[AusNOG] NBN legislation - submissions due tomorrow

[Paul Brooks]

While we're all debating the economics of DSL vs NBN fibre, most here might be aware
that the period for comments on the draft NBN changes to the Telecommunications Act
(the 'anti-cherry-picking amendments' :-)  and the Competition and Consumer Act (the
old Trade Practices Act) amongst others are due tomorrow.

See http://www.aph.gov.au/Senate/committee/ec_ctte/nbn_bills/index.htm and the bill
itself at
http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillhome%2Fr4496%22

I'm working on a submission, but want to bring your collective attention to the
following proposed paragraph, and others throughout the proposed legislation in case
you hadn't seen it in black-and-white before - the 'big customers can get discounts'
clause : - I only saw it properly last night.

In Section 3, page 56 of the PDF:

*152ARA**  Layer 2 bitstream services to be supplied on a non-discriminatory basis

*[cut]*

*
>              (4)  The rule in subsection (1) does not prevent discrimination if:
>
>                      (a)  the discrimination aids efficiency; and
>
>                      (b)  all access seekers with like circumstances have an equal
> opportunity to benefit from the discrimination; and
>
>                      (c)  in a case where the discrimination involves a discount,
> allowance, rebate or credit given or allowed, or offered to be given or allowed, on
> the condition that the access seeker acquires, or agrees to acquire, a particular
> volume, number, quantity or amount of goods, services or other things:
>
>                               (i)  a special access undertaking given by the carrier
> or carriage service provider is in operation; and
>
>                              (ii)  the discount, allowance, rebate or credit is in
> accordance with terms and conditions specified in the undertaking.
>

...Just in case there are some people on the list that might want to rush up a
submission - in the interests of their future operational efficiency, naturally.

-- 
Paul.

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