[AusNOG] NBN Legislation

[Dmitri Kalintsev]

On Sat, Nov 27, 2010 at 2:21 PM, John Edwards <john at netniche.com.au> wrote:

>
> 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.
>

The way I read it (following the link you've provided), that you're in
breach only *if* you're *not* offering *L2 bitstream services* using your
network (at all or in this particular location? I'm not sure). In case where
you have fibre in the basement, you likely *can* provide an L2 bitstream
service to a customer who asks (unless you're only offering DF services and
say IP VPN, but not Ethernet), therefore I think there should be no problem.

And yeah, the service that you need to be able to supply should be compliant
with the Division 5A, "Technical Standards", whatever they will turn out to
be.

Also, by reading the definition of "superfast carriage service":

                     *superfast carriage service* means a carriage service,
where:

                     (a)  the carriage service enables end-users to download
communications; and

                     (b)  the download transmission speed of the carriage
service is normally more than 25 megabits per second; and

                     (c)  the carriage service is supplied using a line to
premises occupied or used by an end-user.


it looks to me like DF may be exempt, as it does not directly enable
end-users to "download communications" (oh, boy), as a fair bit more
additional infrastructure is required before they can start with their
"downloads" (undoubtedly, from the portal chock-full of spams and scams) ;)
-- Dmitri
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