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4/9/2014 Parallel Worlds of the Code; What it means for Chorus as a Utility Operator. Graeme McCarrison Engagement and Planning Manager 27 March 2014 ROAD INFRASTRUCTURE MANAGEMENT FORUM / PAGE 1 / PAGE 1 / PAGE 1 / PAGE 1 / PAGE 1 /


  1. 4/9/2014 Parallel Worlds of the Code; What it means for Chorus as a Utility Operator. Graeme McCarrison – Engagement and Planning Manager 27 March 2014 ROAD INFRASTRUCTURE MANAGEMENT FORUM / PAGE 1 / PAGE 1 / PAGE 1 / PAGE 1 / PAGE 1 / PAGE 2 1

  2. 4/9/2014 • People want to be connected anywhere, anytime – technology is irrelevant to them whether it be fixed, mobile or wifi – they just want it to work. • 90% of worlds data been created in the last 2 year • Mobile data growth doubling year on year / PAGE 3 / PAGE 3 > Standalone , publicly-listed company > Supporting service providers to roll out fibre services > Guardians of New Zealand’s fixed line network > Forefront of building a new fibre network / PAGE 4 / PAGE 4 2

  3. 4/9/2014 C 2 ? > Code user/partner  Code – regulator > 1 National Company - 3 Service  Plus others controls COPs etc companies  Road asset owner – conflicted party? > Contractors work anywhere &  Each authority is unique know the obligations  Local variation of practice and > National approach/consistency interpretation > No build $ variation  Value roads above other assets > No local deals / understanding  Culture of do it my way – often? except for local or special  Restricted transparency circumstances  Political pressure? > Respect all assets equally  Struggle with collaboration? > Want collaboration / PAGE 5 Shared interest Council as asset > Public organisation > owner in roads Accountable to ratepayers > Regulated – various Chorus utility > Roading & public assets > operator Assets for benefit of citizens > Restriction on charging assets in > Contractors – build Council roads > Protection of asset – full asset life > Facilitator of economic growth as > Sustainable management Corridor > Duel role regulator & builder Manager > Public listed company > Accountable to shareholders > Regulated – Commence Commission > Telecommunications assets > Assets for benefit of NZers You & I pay > Restricted cost recovery > Contractors – build > Protection of asset – full asset life > Enable economic growth > Sustainable management / PAGE 6 / PAGE 6 3

  4. 4/9/2014 Common Stakeholders  Councils – all levels  Corridor, Asset and Infrastructure Managers  Community and Local Boards  Utility Operators  The Government  Our Customers – Retail Service Providers  Business Associations  Commerce Commission  Iwi  Historic Places Trust  General Public / PAGE 7 / PAGE 7 Competing demands & options for roads. how to decide? DOCUMENT TITLE / V 1.0 / XX DAY 2012 / PAGE 8 4

  5. 4/9/2014 Our deployment principles  Health and Safety is always at the forefront of our work  We build on existing infrastructure to reduce disruption  We co-ordinate local works with Councils and other Utility Operators (UO’s) wherever possible  We keep the community informed / PAGE 9 Our Work  As you may know we are undertaking the largest infrastructure project in the country and in the Roading Corridor  Our crews go from area to area, council to council as the pressure to maintain a steady work stream is a necessity for us to meet our obligations  We are working hard to improve our processes and methodologies and practices to get consistency across all our work streams and improve performance in the Corridor  We are looking to you to help us achieve this / PAGE 10 5

  6. 4/9/2014 DOCUMENT TITLE / V 1.0 / XX DAY 2011 / PAGE 11 Chorus key messages on Code > Code is welcome – National consistency > Taken time to understand and adopt still a way to go. In effect since 1 January 2012 > Partnership or Alliance regime – its principles are right The Parties should cooperate, collaborate and engage with each other constructively through open communication and maintain formal and informal communications with all other Parties. > Education and implementation have hampered benefits being achieved > Benefits all - minimise disruption, ensure co-ordination, optimise asset and protection > NZUAG not funded for or authorised to be enforcement agent or arbitrator > Inherent tensions between CMs and UOs – benefit from independence and new governance *=Corridor Managers **= Utility Operators DOCUMENT TITLE / V 1.0 6 MARCH 2014 / PAGE 12 6

  7. 4/9/2014 CAR and WAP issues (s. 4) > Definitions of Works – Minor and Major need tweaking: cover customer connections in Minor? > Define new truncated CAR process for Minor works? > Placement of utilities – first in, best position? > CAR Fees – process, level, transparency > Works completion notice and warranty period – no incentive and no consequence if CM doesn’t comply with timing obligations > Conflict of interest with Councils – CM and UO functions – perception different conditions apply? / PAGE 13 Reinstatement standards (s.5.6) > Reinstatement standards in Code regularly overwritten > Inconsistency between words and figures e.g. 1.0m rule > 1.0m rule frequently overridden variation in interpretation – wide footpaths, driveways > Relationship between Code and Council (CM) development standards – eg COP or similar docs? > Special paving areas and amenity areas – not planned for utility works > What this about 5yr no work or full replacement? > New technology e.g. micro trenching – how should reinstatement standards be applied? What is a reasonable process to introduce something new / PAGE 14 7

  8. 4/9/2014 The Side Cut Micro Trenching Machine Side cut RT100 Specifications Size and weight of the unit > Length in working position: 4300mm > Width: 1050mm > Height: 1850mm > Weight: 2500kg Cutting specifications > Cutting width – 45-70mm > Cutting depth – 200 – 350mm > Side offset – 390mm on the right and 160mm on the left, from machine axle Features > Light and manoeuvrable > Specifically designed for building FTTX networks in an urban environment CHORUS TRENCHING METHODOLOGIES / PAGE 15 / PAGE 15 Micro Trenching – RT100 Preparing the worksite – Always radar investigation of existing utilities Pothole to confirm utility location Utility mark out Trenching and spoil removal Reinstatement - Carriageway Upper Hutt Trial - Asphalt / PAGE 16 / PAGE 16 8

  9. 4/9/2014 Comments ▪ The Code does is not clear on the process and acceptance of new deployment methodologies. ▪ How can the Code ensure a fair balance is struck between the needs of all parties in relation to such matters? ▪ Seeing Individual Councils - long, expensive and uncertainty ▪ Need for an Evaluation Group for technical reviews? ▪ Should the NZUAG be empowered to issue national directives on Code issues including the one outlined? / PAGE 17 / PAGE 17 Reasonable conditions (s. 4.5) > Lack of consultation over the Local/Special conditions being implemented > Consultation & decision process – unclear? > Template Conditions in Schedule B: what is the problem? Why so many local & special conditions? > Local conditions: geographical area + unique condition/event > Need to be agreed (Utilities Access Act), Code inconsistent > Lack of process and lack of reasoning given for local conditions, some just unnecessary > UFB works given different “local conditions” to BAU > Special conditions: unique conditions to WAP > Regularly don’t meet the above criteria / PAGE 18 9

  10. 4/9/2014 Reasonable conditions (s. 4.5)  Majority of WAPs contain special conditions, no reasoning  Repetition in the Work Access Permit Conditions - e.g. Reasonable conditions from NCOP being rewritten slightly and added in  Too many pages of Local conditions attached to a WAP – and therefore not easily identifying what is different from the NCOP  The NCOP being rewritten with insertions of new or amended clauses / PAGE 19 Disputes and enforcement > Code based on collaboration but interests between CMs and UOs not always aligned > Dispute processes long and expensive, not practical for programme milestones > Chorus has disagreed often with CMs - Chorus never issued formal dispute notice > Balance of power in favour of CMs for disputes, especially local or special conditions > Solution – non-binding guidance issued by NZUAG (white papers etc on issues raised)? Short, sharp adjudication type process (similar to construction)? > Lack of enforcement of obligations – Court only? Unworkable? / PAGE 20 10

  11. 4/9/2014 C 2 ? - No  Support code – needs a few tweaks  National consistency is taking time  Common interest – recognise & build on  Collaboration – optimal benefit  Build Trust – long term relationship  Education – do it together / PAGE 21 DOCUMENT TITLE / V 1.0 / XX DAY 2012 / PAGE 22 / PAGE 22 / PAGE 22 / PAGE 22 / PAGE 22 11

  12. 4/9/2014 UFB Regions Auckland % of Areas: UFB: 1 2% 24 69% 6 14% Wellington 2 15% Christchurch Total: 33 100% / PAGE 23 / PAGE 23 20,000km FIBRE AIR BLOWN FIBRE FIBRE TO THE PREMISES / PAGE 24 / PAGE 24 12

  13. 4/9/2014 DOCUMENT TITLE / V 1.0 / XX DAY 2011 / PAGE 25 / PAGE 25 WEB PAGES: http://www.chorus.co.nz/nzs-fibre-future http://www.chorus.co.nz/MAPS http://www.chorus.co.nz/rural-broadband (for Schools list) / PAGE 26 / PAGE 26 13

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