[AusNOG] NBN Legislation

[David Keegel]

IANAL but my interpretation of the text of the bill
	http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A"legislation%2Fbills%2Fr4496_first%2F0001";rec=0#42a758af90384d7abd337d0b572079ab
is that the requirement to supply a Layer 2 Ethernet service only applies 
to a network if the network could be used to supply a superfast broadband
service and
(a) the network was created after 25/11/2010, -or-
(b) the network existed before 25/11/2010 but could *not* supply a superfast
broadband service at 25/11/2010 and was upgraded after 25/11/2010 so that
(because of the upgrade) it could supply a superfast broadband service.

The key question is, if you have a network which is already (pre 25/11/2010)
used to supply a superfast (>25 Mb/s) broadband service, does that mean that
network is exempt from the requirement to supply a Layer 2 service?

Here is the text of 141 (1) (e) (ii) from the bill (with my emphasis added)
	the network was altered or upgraded after 25 November 2010 and,
	AS A RESULT OF THE ALTERATION OR UPGRADE, the network became
	capable of being used to supply a superfast carriage service
	to customers, or prospective customers, in Australia


On Fri, Nov 26, 2010 at 09:38:34AM +0000, Bevan Slattery wrote:
> Hi Everyone,
> 
> You guys really need to understand why the a number of us have been fighting against the recreation of a new national monopoly without a cost-benefit analysis.  As of today the entire telecommunications industry is now restricted from upgrading their existing networks or installing new networks.
> 
> If I were Optus, AAPT, PIPE, Transact, Nextgen, Neighbourhood Cable, any FttH provider or any fixed line infrastructure based carrier I would know what my thoughts on this were.  No more upgrade of HFC, GPON, Basic Ethernet etc. etc..
> 
> So with the exception of Dark Fibre and some PtP services everything looks to be captured under the new regime. 
> 
> Welcome to the Governments version of "NBN is about providing greater competition".
> 
> [b]
> 
> **************************************************************
> In this context, the Access Bill seeks to amend the Tel Act to place specific technical
> and open access requirements on carriers who build or upgrade fixed-line superfast
> access networks after 25 November 2010, the date of the Access Bill's introduction
> into the Parliament.
> 
> There are three main parts to these arrangements:
> First, provision is made to simplify the making of industry codes and standards under
> Part 6 of the Tel Act in relation to fibre infrastructure and services. These provisions
> are set out in Part 1 of Schedule 1 to the Access Bill (items 12 to 16). This provides a
> mechanism for codes and standards based on NBN Co specifications to be developed.
> Codes are developed by industry bodies like the Communications Alliance. Standards
> can be made by the Australian Communications and Media Authority (ACMA).
> Application of such codes and standards based on NBN Co specifications would lead
> to new FTTP networks being consistent with the technical specifications for the NBN.
> 
> Second, where a telecommunications network (other than the NBN) comes into
> existence or is altered or upgraded, after 25 November 2010, to supply or be capable
> of supplying a superfast carriage service to customers, other than individual
> government or corporate end-users, that network must offer a Layer 2 bitstream
> service. These provisions are set out in Part 3 of Schedule 1 to the Access Bill (items
> 86 to 88). A Layer 2 bitstream service is a basic connectivity service, of a wholesale
> nature. A superfast carriage service is defined as carriage services with a download
> transmission speed normally of more than 25 Mbps. This rule would apply to any type
> of fixed line network, whether it be FTTP, hybrid fibre-coaxial (HFC) or fibre-to-thenode
> (FTTN). The rule would not apply, however, to point-to-point connections
> provided to single individual government or corporate end-users or proprietary
> networks (consistent with recommendation 73 of the NBN Implementation Study). To
> support these arrangements the ACMA will be able to make technical standards
> relating to Layer 2 bitstream services.
> 
> Third, the Layer 2 bitstream service that would have to be made available on these
> new or upgraded designated superfast telecommunications networks would be subject
> to access rules based on those applying to services supplied by NBN Co. These
> provisions are set out in Part 3 of Schedule 1 to the Access Bill (items 89 to 114). The
> ACCC would need to declare a specified Layer 2 bitstream service as soon as
> practicable. The Layer 2 bitstream service would need to be supplied on a nondiscriminatory
> basis, subject to the same kinds of exceptions as apply in relation to
> services provided by NBN Co. Activities related to the supply of the service would be
> subject to non-discrimination requirements, either set out in an SAU or the statute.
> Any volume discounting would need to be covered in an SAU. Any access
> agreements varying from an SAU or an access determination would need to be lodged
> with the ACCC for publication.
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-- 
___________________________________________________________________________
 David Keegel <djk at cybersource.com.au>  http://www.cyber.com.au/users/djk/
 Cybersource P/L: Linux/Unix Systems Administration Consulting/Contracting