-location of Equipment for fixed Telecommunications Services at sites used by Broadcast Communications Limited (BCL)

Radiocommunication Co-location Code

The Radio Co-location Code does not apply to:

1. Non-regulated services
2. Persons such as property owners who lease or licence property to Access Providers but who do not themselves provide Regulated Co-location Services
3. Persons who lease or licence property to the Access Provider (which property is or may be the subject of Regulated Co-location Services)
4. Property owners or other persons who lease or license property to an Access Provider, and those persons are “related companies” of the Access Provider (as defined by the Companies Act 1993), then for the purposes of those provisions of this Code, that Access Provider shall be deemed to include those related companies.

Master Co-location Agreement

The Master Co-location Agreement details the terms between the Access Provider and the Access Seeker in relation to a regulated Co-location Service.

The Co-location Agreement agreed by the Access Seeker and the Access Provider (and as amended from time to time) applies to all applications made by an Access Seeker to the Access Provider for access to a facility covered by the Co-location Agreement.  The Master Co-location Agreement may be used by Access Seekers & Access Providers as the basis for their bilateral Co-location Agreements as anticipated by the Code.