On 30 September 2019, the CA received a comprehensive email from Landcom responding to various previous CA emails and enquiries. The following is a summary of Landcom’s email:
- On 24 September, Landcom met with Pivit and LBNCo to understand what arrangement exists between the two parties. Pivit and LBNCo confirmed they have signed a Wholesale Access agreement under which Pivit can retail on LBNCo’s networks in Qld and NSW. LBNCo intends to utilise Pivit’s infrastructure where possible and install new infrastructure where required. This ultimately means that Pivit intends to use LBNCo’s Prince Henry network to access retail customers where it can. Lawyer, Maddocks, is investigating the validity of this approach with reference to the Prince Henry Network Management Services Agreement.
- Landcom is investigating options with Pivit and LBNCo to facilitate a pathway for an alternate carrier such as NBNCo to enter Prince Henry who may offer residents greater choice.
- NBNCo has completed its recent detailed site survey.
- NBNCo has advised Landcom verbally, that following finalisation of a Business Case and Executive review, it will be in a position to advise the CA of its intent with Prince Henry in the next month.
- In response to the CA’s request:
‘With Landcom’s clear responsibility to Prince Henry residents per the Network Management Services Agreement, the CA strongly requests Landcom to provide some immediate protection, guidance and advice in relation to dealing with this burgeoning problem. Is Landcom able to provide guidance to the CA as to how to advise subsidiary schemes and individual owners? Ideally a written advice from Landcom to all Prince Henry residents would be the best approach, and may instil a level of confidence that an appropriate outcome will be achieved in a reasonable timeframe.’
Landcom advised:
‘Landcom is unfortunately not in a position to provide guidance to the CA as to how to advise subsidiary schemes and individual owners. However, you may wish to seek separate advice on the matter, including advice on the validity of the Land Access and Activity Notices issued by LBNCo to the subsidiary schemes.’
- Landcom’s CEO is regularly briefed on this matter and is supportive of Landcom’s efforts to facilitate NBNCo’s access where within Landcom’s capacity.
- Landcom is doing everything it can with urgency to expedite a resolution.
- Landcom intends to keep the CA informed as and when there is new information to share, and appreciates the frustration experienced by the community, especially given that this is a very complicated issue with a long history.
