[AusNOG] NBN Legislation

[Bevan Slattery]

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.

item (c) implies this issue only affects access networks - it doean't affect long-haul networks, or anything that runs between datacentres, or any international link (I'm not aware of any international cables that terminate in an end-users bedroom.), or any link between two carriers or CSPs.


I can't immediately see how (c) explicitly removes the risk that long-haul network and international links as I don't think end-user is a defined term (otherwise it would be capitalised).  An end user from a submarine cable operators perspective is usually a wholesale carrier, ASP, Systems intergrator or in some cases corporate client.  Ultimately from the point the submarine cable hits the territorial waters it is a carriage service (and carriers use Schedule 3A to gain access).  It then goes to a premises (landing station) which is sometimes occupied by an end user (collocated customer).  I agree it would seem what the intention would is, but I don't feel I sufficiently captures it.  It does not say "using a line to premises *exclusively* occupied or used by an end user".

Also as an fyi, from a person who has considerable experience in issuing Land Access Notices under Schedule 3 of the Telecommunications Act, I have successfully argued that a company that has a rack within a datacentre is technically and legally occupying that space and fits the definition of an "occupier" under the Telecommunications Act, even though they do not have a registered lease to occupy, nor are the sole occupier of land.
If the word *exclusively* was in (c) then it would be consistent with that you are saying.
[b]
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