[LINK] Dealing with Telstra's short-cuts

[Paul Brooks]

On 5/10/2017 5:52 PM, David Lochrin wrote:
> On Thursday 05 October 2017 at 16:19 David Boxall [quoting Facebook] wrote:
>
>> https://www.facebook.com/groups/BIRRR/permalink/746613068880716/
>> I would like some advice or direction please... we need to replace a boundary fence on a road verge. The Telstra cable runs along said fence, tied to it and is all tangled in the overgrown bush. My father in law has rung Telstra to see if they can come out and work with him so he doesn't wreck the cable. He needs to clear it using a bulldozer it is that overgrown. They want us to pay for this, so he put in a complaint but he keeps going around in circles with no real answer.   Does anyone have any advice for this kind of situation? We are located on the south coast of WA.
> If the Landowner has not given permission for this at some time previously, and even de-facto permission might be a potential problem, I would advise having a Solicitor write a letter to Telstra with copies to both the Landowner's MP and Senator Fiona Nash (Minister for Regional Development, Regional Communications, and Local Government & Territories).
>
> The Solicitor will advise on the content, but I'd suggest it should simply state that the Landowner wishes to clear the fenceline and avoid any disruption to services which ~may~ be carried on that cable.  So would Telstra please confirm within [some time limit] whether or not it is their cable and currently in use, and if so, discuss its removal from service with the Landowner's Solicitor so the fenceline can be cleared.  I wouldn't involve any neighbours who might be affected or the media, not yet anyway.

Strongly advise this as the correct way. Telecommunications Act makes it an offence
with heavy penalties including gaol for interfering or damaging a part of a
telecommunications network, regardless of who's property its on. This is the same
provision that telcos use to sue contractors who damage a cable in the street with a
backhoe or jackhammer.

If the landowner can separate the cable from the fence without cutting it, and gently
lay it to the side out of the way, should be ok.
Telstra  don't have any rights to ask him to pay for the work though - by rights,
under the Land Access regime, they should compensate him for his costs and loss in
having the cable cross his property, and moving it should be at their cost.
Perhaps your FIL call the TIO and lodge a case - land access for cables is a TIO
jurisdiction. That should get Telstra out before it gets escalated to Level 3.
https://www.tio.com.au/about-us/policies-and-procedures/objections-to-land-access-activity
- note this applies if a carrier proposes to carry out new activity, but a call to the
TIO might help in resolving your FIL's situation regarding an existing cable.


>
> David L.
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