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Prince Henry Telecoms

Summary Of Telecoms Facts

The following is a summary of the facts and action taken to date. More details can be found in the various other pieces in the telecoms news posts above.
If you have knowledge and / or experience to share on telecoms issues, please provide details using the feedback form.

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Uniti Group

July 2020 | Details of Uniti Group emails re transfer to Fast Data Communications

Contact with Department of Communications, Cyber Safety & the Arts and major ISPs

February 2017 | Letter from Dynamic to Mitch Fifield regarding lack of choice for many Prince Henry residents. CC to Matt Thistlethwaite requesting support and action on our behalf.
April 2017 | Response from Mitch Fifield’s office to the CA’s February letter.
July 2017 | Meeting with Matt Thistlethwaite
September 2017 | Letters to CEOs of Telstra, Optus, and TPG
September 2017 | Lawyer’s letter to Mitch Fifield’s office
September 2017 |Response from Mitch Fifield’s office
September 2017 | Response received from Andrew Penn, CEO Telstra
September 2019 | Letter to Paul Fletcher regarding Pivit wishing to depart and LBNCo coming in | Email received from Paul Fletcher’s office, formal written response received from the Department of Communications, Cyber Safety and the Arts
November 2019 | Meeting with Landcom, NBN Co, Prince Henry Community Association

Telstra

Proposal to install mobile phone towers on the roof of Moran at Little Bay

20 March 2018 | the CA’s managing agent emailed all Prince Henry lot owners and their representatives with details of Telstra’s proposal to install equipment on the roof of the Moran at Little Bay building, and asking for feedback on the proposal.
October 2018 | DA/239/2018 was lodged with Council and approved in October 2018.
June 2019 |Since October, the CA has followed up with Mark Moran at Little Bay from time to time regarding installation of the structures.
September 2019 |Mark Moran has advised that Telstra had scheduled the installation of the mobile phone towers for early 2020.
January 2021 | Proposed 5G installation at the Moran building, 1420 Anzac Parade

Proposal to extend HFC Network to Prince Henry at Little Bay

Letter dated 10 August 2016 from Dynamic Property Services, the CA’s managing agent, containing information on Telstra’s proposal to extend it HFC network to Prince Henry | distributed by email to all of Prince Henry’s strata schemes / neighbourhood associations / individual lot owners on 11 August 2016
Letter dated 11 August 2016 from the CA’s lawyer, explaining the Telstra offer and that the CA is not able to become involved in any negotiations between Telstra and strata schemes / neighbourhood associations / individual lot owners | distributed by email to all of Prince Henry’s strata schemes / neighbourhood associations / individual lot owners on 11 August 2016
December 2016 Newsletter | Web team advises residents to make their own enquiries as to Telstra’s progress in their area.

Network Management Services Agreement | Pivit and Landcom

1 May 2007 | the state government appointed Pivit to install state of the art infrastructure to Prince Henry residences as part of the Prince Henry Master Plan.
Pivit owns that infrastructure.
The Prince Henry Community Association requested Urban Growth (formerly Landcom) to provide a copy of the contract between the state government and Pivit outlining Pivit’s responsibilities and obligations. The request was refused on the grounds of ‘commercial in confidence’.
A GIPA request was subsequently submitted and a Notice of Decision received advising some but not all of the information contained in the contract would be provided.
Pivit had 40 days to object to the information being released. If the decision to release some of the information stands, it will be provided no earlier than 14 March 2016.
Mid-March 2016 | Copy of redacted Network Management Services Agreement between Landcom and Pivit received.
Late-March 2016 | Copy of missing Schedule 9, Minimum Operator Service Levels requested.
7 April 2016 | Copy of missing Schedule 9, Minimum Operator Service Levels received.
29 April 2016 | Lawyer appointed to provide advice
26 May 2016 | CA EC met with its lawyer to determine an action plan
10 June 2016 | Legal letter sent to Stuart McCowan, Urban Growth’s General Manager Wholesale Projects
29 July 2016 | Letter from Urban Growth responding to CA’s legal letter dated 10 June 2016
1 August 2016 | Email received from CA’s lawyer providing advice on action the CA could take for the EC’s consideration
10 October 2016 | Legal letter to Urban Growth expressing disappointment and requesting an unredacted copy of the NMSA
December 2016 | The CA’s lawyer instructed to follow up on the provision of an unredacted copy of the NMSA
January 2017 | Unredacted Network Management Services Agreement received from Urban Growth on a strictly confidential basis. This means the CA is not permitted to disclose to any third party the content without first obtaining UrbanGrowth’s prior written consent to any proposed disclosure.
November 2018 — March 2019 | Negotiations with Landcom and Pivit re Pivit’s desire to sell the Prince Henry infrastructure to a third party.
March 2019 — July 2019 |Negotiations continue with Landcom re Pivit’s desire to exit Prince Henry and the CA’s desire to achieve telecommunications services for Prince Henry owners and residents in line with services available to the rest of Australia, including choice of RSP.
August 2019 | Landcom information session for all Prince Henry owners, owners’ representatives and residents.
September 2019 | Information Session Update and Ongoing Action Plan
16 September 2019 | NBN Co to begin formal site survey | Meeting with John Brogden
October 2019 | Landcom’s response to various CA emails and enquiries
November 2019 | Meeting with Landcom, Matt Thistlethwaite, Michael Daley, Prince Henry Community Association
December 2019 | Meeting NBN Co, Prince Henry Community Association
14 April 2020 |Pivit departs, Uniti takes over as RSP — No choice
17 April 2020 | LBNCo informs Prince Henry residents that it can choose from 18 RSPs
4 July 2020 | Telecoms update detailing the departure of Pivit and Landcom, and the termination of the NMSA
26 October 2020 | Request to the NSW Ombudsmen to review of Landcom’s management of its Network Management Services Agreement with Pivit | October 2020
18 November 2020 | Response from the NSW Ombudsman

Foxtel

Foxtel has an arrangement to use the Pivit infrastructure to provide pay TV to those Prince Henry residents that require it.
In the latter part of 2015 Pivit’s infrastructure needed to be upgraded to facilitate adequate reception of pay TV HD channels (head end needed replacing). The cost for the upgrade was advised to be significant.
Pivit said Foxtel should foot the bill for upgrades to infrastructure required to facilitate adequate HD reception.
Foxtel said it had an agreement in place that indicates Pivit is responsible for all maintenance and upgrades to Pivit-owned infrastructure.
The CA has received a copy of the agreement between Foxtel and Pivit stating that Pivit is responsible for all maintenance and upgrades to Pivit-owned infrastructure.
The CA has been advised that Pivit has undertaken the desired upgrades to facilitate adequate HD reception (replaced the head end).

Email

Pivit advised in late 2015 that it would cease its email service effective 1 January 2016 leaving Prince Henry residents no alternative but to open a web-based email account.
On 14 January 2016 (two weeks after the advised termination date) Pivit advised its email customers that they could retain their Pivit email addresses (by that date, most Pivit email customers, particularly those that relied on email for essential communications, would have likely made other arrangements).

Internet Data Allocation

In the early part of 2016, a significant number of Prince Henry residents were advised that they’d exceeded their monthly data allocation, triggering ‘speed shaping’ for the first time, which effectively meant the internet slows to a snail’s pace. Many residents upgraded their package agreement with Pivit leading to additional costs incurred.
In January 2016, a Facebook page created by a resident unhappy with Pivit is gaining momentum. The CA has stated it will work with the group to achieve the best outcome possible for all Prince Henry owners and residents.

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