[AusNOG] NBN Legislation

[John Edwards]

On 26/11/2010, at 10:15 PM, Bevan Slattery wrote:
> 
> So if I had fibre in the basement of the building and went to provision a service to you on L4, is the act of extending the in-building component and adding a 1G switch on the end get captured?  I *think* so.  Can anyone tell me otherwise?

I think so too, but I doubt this will affect smaller carriers. There's an allowance to discriminate on the grounds of "inefficiency" or to require certain volumes. You're going to need a lot of fibres in a lot of basements to make it worth someone's time and money to interconnect and demand service.

I'm not sure how an upgrade can be enforced either - who's the record keeper of when a component is upgraded or even built? Are the police going to conduct random basement checks? Are managed switches going to be subject to a licencing regime? Will network engineers get prescription pads?

What might be a greater injustice is where you have a fibre in the building, and a 3rd party buys a service from you and provisions a switch on the end of it to supply to other end users.

Under 141 (3) of the new act [1], you're now in breach of the law for allowing someone else to create a "network unit" with you to provide a carriage service that you probably didn't know about.

This seems to be at odds with the fundamental idea of a "common carrier" not being responsible for how an end user uses the service.

John

[1] http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbills%2Fr4496_first%2F0001%22;rec=0#fb8f8bb384d4492e99bf1f0af1412313