[AusNOG] Datacenters Melbourne, Sydney and Brisbane

[Bevan Slattery]

Dear Ausnogers,

As everyone would know, we (and others) have been experiencing some
issues with AAPT with respect to telehousing.   AAPT Spokesperson, David
Havyatt penned a letter to Commsday Editor regarding recent coverage of
the issue.  Mr Havyatt made some statements which were, in my opinion,
not entirely accurate.

As such I wrote a letter to the editor this afternoon assisting in
clarifying what is going on.

Up until now there has been little discussed publicly on the matter,
however with Mr Havyatt's comment made in public, PIPE Networks has
decided to respond to those claims publicly.  Mr Havyatt's comments are
in quote form.

If AAPT believes anything in this to be inaccurate, then of course, I
welcome their response to the list.

Cheers

[b]

PS:  Simon Hackett wrote a similar letter to the Editor in response to
the article articulating Internode we also issued a termination notice.

************************************************************************
**********************
Response to David Havyatt's article to Commsday

I read with interest Mr Havyatt's comments to Commsday on Thursday in
which he made a number of claims about AAPT's operations and I thought
it appropriate to assist Mr Havyatt in providing further clarification
to some of the points he has raised.  Please understand that the
responses are to clarify PIPE's position with AAPT and not other
carriers which maybe effected.

"At the time of its earlier foray into this field, AAPT advised
Communications Day that it is wrong to draw conclusions about the entire
operation of our company based merely on the comments of providers with
whom we are having commercial negotiations.  The earlier report has been
expanded this month to suggest that AAPT had "effectively forced
carriers....to vacate their data centre tenancies".

On 30 August 2006, PIPE received a letter from AAPT terminating each of
the Telehousing Agreements between AAPT and PIPE.  At the same time PIPE
received a letter from AAPT indicating AAPT would now not be willing to
enter into a Facilities Access Agreement with PIPE.  We were required to
remove all our equipment from AAPT facilities by 30 November, 2006.

"For the record, AAPT has not changed its policy in regard to our data
centres"

That would also seem rather inaccurate.  In an email to PIPE Networks
back in 2004 AAPT clarified it's cross connect policy and procedure
between other operators within it facilities.

"and we continue to be an enthusiastic provider of wholesale services to
other service providers."

AAPT no longer allows PIPE Networks to interconnect with other providers
in their facilities.  That would seem to be a change in policy, or
perhaps it is a policy that only applies to a select few.  Furthermore,
I'm assuming "other providers" would mean other than those who's
telehousing agreements have been terminated.

"AAPT has advised a small number of collocated carriers that they have
been using the space in our facilities for purposes outside the terms of
their contracts with us."

PIPE Networks as far as I'm aware, has never been formally notified of
any breach of our telehousing agreements with AAPT, or that we are using
the facilities 'outside the terms' of our contract.  Our most recent
representative from AAPT said that telehousing is only provided for 'the
sole purpose of connecting to AAPT', however our agreement and AAPT's
historical knowledge and approval of our activities and it's
representatives would seem to indicate this is not the case.

Is AAPT's position now that cross-connecting between providers other
than AAPT is not pemitted within their facilities?  Then why is a
cross-connect order section included on the AAPT telehousing agreements?
Why have AAPT on many occasions installed cross-connects on PIPE
Networks behalf?

"In all cases we have sought to negotiate a suitable outcome that would
enable the carriers to remain within our facilities."

AAPT have indeed offered PIPE Networks space within AAPT, however to use
their words

"As stated previously AAPT is OK to provide Pipe with space in our
carrier "rooms" for the purpose of interconnect services between AAPT
and Pipe."

We have not been able to get pricing for such space and AAPT have
advised there will be a 'cost' for cross-connecting to AAPT which may
include an installation and monthly charge which has not yet been
determined.  Furthermore, we would no longer be able to offer our
peering or Datacentre Connect Interconnect/Ethernet services to our
existing customers within their facilities.  For us and our customers in
these facilities, it's a hallow offer which is of little substance or
use to those affected.

"I would invite any wholesale customer of AAPT who is concerned as a
result of these recent articles in Communications Day to talk to AAPT
directly about AAPT's ongoing commitment to serve their business,
including the provision of telehousing services."

Again, I can only assume the offer is open to the wholesale telehousing
customers who have not had their telehousing contracts terminated.

Bevan Slattery
Managing Director
PIPE Networks

************************************************************************
****************