[AusNOG] NBN Legislation

Dmitri Kalintsev dek735 at gmail.com
Sat Nov 27 11:11:50 EST 2010


Bevan et al,

My reading of this says that the intent appears to be to ensure that:

- If you're building new infrastructure, it will need to be capable of
providing L2 service (for example, you can't buy a wholesale L2 over HFC
today);

- If you've re offering a high-speed L2 service, it meets at least base set
of requirements (which are to match those of NBN Co, and judging from the
technical product descriptions they have released to date, this should not
be very hard);

Also, it appears to me that you're free to offer however complex and
advanced L2 services *in addition* to the said "base bitstream L2 service"
and price them as you wish. Here's your differentiation - differentiate
away, as longs as you *also* offer a base service, at a regulated price
point. I think this might actually help innovation, rather than hamper it.

Then again, I'm not a lawyer either.

Regarding Bevan's example with fibre in the basement - if my interpretation
is correct, then you're free to add a switch and provide a service, as long
as in doing so you're *also* establishing an ability to provide a "new
world-compliant" service to a potential wholesale purchaser, wishing to
serve somebody (else?) in the same building with a "universal bitstream L2
service" which he then would be able to buy from you at the regulated price.

-- D

On Fri, Nov 26, 2010 at 10:33 PM, Bevan Slattery
<Bevan.Slattery at nextdc.com>wrote:

> On top of that - ACMA/ACCC will be deciding on what products and technical
> standards everyone will use (loss of innovation) and everyone must offer
> non-discriminatory pricing even though the competitive infrastructure
> providers have 'risked' their capital to build these networks.  Pricing
> regime will also be regulated along with any volume discounts.  You can go
> to any provider and get the same vanilla service as determined by the
> Government and NBN Co..  So with innovation and product differentiation
> removed, those that have the cheapest cost of equity/debt will win.  And
> it's not hard to guess who that is.
>
> This is simply economic and technical communism.  Welcome to the new world
> order.
>
> [b]
>
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