[AusNOG] NBN legislation - submissions due tomorrow

[Grahame Lynch]

That's interesting Paul because we were being briefed from certain quarters
that the volume discount provision would be dropped. But there is is in
BLACK and WHITE

On 23 February 2011 13:37, Paul Brooks <pbrooks-ausnog at layer10.com.au>wrote:

>
> 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.
>
>
> _______________________________________________
> AusNOG mailing list
> AusNOG at lists.ausnog.net
> http://lists.ausnog.net/mailman/listinfo/ausnog
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ausnog.net/pipermail/ausnog/attachments/20110223/3a2d2b60/attachment.html>