This was forwarded to the Telecommunications Forum as a guide for their responses.
Overall impact of the NES
How has the telecommunications ‘landscape’ changed over the past decade from an industry and a consumer perspective?
How has the NES contributed to these changes?
Has the NES made things ‘easier’?
Has the NES met its objectives?
Are the regulations achieving their intended purpose in terms of:
sourcing infrastructure and engineering practices
shortening timeframes and lowering compliance costs
reducing timeframes and lowering costs for the availability of new services to consumers
providing an appropriate balance between community participation in planning and telecommunications infrastructure investment?
Working with the NES
How useful is the users’ guide?
How useful is the householders’ brochure?
Is any further work required on either?
Is work required on additional communications?
Are there any residual problems with implementation?
Working with councils
Are roles and responsibilities clear between council and industry?
Is the expected national consistency being realised?
If not, why not?
Has the NES reduced the number of consents needed to install telecommunications facilities?
If yes, how have industry practices changed?
If not, why not?
Do you obtain codes of compliance for your installations that are permitted under the NES?
If yes, in what circumstances?
Are there any issues in obtaining them?
Are councils consistent in the way they issue them?
What monitoring and compliance work do you do?
Radio-frequency
What is your experience of working with the community over concerns with radio-frequency fields?
Wish list
Would industry like to see any changes made to the NES?
Appendix 5: Details of issues
Table A5.1: Issues with the current NESTF
Suggested issue
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Relevant NESTF regulation
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The problem
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Possible solution
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Definition of ‘vicinity’
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4(4)b(ii), 4(5)b
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See section 7.1.2
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Definition of ‘site’, and the 30 m rule
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8
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See section 7.1.1
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What constitutes a swap out
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Regulation 7
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Whether a replacement structure can be in a slightly different location to the original pole (up to 3 m, for example) to allow for the larger foundation of the replacement pole and existing services beneath the site. Some inconsistency in interpretation across the country.
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Guidance
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Interaction between minor NESTF infringements and district plan rules
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Regulation 5
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Currently a facility may not comply with the NESTF for a minor technical infringement (such as another cabinet 30 m away) and then there is uncertainty as to which rules in the plan are relevant. Industry considers that the assessment criteria should be limited to the nature of the non-compliance with the NESTF rules.
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Guidance as to which district plan rules need to be assessed with a non-NESTF-compliant proposal.
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Aligning antenna and shroud length
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Regulation 7
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See section 7.2.1.1
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Height/co-location
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Regulation 7
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See section 7.2.1.2
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Dimensions of the envelope for antennas
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Regulation 7(4)
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See section 7.2.1.3
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Treatment of lightning rods and minor ancillary antenna such as GPS in the allowable envelope (subclause 4)
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Regulation 7(4)
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While the treatment of ancillary equipment is made clear on page 21 of the users’ guide, this is not the case in the NESTF.
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NESTF wording could be amended
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Scope of conditions protecting trees, heritage, visual amenity and the coastal marine area
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Regulation 6
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See section 7.2.2
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Radio-frequency and ‘small-scale solutions’
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Regulation 4
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Industry considers that ‘telecommunications facility’ could be defined to exclude small-scale solutions, such as metro sites and femto-cells, which generate miniscule levels of radio-frequency, so that they do not need reports of radio-frequency compliance
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Guidance
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Time taken to remove redundant cabinets
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Regulation 8
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Sometimes new cabinets are installed with the old ones still in place until the new one is fully connected and commissioned, to enable continuity of service. The two cabinets could be in place for up to 12 months, technically not complying with the NESTF. Industry would like some clarity around this transitional situation, including an allowable timeframe for commissioning a new cabinet and removing a redundant cabinet
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An NESTF amendment and/or clearer guidance may help.
This problem was identified in 2009. Then a ‘temporary activity allowance’ was the suggested solution.
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New Zealand police and other emergency services not being covered by the NESTF
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Not applicable
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Police and other services that have networks of communications equipment do not have to comply with radio-frequency exposures if the district plan covering the area they are working in is silent on the matter.
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Identified in 2009. Solutions offered at that time were to include the Crown with network operators or extend radio-frequency provisions to everyone.
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Appendix 6: Measurement issues
Regulation 4(5) states that measurements are required when predictions indicate that a device will produce radio-frequency levels that reach or exceed 25 per cent of the maximum allowed in NZS 2772.1:1999. There are some practical issues with measurement, and Martin Gledhill has provided advice on how they may be dealt with. Some issues could be addressed by further guidance, while others may require amendments to the NESTF.
The various issues are described below. Examples are provided by Mr Gledhill.
Issue 1: Choice of settings at a site (eg, down tilt) and how to deal with multiple parameters
Additional guidance would be helpful on the choice of certain settings for a site (eg, down tilts (the angle) on antennas. Operators may calculate exposures for a range of down tilts to cover worst-case scenarios. However, the value of the down tilt makes a big difference to where the position of maximum exposure falls, and whether measurements are needed at all (ie, whether the maximum will fall in an area where the public can be reasonably expected to be present, according to NZS 277.2:1:1999).
Figure A6.1: Effect of down tilt on exposure plumes (based on an actual site)
In the figure, the red line shows the 25 per cent exposure contour with a 0-degree down tilt set, and the purple line shows the 25 per cent contour with a 10-degree down tilt set. With a 10-degree down tilt, the lowest part of the 25 per cent contour is only about 1.5 m above the ground and measurements would be required, but with 0 degrees down tilt the lowest part of the contour is 3 m above the ground, and measurements would not be needed.
Difficulties that might arise include the following.
If the operator makes worst-case calculations based on (in this case) a high value of down tilt, but in operation a different value is used, then measurements may be made unnecessarily.
If the operator makes calculations using one down tilt, but when measurements are made a different down tilt is set, the measurements may not show what the worst-case exposures might be.
Issue 2: Staged site implementation
Currently, cell sites may operate over three different frequency bands with three different technologies. When the operator prepares a report for the site, they will tend to assume the maximum configuration of the site (all three frequencies and technologies). However, the installation may be staged, leading to two questions.
1. When should measurements be made? Should it be:
when the site first becomes operational (as required under regulation 4[5]), when exposures will not exceed 25 per cent of the public limit, or
when the site is fully configured, and when the 25 per cent threshold may be exceeded?
2. If certain technologies are to be added later, in some cases it is possible to extrapolate before installation to estimate maximum exposure, but in some cases it is not.
The users’ guide could be updated to explain these two situations.
Issue 3: What to do when it is difficult to access an area to make measurements
This is an issue in city locations. Sometimes it can be very difficult to arrange access to where exposure measurements may be needed; for instance, when a site on one commercial property produces exposures that may exceed 25 per cent on the roof of an adjoining commercial property.
This could be addressed with new guidance on what should be counted as a public area in a commercial building.
Solutions
1. Guidance. As already stated, each of the issues warrants extra guidance.
2. An alternative to the 25 per cent threshold approach. This is an approach suggested by Martin Gledhill, whereby the measurement does not assume that the radio-frequency field is a single wave (as is currently the case). Instead, the interference pattern caused by reflections of radio-frequency waves off the ground is taken into account. Guidance on how to do this would need to be provided for measurement operators and councils alike, but it would result in an estimate of exposure plus the level of uncertainty of that measurement.
The new measurement standard AS/NZS 2772.2:2011 provides a method for how to compare a measurement and its associated uncertainty against a limit.
If:
L = the maximum exposure allowed by NZ 2772.1:1999
X = the measured exposure
U = the measured uncertainty
U0 = a threshold value for the uncertainty (provided by the standard)
then a measurement X has a level of uncertainty of +/- U. The NESTF suggests that if the uncertainty is greater than U0, the site complies if and only if X + (U–U0) < L.
This may be a suitable approach for staged sites or sites with difficult access, and is an alternative to the 25 per cent threshold. Measurement operators would have to be trained in the approach, but they need to come up to speed with the new AS/NZS 2772.2:2011 anyway.
Adopting this alternative would require an amendment to the NESTF.
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