[AusNOG] NBN Legislation

[Bevan Slattery]

Let me give you some more examples to chew on:

Any HFC network owner such as looking to upgrade their network to DOCSIS 3.0
Any provider installing in-building DSLAM's delivering high speed broadband to residential towers using VDSL
Any provider installing in-building DSLAM's delivering high speed broadband to commercial buildings using VDSL
Any DSLAM provider considering upgrading their DSLAM's to be able to provide VDSL (particularly in inner metro)
Any provider installing GPON to residential communities or buildings
Any provider installing GPON to commercial buildings
Any provider offering Ethernet services over fibre and decides (due to necessity) to upgrade core/distribution/edge components
Any provider possibly offering bonded EFM services of greater than 25Mbps
*maybe* any Submarine Cable owner with network elements in Australia

[b]


> -----Original Message-----
> From: ausnog-bounces at lists.ausnog.net [mailto:ausnog-
> bounces at lists.ausnog.net] On Behalf Of Bevan Slattery
> Sent: Saturday, 27 November 2010 9:34 PM
> To: James Andrewartha
> Cc: ausnog at ausnog.net
> Subject: Re: [AusNOG] NBN Legislation
> 
> > -----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]
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