[AusNOG] NBN Legislation

[Bevan Slattery]

Hi Everyone,

You guys really need to understand why the a number of us have been fighting against the recreation of a new national monopoly without a cost-benefit analysis.  As of today the entire telecommunications industry is now restricted from upgrading their existing networks or installing new networks.

If I were Optus, AAPT, PIPE, Transact, Nextgen, Neighbourhood Cable, any FttH provider or any fixed line infrastructure based carrier I would know what my thoughts on this were.  No more upgrade of HFC, GPON, Basic Ethernet etc. etc..

So with the exception of Dark Fibre and some PtP services everything looks to be captured under the new regime. 

Welcome to the Governments version of "NBN is about providing greater competition".

[b]

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In this context, the Access Bill seeks to amend the Tel Act to place specific technical
and open access requirements on carriers who build or upgrade fixed-line superfast
access networks after 25 November 2010, the date of the Access Bill's introduction
into the Parliament.

There are three main parts to these arrangements:
First, provision is made to simplify the making of industry codes and standards under
Part 6 of the Tel Act in relation to fibre infrastructure and services. These provisions
are set out in Part 1 of Schedule 1 to the Access Bill (items 12 to 16). This provides a
mechanism for codes and standards based on NBN Co specifications to be developed.
Codes are developed by industry bodies like the Communications Alliance. Standards
can be made by the Australian Communications and Media Authority (ACMA).
Application of such codes and standards based on NBN Co specifications would lead
to new FTTP networks being consistent with the technical specifications for the NBN.

Second, where a telecommunications network (other than the NBN) comes into
existence or is altered or upgraded, after 25 November 2010, to supply or be capable
of supplying a superfast carriage service to customers, other than individual
government or corporate end-users, that network must offer a Layer 2 bitstream
service. These provisions are set out in Part 3 of Schedule 1 to the Access Bill (items
86 to 88). A Layer 2 bitstream service is a basic connectivity service, of a wholesale
nature. A superfast carriage service is defined as carriage services with a download
transmission speed normally of more than 25 Mbps. This rule would apply to any type
of fixed line network, whether it be FTTP, hybrid fibre-coaxial (HFC) or fibre-to-thenode
(FTTN). The rule would not apply, however, to point-to-point connections
provided to single individual government or corporate end-users or proprietary
networks (consistent with recommendation 73 of the NBN Implementation Study). To
support these arrangements the ACMA will be able to make technical standards
relating to Layer 2 bitstream services.

Third, the Layer 2 bitstream service that would have to be made available on these
new or upgraded designated superfast telecommunications networks would be subject
to access rules based on those applying to services supplied by NBN Co. These
provisions are set out in Part 3 of Schedule 1 to the Access Bill (items 89 to 114). The
ACCC would need to declare a specified Layer 2 bitstream service as soon as
practicable. The Layer 2 bitstream service would need to be supplied on a nondiscriminatory
basis, subject to the same kinds of exceptions as apply in relation to
services provided by NBN Co. Activities related to the supply of the service would be
subject to non-discrimination requirements, either set out in an SAU or the statute.
Any volume discounting would need to be covered in an SAU. Any access
agreements varying from an SAU or an access determination would need to be lodged
with the ACCC for publication.