Can Chorus remove its copper network from my house without permission?

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Myself

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#214504 15-May-2017 10:36

Hi all,

We have been trying to connect to fibre for 11 months. It's not going well.

Chorus has said that one of the issues concerns the stability of a pole on my private property. Chorus has previously stated that it owns the affected pole and came around on Friday with my permission to repair it. However, when I got home from work the pole was untouched but the copper network had been removed from it and the wire cut at the the ETP on my house.

I'm currently served by the HFC network so I still have service but given I may never be able to get fibre I resent loosing the redundancy of the copper network and don't consider that I gave permission for its removal. In addition I note that section 125 of the Telecomunications Act allows Chorus to enter my property to inspect and repair things, but not to remove them.

Should this have happened?

Cheers.

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Linux

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#1782373 15-May-2017 10:47

You don't own up to ETP and is part of the ChorusNZ network so they can do with it what they like

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sbiddle

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#1782564 15-May-2017 14:08

Myself: I thought that was the case re ownership of the network. But what about the legal right to enter my property to remove it? If that right isn't conferred through the Act and I haven't given my consent, where does it's authority come from?

What part of section 125 do you think doesn't give Chorus the legal right to remove unused copper as part of routine network maintenance or repair? it's not your network and belongs to them.

125 Rights of entry to land

Subject to section 126, a network operator may—

(a)

enter land for the purpose of gaining access to any existing works or existing lines owned by the operator; and

(b)

perform any act or operation necessary for the purpose of inspecting, maintaining, or repairing those works or lines.