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Legal letter sent to Urban Growth following meeting with lawyer | 10 June 2016

At a meeting with the CA’s lawyer on 26 May, the EC agreed on the following action plan:

  • Lawyer to write to Urban Growth regarding perceived breaches of the Network Management Services Agreement between Landcom (the Principal — now Urban Growth) and Pivit (the Operator).
  • It was agreed that, as clearly stated a number of times in the NMSA, Prince Henry’s telecommunications infrastructure (installed, owned and operated by Pivit) should become available for access by any other telecommunications providers that may wish to use the infrastructure to provide services to residents.
  • It was also agreed that, subject to the existing infrastructure meeting current technological requirements, it should not be necessary for any other provider wishing to provide services to residents to install additional infrastructure.
  • The EC determined therefore that the CA should not become involved in any move by residents to appoint another service provider to install additional infrastructure. However, at this time, the CA will not discourage residents from making their own enquiries. It’s important to note that plans for any additional works must be submitted to the CA for review before lodging with the appropriate consent authority to obtain approval to proceed.
  • The EC will make enquiries with alternative ISPs to determine interest in exploring options to provide telecoms services to Prince Henry residents, using the existing infrastructure.

For details of the points discussed and agreed on at the CA’s meeting with its lawyer, read the legal letter sent to Urban Growth on 10 June 2016.

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