[AusNOG] Screw the NBN, says TPG: We’ll do our own FTTB

Nick Gale nickgale at gmail.com
Tue Sep 17 17:44:23 EST 2013


Are you saying we should have the ability for NBN competitors? If so why?

------------------------------------------------
*Nick Gale*
*
T:* (08) 9425 5029*
E:* nick.gale at westernpower.com.au

*E:* nickgale at gmail.com

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On 17 September 2013 15:42, Paul Wallace <paul.wallace at mtgi.com.au> wrote:

> That reads like a string argument and thanks for that Paul.
>
> notwithstanding the above, the simple point I was trying to make was that
> this legislation should never have ever been contemplated in the first
> place and should now be reversed.
>
> Stephen Conroy should then be investigated for negligence.
>
>
>
>
> On 17/09/2013, at 5:29 PM, "Paul Brooks" <pbrooks-ausnog at layer10.com.au>
> wrote:
>
> On 17/09/2013 2:09 PM, Grahame Lynch wrote:
>
>  This is what the legislation says:
>
> *A network unit that belongs to a telecommunications network (other than
> the national broadband network) must not be used to supply a fixed-line
> carriage service if: *
>
>
> However S141C:
>
> *Certain installations and connections are not taken to be an extension,
> alteration or upgrade*
>
>                    For the purposes of this Part, if:
>
>                      (a)  a line<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#line>is or was installed for the purposes of connecting particular premises to a telecommunications
> network<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#telecommunications_network>;
> and
>
>                      (b)  the installation of the line<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#line>enables or enabled the occupier of the premises to become a customer in
> relation to carriage services<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#carriage_service>supplied using the network; and
>
>                      (c)  the premises are in close proximity to a line<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#line>that forms part of the infrastructure of the network; and
>
>                      (d)  the network is capable of being used to supply a superfast
> carriage service<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s142a.html#superfast_carriage_service>;
> and
>
>                      (e)  the network came into existence before 1 January
> 2011;
>
> neither the installation of the line<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#line>mentioned in paragraph (a), nor the connection of the premises, is taken to
> be an extension, alteration<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s142a.html#alter>or
> upgrade<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s142a.html#upgrade>of the network.
>
> So if the main  fibre trunk cable was already passing the building prior
> to 1 January 2011, they could extend it into the basement and claim it was
> already "in close proximity" to the building, so is not an extension,
> alteration or upgrade - so isn't required to provide a L2 bitstream service.
>
> Similarly S141B allows new network extensions of less than 1 kilometre to
> be allowed, provided the network being extended existed prior to 1 Jan 2011.
>
> Somehow, I suspect they've covered these things off before making the
> announcement.
>
> P.
>
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