[AusNOG] Telstra flicks switch on high speed broadband network
newton at internode.com.au
Wed Feb 6 14:50:24 EST 2008
On 06/02/2008, at 1:47 PM, Paul Brooks wrote:
> So the ACCC has 'assured' the Minister, and the Minister 'has
> assured' Telstra, that such a decision to declare the ADSL service
> (including ADSL2+) will not happen, as the ACCC's past public
> statements are that they see no compelling reason to declare ADSL.
Interesting to look at the language the Minister used. If you parse
in the way he actually said it, you don't get assurances like that.
Rather, you get an ACCC chairman who has said:
> the ACCC has made a number of consistent public statements relating
> to the regulation of wholesale access to ADSL services
and the Minister using that to decide that:
> there is a high degree of regulatory certainty in relation to the
> ACCC's approach to wholesale ADSL2+ services
Note that the Minister didn't say that the ACCC chairman told him
about regulatory certainty. The Minister reported that the ACCC
said something totally orthogonal to the matter of whether or not
would get the regulatory certainty it was looking for.
It's often interesting to examine these kinds of statements by looking
what wasn't said, as well as what was.
Because the way it looks to me is that the Communications Minister and
Telstra have ganged-up on the ACCC, trying to force their will as a
fait accomplis. At the end of the day, the Communications Minister can
say whatever he likes about regulatory certainty, but the Trade
Act doesn't give him (or any other Minister) the authority to promulgate
determinations like this.
It'll be very interesting to see what the ACCC has to say about that
next few days. In particular, if the ACCC has made a decision, why
it announced under their letterhead by Graeme Samuels? Are they likely
to be just as surprised about this outcome as we have been?
Mark Newton Email: newton at internode.com.au
Network Engineer Email:
newton at atdot.dotat.org (H)
Internode Systems Pty Ltd Desk: +61-8-82282999
"Network Man" - Anagram of "Mark Newton" Mobile: +61-416-202-223
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