[AusNOG] NBN Legislation

[Bevan Slattery]

> -----Original Message-----
> From: James Andrewartha [mailto:trs80 at ucc.gu.uwa.edu.au]
> Isn't that exempt under the following?
> 
> "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, ..."

Have a read of the actual clause and let me know what your interpretation is.  It's a network that is used *or is capable of being used*.  It is where the "network" is not used *wholey* to supply carriage services.

Sure seems captured to me.

[b]

For the purposes of this Part, if:
                     (a)  a telecommunications network is used, or is capable of being used, to supply one or more Layer 2 bitstream services to customers, or prospective customers, in Australia; and
                     (b)  the network is used, or is capable of being used, to supply a superfast carriage service to customers, or prospective customers, in Australia; and
                     (c)  the network is not the national broadband network; and
                     (d)  either:
                              (i)  the network came into existence after 25 November 2010; or
                             (ii)  the network was altered or upgraded after 25 November 2010 and, as a result of the alteration or upgrade, the network became capable of being used to supply a superfast carriage service to customers, or prospective customers, in Australia; and
                     (e)  the network is not used wholly to supply carriage services to a single end-user, where that end-user is:
                              (i)  a public body (within the meaning of the Telecommunications Act 1997 ); or
                             (ii)  a company;
the network is a designated superfast telecommunications network .

To my (non-legal) reading, it's captured.

[b]