[AusNOG] NBN Legislation

[Mark Smith]

On Fri, 26 Nov 2010 09:38:34 +0000
Bevan Slattery <Bevan.Slattery at nextdc.com> wrote:

> 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".
> 

http://fee.org/library/books/economics-in-one-lesson/

II. The Broken Window

XVII. Government Price-Fixing



> [b]
> 
> **************************************************************
> 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.
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