Government Construction Projects & Capital Spend New broadband related rules for the construction industry in 2016 Edel Hartog 11 May 2016

11 May 2016 – Government Construction Projects & Capital Spend New broadband related rules  New legislation to be published shortly– expected to take effect from 1 July 2016  Intended to facilitate national broadband roll-out and availability  Summary new rules: –newly constructed and renovated buildings post-2016 must be broadband-ready –communications access points in buildings and associated infrastructure (such as ducts) must be accessible to all broadband and communications providers

11 May 2016 – Government Construction Projects & Capital Spend Broadband in Ireland  Average broadband speed c. 14 Mbps  Ireland’s National Broadband Plan min 30 Mbps  Virgin Media’s residential package up to 360 Mbps  SIRO (ESB/Vodafone joint venture) up to 1000 Mbps Data Source: ComReg Quarterly Report Q (Graphic: Irish Independent) of Irish homes have fixed broadband 10-30Mbps 12.3% 2-10Mbps 25% Mbps 38.5% < 2Mbps 2.3% 67%

11 May 2016 – Government Construction Projects & Capital Spend Ireland’s National Broadband Plan 2008 Download speeds Mbps 2015/2016 Download speeds of minimum 30 Mbps 2020 c. €275 m State investment

11 May 2016 – Government Construction Projects & Capital Spend Ireland’s National Broadband Plan Source: Department of Communications, Energy and Natural Resources and Ordnance Survey Ireland - map subject to change Commercial areas NBP intervention areas

11 May 2016 – Government Construction Projects & Capital Spend

Benefits of broadband - the future Remote working - decreased commuting E-health – home-based careFarming – remote monitoring of livestock SMEs, jobs & entrepreneurshipEducationSmart homes – the Internet of Things

11 May 2016 – Government Construction Projects & Capital Spend New broadband legislation on the way  Directive 2014/61/EU on measures to reduce the cost of deploying high speed electronic communications networks  Designed to facilitate the roll-out of next generation high speed broadband – with speeds of at least 30 Mbps  Ireland overdue in implementing (1 January 2016) - publication of new legislation imminent  New measures expected to take effect from 1 July 2016

11 May 2016 – Government Construction Projects & Capital Spend  All: –newly constructed homes and buildings –homes and buildings which undergo major renovation works –in each case for which applications for planning permission are submitted after 31 December 2016 must be equipped with passive infrastructure intended to host next generation broadband/communications up to the network termination points e.g. ducts to host fibre cables ‘Broadband-ready’ obligations

11 May 2016 – Government Construction Projects & Capital Spend  Exemptions may be permitted where it would be disproportionate to insist on fulfilment of the obligations e.g. –single dwellings, historic buildings, holiday homes, monuments or military buildings –DCENR has not yet consulted on any exemptions (as the EU legislation requires)  Voluntary ‘broadband-ready’ label for buildings ‘Broadband-ready’ obligations

11 May 2016 – Government Construction Projects & Capital Spend  Major renovation works –building and civil engineering works which require planning permission and –involve structural modification of the entire or a significant part of a building’s infrastructure relevant to broadband/communications  Applies to multi-dwelling buildings such as apartment complexes and offices –must be equipped with physical communications access points inside or outside the building ‘Broadband-ready’ obligations

11 May 2016 – Government Construction Projects & Capital Spend  UK proposed approach: ‘Broadband-ready’ obligations Source: HM Government, R1 In-building physical infrastructure, The Building Regulations 2010 (2016 Edition)

11 May 2016 – Government Construction Projects & Capital Spend  UK proposed approach: ‘Broadband-ready’ obligations Source: HM Government, R1 In-building physical infrastructure, The Building Regulations 2010 (2016 Edition)

11 May 2016 – Government Construction Projects & Capital Spend  All broadband and communications networks operators will have a right to roll-out their networks up to the communications access points in buildings –i.e. the physical point located inside or outside a building that enables a broadband/communications connection to the building  Access points must be available to all broadband and communications networks operators –i.e. no exclusivity/closed building deals Building open-access measures

11 May 2016 – Government Construction Projects & Capital Spend  Where duplication is technically impossible or economically inefficient –all broadband and communications network operators will have a right to access existing ducts (and other in-building communications infrastructure)  Where any rights of use have been granted over access points and ducts (and other in-building communications infrastructure) –third party access must be granted under fair and non-discriminatory terms and conditions, including price Building open-access measures

11 May 2016 – Government Construction Projects & Capital Spend  Reform of planning processes for civil works in connection with the roll-out of next generation broadband –harmonisation measures to apply to planning applications –all relevant information to be made available through a single information point e.g. a web portal (possibly also submission) –four month indicative timeframe for grants or refusals Other measures

11 May 2016 – Government Construction Projects & Capital Spend Other measures  To facilitate high speed broadband roll-out: –infrastructure sharing between telcos and utilities e.g. ducts and poles –information sharing between telcos and utilities regarding infrastructure that can be used for high speed broadband –co-ordination of civil works between telcos and utilities –information sharing between telcos and utilities regarding planned civil works

11 May 2016 – Government Construction Projects & Capital Spend  New rules to be published shortly  From 2017: –newly constructed and renovated homes and buildings –planning applications submitted from 1 January 2017 –must be equipped with passive infrastructure to host high speed broadband and communications up to the network termination point e.g. access points and ducts Summary

11 May 2016 – Government Construction Projects & Capital Spend  From July 2016:  broadband and communications providers will have the right to access building communications access points and ducting  exclusivity arrangements for broadband or communications providers will not be permitted Summary

Government Construction Projects & Capital Spend New broadband related rules for the construction industry in 2016 Edel Hartog 11 May 2016