[AusNOG] NBN Legislation
john at netniche.com.au
Sat Nov 27 14:21:54 EST 2010
On 26/11/2010, at 10:15 PM, Bevan Slattery wrote:
> So if I had fibre in the basement of the building and went to provision a service to you on L4, is the act of extending the in-building component and adding a 1G switch on the end get captured? I *think* so. Can anyone tell me otherwise?
I think so too, but I doubt this will affect smaller carriers. There's an allowance to discriminate on the grounds of "inefficiency" or to require certain volumes. You're going to need a lot of fibres in a lot of basements to make it worth someone's time and money to interconnect and demand service.
I'm not sure how an upgrade can be enforced either - who's the record keeper of when a component is upgraded or even built? Are the police going to conduct random basement checks? Are managed switches going to be subject to a licencing regime? Will network engineers get prescription pads?
What might be a greater injustice is where you have a fibre in the building, and a 3rd party buys a service from you and provisions a switch on the end of it to supply to other end users.
Under 141 (3) of the new act , you're now in breach of the law for allowing someone else to create a "network unit" with you to provide a carriage service that you probably didn't know about.
This seems to be at odds with the fundamental idea of a "common carrier" not being responsible for how an end user uses the service.
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