[AusNOG] NBN Legislation

[Bevan Slattery]

I can see you're point now.  I'm trying to find the definition of "upgraded".  It's a nightmare.  I am also trying to figure out that if the network was pre-existing, but some parts were able to be Super Fast Broadband (SFBB) and some parts not able to be SFBB whether an upgrade on parts that weren't raise an issue for the parts that were.  Or whether the fact that if parts of the network are capable of being SFBB that this effectively grandfathers the entire network and any extensions or upgrades to parts that weren't SFBB?

I think this just highlights the fact this is simply bad legislation though.  So at best, existing players can continue to operate but the door to new entrants (innovators) is closed, yet at worst existing players may be left with stranded assets they are able to expand and upgrade.

Is there a lawyer in the house???

[b]



> -----Original Message-----
> From: Bevan Slattery
> Sent: Saturday, 27 November 2010 9:46 PM
> To: Bevan Slattery; James Andrewartha
> Cc: ausnog at ausnog.net
> Subject: RE: [AusNOG] NBN Legislation
> 
> 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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