[AusNOG] Comms Day on reviews of the Telecoms Act

Catchall support at twig.com.au
Tue Feb 18 17:01:16 EST 2014


ACMA is definitely needed for the "other" areas of its interest/control, 
namely radio..  Without our airwaves would be rife with interference..

ACCC is needed for its "other" areas of interest/control, like stopping 
monopolies stangle hard working small businesses.

Not all areas of interest/control are useless in these bodies.. But 
perhaps the lines of crossover are too blurred which makes seeing 
effective working practices hard to see...


Mal (VK2XFW)

*TWIG Solutions*
/Your Mobile Technology Partner./
*E-mail:* sales at twig.com.au *Phone:* 02 8004 2000
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On 18/02/2014 4:46 PM, Geordie Guy wrote:
> Why don't we keep the ACCC and get rid of ACMA?
>
>
> On Tue, Feb 18, 2014 at 1:01 PM, Narelle <narellec at gmail.com 
> <mailto:narellec at gmail.com>> wrote:
>
>     Opinion in CommsDay today comes out swinging against the ACCC and
>     some of the pillars of Australia's competition regulation. "[T]he
>     time may have come for the ACCC to vacate its role as the de facto
>     comptroller and consigliere for the Australian telecommunications
>     industry".
>
>
>     What would this mean for ACMA? Comms Day may be reading the govt
>     correctly, they may be not.
>
>
>     Thoughts?
>
>
>     Narelle
>
>
>
>     From Comms Day today
>
>     COMMENT BY GRAHAME LYNCH
>
>     *Is a new 2014 Telecommunications Act in the offing?*
>
>     Is the Federal government gearing up for the most far-reaching
>     overhaul of telecommunications legislation
>
>     and regulation in seventeen years---in effect, a new 2014
>     Telecommunications Act that replaces
>
>     the 1997 act and the telecommunications sections of trade
>     practices legislation?
>
>     That's certainly the implication of the messaging coming out of
>     Canberra over the past few days.
>
>     EXHIBIT A: Parliamentary secretary Paul Fletcher told parliament
>     last week "the current regulatory
>
>     framework is fundamentally based on a 1990s world of relatively
>     stable technologies and business
>
>     models which placed great emphasis on the predominance of the
>     fixed-line network---which was certainly
>
>     a valid assumption at the time. Since that time, of course, there
>     has been a steady accretion of
>
>     layer upon layer of rules and regulations. Some of these rules and
>     regulations are important for facilitating
>
>     competition but others are not of such evident value in 2014. It
>     is timely to ask whether the
>
>     policy objectives underpinning particular regulatory measures in
>     the communications sector remain
>
>     valid; if they do not, the case for those regulations being
>     retained is very difficult to see."
>
>     EXHIBIT B: The "framing" paper for the NBN cost-benefit review
>     released last Thursday night reads
>
>     less like a slight calibration of the status quo and more like the
>     type of paper one would release if one
>
>     was contemplating a complete "re-boot" of the entire policy and
>     legislative assumptions that underpin
>
>     the Australian telecommunications sector. It states that
>     "Australia is unusual in vesting responsibility
>
>     for economic regulation of telecommunications in a generalist body
>     whose responsibilities include
>
>     administration of the competition laws."
>
>     "Originally, the decision to transfer those powers to the ACCC was
>     based on the view that telecommunications- specific provisions
>     would merge over time into the national access regime established
>     under Part IIIA of then Trade Practices Act. However, no such
>     confluence has occurred nor
>
>     seems likely to occur, though it may well be that some aspects of
>     the current telecommunications provisions will eventually be
>     substantially streamlined. In the light of those considerations,
>     and of the
>
>     broader factors determining the efficient allocation of functions
>     in a regulatory system, the panel
>
>     would welcome views on whether the current allocation of
>     responsibilities should remain or alternatively,
>
>     what alternative approach would be preferable."
>
>     EXHIBIT C: The same framing paper invites a complete "re-think" on
>     the assumptions underlying
>
>     the NBN policy, which, of course, was the end-point of the open
>     access debate and policy evolution
>
>     that began in earnest as long ago as 2001 and accelerated in 2005
>     under Telstra's plea for regulatory
>
>     relief so it could build an FTTN network. Among the issues on the
>     table: should the NBN refrain
>
>     from overbuild of privately held networks that can achieve
>     NBN-level functionalities, should retail
>
>     service providers be able to buy equity in NBN Co, how should
>     cross-subsidies for loss making services
>
>     be best provided and most significantly, "What broader structural
>     model or models for the industry
>
>     should the panel consider"?
>
>     The corridors of power now host alternative intellectual
>     viewpoints to the access seeker-driven
>
>     "victim mentality" agenda that has dominated Australian telecom
>     policy for a decade.
>
>     The failure of the ACCC to adopt a consistent regulatory approach
>     that would provide predictability
>
>     and certainty for telecommunications network investors has been
>     well catalogued, especially in this
>
>     journal, but the regulator persists, oblivious to criticism. Now
>     taxpayers are potentially exposed to upwards of tens of billions
>     of dollars of liability simply so that My Little ISP Pty Ltd can
>     theoretically
>
>     play in the same league as Telstra and SingTel.
>
>     From 2002 or so, the ACCC acted as if making access seekers more
>     reliant on below-cost access to
>
>     Telstra's network would somehow reduce Telstra's dominance,
>     seemingly blind to the obvious endpoint
>
>     that the investment impasse this spawned provided limited short
>     term benefits to some citizens
>
>     as consumers (the million or two who took a slightly cheaper
>     Telstra-sourced, access-seeker resold
>
>     broadband service in urban areas) and a medium to long term cost
>     to all citizens as taxpayers (who are
>
>     exposed to the risk of the 100% government subsidised NBN and are
>     compelled to out lay tens of billions of dollars of compensation
>     to big bad Telstra).
>
>     On one hand we had the ACCC denying that it priced access too low,
>     even when at the same time
>
>     its own explanatory documents were affirming that it employed
>     pricing methodologies such as "retail minus' on already price
>     capped retail services precisely because they delivered the lowest
>     price outcome.
>
>     At the same time, it constantly shifted the methodology goal
>     posts, repeatedly deferring costs to
>
>     a future which would never arrive: a so-called "tilted annuity"
>     designed to reward access seekers with
>
>     short term prices well below their sustainable cost. A decade on,
>     the ACCC's cost models even now
>
>     only allow Telstra to recover costs at a monthly rate of between
>     $16 (ULL Band 2) and $24 (ADSL
>
>     Wholesale) per line when the copper network's actual replacement
>     network in the form of the NBN
>
>     has estimated it needed to earn $32 by as soon as next year and
>     above $50 within five years to meet
>
>     its own (likely over optimistic in itself) business plan.
>
>     This ongoing intellectual fraud persisted because of a policy
>     environment where a spectacularly
>
>     well-organised and articulate access seeker lobby successfully
>     equated their own interests with the
>
>     "public interest" and created a sense of constant crisis about the
>     regulatory regime and Telstra's
>
>     "dominance." Concerns over Telstra's dominance and likely
>     behaviour under privatisation also led to
>
>     a succession of regulations governing its service and connection
>     levels, at a potential cost of a billion
>
>     or more dollars relative to benefits.
>
>     The fact that the vast majority of Telstra access seekers and ISPs
>     whose business formation was inspired by the 1997 reforms have
>     sold out or merged for collective hundreds of millions of dollars in
>
>     shareholder return---nearly 20 such entities bought by iiNet
>     alone---demonstrates how over-egged this
>
>     sense of perpetual grievance and crisis was. Ditto, the
>     nationalisation of fixed network capital investment
>
>     and deal to provide tens of billions of dollars of NBN
>     compensation to Telstra has correlated
>
>     with a near doubling of Telstra's share price since 2010. So much
>     for crimping the 600 pound gorilla.
>
>     As Malcolm Turnbull memorably described it, one senses a
>     conspiracy against the taxpayer.
>
>     1997 ASSUMPTIONS CHANGE: Indeed, developments over the last 17
>     years have left behind the
>
>     best intentions of the 1997 Telecommunications Act. One obvious
>     change was the rise of broadband,
>
>     fuelled by the emergence of cheap Chinese-made DSLAMs, and the sea
>     change this created in the
>
>     layers where value is created over telecommunications
>     networks---that is, not just through end user
>
>     access charges, but through over-the-top services and serving
>     facilities in data centres.
>
>     Another was the rise of mobile tech to dominance and its ability
>     to offer substitutes to almost every
>
>     monetisable service hitherto monopolised by the fixed network.
>     Stephen Conroy, his advisers, bureaucrats
>
>     and industry supporters, were unfortunately so blindsided by fixed
>     access seeker and then
>
>     FTTH lobby rhetoric that they failed to react to these
>     developments, committing ever more public
>
>     policy attention and resource to the apparently vexing but
>     increasingly receding priority of vertical
>
>     integration and retail dominance in the fixed network access market.
>
>     Now the writing is on the wall for these decade-old homilies. The
>     new government appears determined
>
>     to deliver on red tape reduction in a way its predecessors under
>     Rudd, Gillard and Howard
>
>     did not---and the vast, unwieldy pot-pourri of 20th century
>     telecommunications legislation seems ripe
>
>     for dismantling. One of the chief dissenters from the received
>     wisdom over the past decade, Professor
>
>     Henry Ergas, now sits on the panel charged with providing primary
>     advice to government on what
>
>     new approach it should adopt, alongside some interesting
>     characters such as Alison Deans, who, as a
>
>     former Ebay executive, presumably brings a nuanced view of the
>     interplay between OTT, access, fixed
>
>     and mobile in the telecommunications ecosystem.
>
>     The new panel has already overtly signalled that the time may have
>     come for the ACCC to vacate
>
>     its role as the de facto comptroller and consigliere for the
>     Australian telecommunications industry.
>
>     Almost certainly the emphasis will be on compelling telecom
>     operators---and the private sector more
>
>     generally---to take on more of the risk, heavy lifting and reward
>     in building and delivering next generation
>
>     services. Lest this be seen as a fool's errand it should be
>     revealed that Telstra CEO David Thodey
>
>     and a representative of Optus' ultimate owner Temasek are meeting
>     with Federal Treasurer Joe Hockey
>
>     later this week to discuss how to unlock private sector capital
>     for infrastructure investment. Legislative
>
>     and regulatory incentives---and disincentives-- will almost
>     certainly be a topic for discussion.
>
>
>
>     -- 
>
>
>     Narelle Clark
>     president at isoc-au.org.au <mailto:president at isoc-au.org.au>
>     narellec at gmail.com <mailto:narellec at gmail.com>
>
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