I have seen a few variations of this theme, and here's a couple of ways it has been worked out, but they still require a lawyer to draft something:
- The site has various risks associated with it, so the Telco must use an approved contractor - then have that contractor pay the fee and be part of the WHS - The Telco agrees to indemnify the site for any liability incurred while on the premises (this tends to force a re-evaluation of any other suggested fees) Generally the cost of enforcing a LAAN in the courts is going to make any fees seem trivial, so it may be best to offer a path of less resistance rather than saying "No". John On Mon, 20 May 2024 at 11:14, Mitch Kelly <[email protected]> wrote: > Hi, > > Note: *None of the following should be taken as legal advice* This is a > real world scenario from Mid 2018. > > Ive dealt with a similar issue on an LIN (Low Impact Notice) being served > on a rural property owner. The issue arose when the owner refused entry to > the Telco and did not negotiate (Not the right thing to do) The best thing > we found (From Legal Advice) Was to advise YES, You can install your > equipment on this property, The Fee Per Month will be 200k. > > You haven't Refused entry > and, > You've provided a compensation amount for the installation/inconvenience > on the property. > > On the topic of the LIN and Safety, Due to the location of the > installation, There was overhead HV Lines (12m), (6.4m clearance generally > required) across the entryway to the property, The owner of the property > had a duty of care to advise to the best of their knowledge hazards that > may exist (Loose ground, sinkholes, unstable ground, overhead wires, etc) > to the Telco entering the property of the LIN The Telco was responsible for > their own SWIMS/JHA and complying with WHS laws, The Property owner > distanced himself from any liability (He had a pretty good lawyer) > > The Property owner gave all the information to the telco to the best of > his knowledge, Yet they still managed to knock down a power pole and pole > pig (transformer) causing the OWNER of the property to have to pay Horizon > power to fix it along with Horizon stating that further damage may be > brought upon the owner if other customers were impacted (The lawyer got > onto this pretty quick smart) > > The tower eventually fell over in Mid 2021 due to salinity issues in the > soil, The Telco went insolvent in late 2022. > The owner never saw a cent from the Telco for damages to the power > infrastructure and likely never will. > > Stay well clear, Seek legal advice. If they have issued a LIN then they > are probably already disgruntled. > > > On Mon, May 20, 2024 at 9:12 AM Jason Leschnik <[email protected]> wrote: > >> Hi all, >> >> NB: This is not a request for legal advice. >> >> This a hypothetical situation where a Team (Network Communications Group) >> and more indirectly a Maintenance Group are served LAANs by Telcos. This >> group operates Public infrastructure (say Hospital sites). For the Network >> group, The LAANs are generally served for new circuits that have been >> requested, for the Maintenance group, they are for establishing or >> accessing Services on Tower Blocks (Mobile Antenna). >> >> Currently, said business has an Internal Contractor Management System >> operated by an External Vendor (Championed by an Asset Management and WHS >> group), this requires the Telcos to enroll and pay a yearly account fee >> (say $600). One could imagine that the Telcos would push back against this, >> being well within their rights to refuse a "fee to enter". >> >> I have a concern/question that I'm struggling to get clear answers to >> based on this hypothetical situation: If they refuse to enroll in the >> SYSTEM (Possibly invoking their Powers to access the site via. the correct >> channels) or possibly it's agreed they do not need to enter into the SYSTEM >> and the LAAN is accepted (based on reviewing of their SWMS and Liability >> Insurances) by a site owner. Is the onus on the site owner to manage/own >> the WHS risks while they are operating onsite? Or does that fall under the >> Telco? >> >> Regards, >> Jason. >> -- >> Personal Email Account >> _______________________________________________ >> AusNOG mailing list >> [email protected] >> https://lists.ausnog.net/mailman/listinfo/ausnog >> > _______________________________________________ > AusNOG mailing list > [email protected] > https://lists.ausnog.net/mailman/listinfo/ausnog >
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