[AusNOG] Office Link Needed (Fibre or alike) Sydney

[Paul Wallace]

in relation to 3. ....

The TIO will make the Carrier withdraw their facility if the Carrier cannot show that they've only installed after providing proper notice pursuant to the Act & the Code.

N.B. The TIO's has the power to bind the Carrier but does NOT have any power to bind landowners.

-P



From: AusNOG [mailto:ausnog-bounces at lists.ausnog.net] On Behalf Of Bevan Slattery
Sent: Friday, 23 October 2015 9:11 AM
To: Jonathan Brewer; Christopher Pollock
Cc: AusNOG Mailing List
Subject: Re: [AusNOG] Office Link Needed (Fibre or alike) Sydney

Ok here's how it goes.

1.  Carriers can use their carrier powers to ignore cross-connects from DC operators and install all the way to the customer premises.  Caveats to this is where the carrier has come to a commercial arrangements with the DC operator which over-rides Schedule 3 rights.  Also some DC operators make is a condition of colo that the customer can only accept interconnects from the DC operator.  This doesn't stop the carrier from installing, but it may stop the customer from accepting.  There is also some issues for DC operators aiming to restrict customers around "bait and switch" and possibly third line forcing that can come into play from an ACCC perspective, but that's for another day.
As a carrier we always leave "nothing in this agreement limits the our Schedule 3 rights" for example.  I generally use the DC operators cabling, but this is there in case they go feral and we need to go to war.

2.  Carriers have rights to enter buildings for the delivery of in-building subscriber purposes.  Carriers have rights to use risers (not just telecom), MDF rooms, building basements and now even have rights to access power.  This could even have a flow on effect to DC operators (interestingly).  Some issues around heritage and native title.
Court Case between NBN Co v PIPE is here:  http://ipblog.tglaw.com.au/case-study-nbn-co-v-pipe-networks-2015-nswsc-475

PIPE v 101 Collins St in which PIPE won - http://www.claytonutz.com/publications/edition/23_may_2013/20130523/facilities_access_case_sets_precedent_that_could_help_carriers_avoid_costs.page
PIPE won the case BUT the NBN was happy with that decision - because now the NBN can rollout their FttN Nodes in the building MDF at no cost, access their power and point the building owner to this case law as a way to shut down the owner from trying to extort money from them.

3.  If a carrier incorrectly installs a service across a room without either notification or approval and it is delivering a telecommunications service the building owner does not have the right to interupt that service unilaterally.  That is a Federal offence under the Crimes Act.

4.  Notify - order removal (sometimes involves trespass) and if not then go to court.  BUT the interference of a telecommunications service is a Federal crime.

5.  Normally under Schedule 3 there is a notification process to go into a building and install services.  The only caveats to that are if it is for the supply of services for someone like Defence, the service is down or at risk of breaking service level.  Yes - in some very limited cases carriers probably do have the right to run a 100m patch lead across a DC floor without notice to the DC operator if there is an SLA issue.  Keep that in the back pocket for a rainy day...

Cheers

[b]

From: Jonathan Brewer <jon.brewer at gmail.com<mailto:jon.brewer at gmail.com>>
Date: Friday, 23 October 2015 7:29 am
To: Christopher Pollock <cpollock at twitch.tv<mailto:cpollock at twitch.tv>>
Cc: "ausnog at ausnog.net<mailto:ausnog at ausnog.net>" <ausnog at ausnog.net<mailto:ausnog at ausnog.net>>
Subject: Re: [AusNOG] Office Link Needed (Fibre or alike) Sydney

Questions & comments, if the audience pleases, to help me better understand Australian law.

On 23 October 2015 at 06:31, Christopher Pollock <cpollock at twitch.tv<mailto:cpollock at twitch.tv>> wrote:


Now, to explain a little about how public datacentres often work, generally the colo provider would charge you an exorbinant amount to install cabling between racks or to run patch leads, in the thousands.

This is how exchanges are run in NZ. You don't get to cross connect by yourself. But that's commerce, isn't it? The hotel owner makes the rules. If they don't want you partying in the hallways, you don't do it, or you get thrown out of the hotel. Or is it different in Australia?


However, anyone with a carrier license & cabling license and the right tools could run up their own in 15 minutes. This happened many times. Thousands of times. I would not be underestimating it to say that there were at least 5,000 unregulated, unregistered cables in that datacentre floor.

This sounds like madness to me. It happens at Sky Tower Auckland, which is just hideous - and the last place one would want to run a non-radio production service. How does a carrier license and cabling license allow you to treat private property any way you want? Does your carrier license allow you to cross connect to another carrier in my back-yard? Can you just string cables anywhere in Australia you want? These are serious questions.



Me: WHAT ARE YOU DOING STOP
DC Tech: I'm removing the inactive and unauthorised patches. I have an order from management to do it.
Me: ARE YOU A F**KING IDIOT? DO YOU REALISE THAT THESE ARE ACTIVE TELECOMMUNICATIONS SERVICES AND THAT INTERFERING WITH OR DISCONNECTING THEM IS A FEDERAL OFFENSE UNDER THE TELECOMMUNICATIONS ACT 1997!?

What happens in the case an "Active Telecommunications Service" is run in a way that impinges on property rights? Or is run in a way that compromises the safety of a facility? Or a street? Is there some legal precedence? Has anyone ever been prosecuted under this Telecommunications Act 1997 for removing bad cabling?

Finally, I had the unique opportunity to help out at bdNOG in Dhaka earlier this year. Hats off to Bangladesh, who in six years have gone from 0.5m Internet users to 43m Internet users. But the cabling... it's like your data centre. Local ISPs just do whatever they want. Unregulated, unregistered cables everywhere. And it looks like this: https://www.dropbox.com/s/rsh3kt3muuj8q5f/2015-05-19%2008.40.29.jpg?dl=0

-JB
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