New South Wales Procurement Board

Type:
NSW Procurement Board Direction
Identifier:
PBD-2015-03
Status:
Active

PBD-2015-03 Radio Communications Site Licence Agreement Framework

Description

NSW Government agencies must use the Memorandum of Understanding for Licensed Use of NSW Government Communications Facilities issued by the Telco Authority when entering into new site agreements or amending existing agreements.

Function and Subject

(1)
Property Management, Procurement

Detailed Outline

Site Licence Agreements are contractual arrangements entered into between NSW Government agencies allowing access to radio communications sites, infrastructure and site services. Typically, four or five agencies may co-habitat on popular sites, each of which has a Site Licence Agreement with the principal user, as well as agreements with the owners of the tower, hut, and other facilities located on the site.

The cost of entering into and maintaining these complex arrangements is significant, with parties to the Agreements often spending time and money drafting bespoke contracts in each instance. The NSW Telco Authority, in consultation with agencies that use operational communications, has developed a Site Licence Agreement Framework to standardised site licence arrangements between agencies.  The new Site Licence Agreement Framework includes a Memorandum of Understanding between agencies for licensed use of NSW Government Communications Facilities, as well as a standard site access protocol and standard site schedule for each individual site.

The use of the standardised Site Licence Agreement Framework will decrease the expense of licensing each site by reducing legal charges (both in-house and external counsel), processing costs and administrative effort.

Accordingly, under this Direction, each NSW Government agency (including Departments, Executive Agencies, Statutory Bodies, and Other Agencies and Services) will:

  1. where the agency currently or  intends to enter into agreements with other agencies for licensed use of an operational communications site or equipment, the agency must be a signatory to the Memorandum of Understanding for Licensed Use of NSW Government Communications Facilities issued by the Telco Authority from time to time
  2. when entering into an arrangement with another agency for licensed use of an operational communications site or equipment for a particular site, use the standard site access protocol and standard site schedule accompanying the Memorandum of Understanding
  3. where an existing licence arrangement expires or otherwise ends or is amended, enter into a new licence arrangement under the terms of the Memorandum of Understanding for Licensed Use of NSW Government Communications Facilities unless exempted by the Telco Authority.  Reasons for exemption may include legal or cost impediments to altering the arrangements.

This Direction was considered by the NSW Procurement Board on 22 July 2015 and takes effect from 1 September 2015 for a period of two years.  On 13 September 2017, the Procurement Board extended this Direction indefinitely, until revoked.

Act

Part 11, Public Works and Procurement Act 1912

Overview

Who needs to know and/or comply with this?

Departments
Executive agencies related to Departments
Advisory Entities (including Boards and Committees)
Separate agencies
Statutory Authorities/Bodies

AR Details

Date Issued
Sep 1, 2015
Review Date
Sep 1, 2025
Replaces
Replaced By

Contacts

Contact
nswbuy@treasury.nsw.gov.au
Phone
1800 679 289
Publishing Entity
Department of Finance, Services and Innovation
Issuing Entity
New South Wales Procurement Board