[AusNOG] Megaport Suspends Accepting New Orders in PIPE DC's

Patrick Cole z at amused.net
Tue Jan 14 14:27:34 EST 2014


IMHO, it's not relevant as to whether TPG is a carrier in this context.  

At the end of the day, Megaport is trying to get access to their building 
to install equipment and the owner is objecting.  

I do find it hard to believe there is an argument to suggest that the 
people renting space in the DC are not occupiers.   But TPG is pretty 
ruthless and I'm sure they're paying some swish lawyers that believe they
have a solid argument.  

Pat

Tue, Jan 14, 2014 at 02:18:06PM +1100, Luke Iggleden wrote:

> My point was its a carrier to carrier dispute, I would have thought the 
> TIO would be powerless for this. Time will tell.
> 
> What's more interesting is what will pan out as a result of this and 
> possibly set a precedent. Are co-located clients, who lease a space from 
> a datacenter "occupiers" or not.
> 
> By my definition of occupied they would be, but who knows, I'm not from 
> legal counsel. Has this been tested in the past? @bev?
> 
> 
> On 14/01/2014 2:11 pm, Patrick Cole wrote:
> >Luke,
> >
> >http://www.tio.com.au/about-us/policies-and-procedures/objections-to-land-access-activity
> >
> >The TIO seems to be the place to go with objections to land access notices
> >that cannot be resolved by other means.
> >
> >Pat
> >
> >Tue, Jan 14, 2014 at 01:07:15PM +1100, Luke Iggleden wrote:
> >
> >>Not sure what the TIO will do with this.
> >>
> >>Numerous items listed in their constitution seem to exclude them from
> >>looking into this:
> >>
> >>4.3 The functions of the TIO do not extend to complaints relating to:
> >>
> >>(i)
> >>matters which may involve anti competitive behaviour or restrictive
> >>practices potentially in breach of the Trade Practices Act 1974;
> >>(j)
> >>matters which are specifically under consideration by the Australian
> >>Communications and Media Authority, the Australian Competition and
> >>Consumer Commission or any court or tribunal, or which have been
> >>considered by any of those bodies previously;
> >>(k)
> >>the content of a content service (as defined in The Telecommunications
> >>Act 1997); and
> >>(l)
> >>an alleged breach of an industry code or industry standard by a member
> >>of the Telecommunications Industry Ombudsman Limited, where the
> >>complaint is made by a member of the Telecommunications Industry
> >>Ombudsman Limited or another industry participant
> >>
> >>Doesn't handle inter-member disputes, doubt megaport is obliged to be a
> >>member of the TIO which may exclude them in l.
> >>
> >>
> >>On 14/01/2014 12:40 pm, Bevan Slattery wrote:
> >>>Hi All,
> >>>
> >>>As the subject line says?
> >>>
> >>>http://www.megaport.com/blog/entry/megaport-temporarily-suspends-new-megaport-orders-from-pipe-networks-datacentres-1.html
> >>>
> >>>Email Friendly
> >>>http://bit.ly/1hkC82e
> >>>
> >>>Cheers
> >>>
> >>>[b]
> >>>
> >>>
> >>>
> >>>_______________________________________________
> >>>AusNOG mailing list
> >>>AusNOG at lists.ausnog.net
> >>>http://lists.ausnog.net/mailman/listinfo/ausnog
> >>>
> >>
> >>_______________________________________________
> >>AusNOG mailing list
> >>AusNOG at lists.ausnog.net
> >>http://lists.ausnog.net/mailman/listinfo/ausnog
> >>
> >
> 

-- 
Patrick Cole <z at wwwires.com>
Senior Network Specialist
World Without Wires
PO Box 869. Palm Beach, QLD, 4221
Ph:  0410 626 630


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