[AusNOG] Screw the NBN, says TPG: We’ll do our own FTTB

[Paul Brooks]

On 17/09/2013 2:09 PM, Grahame Lynch wrote:
> This is what the legislation says:
>
> /A network unit that belongs to a telecommunications network (other than the
> national broadband network) must not be used to supply a fixed-line carriage service
> if: /

However S141C:
> *Certain installations and connections are not taken to be an extension, alteration
> or upgrade*
>
>                    For the purposes of this Part, if:
>
>                      (a)  a line
> <http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#line> is or was
> installed for the purposes of connecting particular premises to a telecommunications
> network
> <http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#telecommunications_network>;
> and
>
>                      (b)  the installation of the line
> <http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#line> enables
> or enabled the occupier of the premises to become a customer in relation to carriage
> services
> <http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#carriage_service>
> supplied using the network; and
>
>                      (c)  the premises are in close proximity to a line
> <http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#line> that
> forms part of the infrastructure of the network; and
>
>                      (d)  the network is capable of being used to supply a superfast
> carriage service
> <http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s142a.html#superfast_carriage_service>;
> and
>
>                      (e)  the network came into existence before 1 January 2011;
>
> neither the installation of the line
> <http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#line> mentioned
> in paragraph (a), nor the connection of the premises, is taken to be an extension,
> alteration
> <http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s142a.html#alter> or
> upgrade
> <http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s142a.html#upgrade> of
> the network.
>
So if the main  fibre trunk cable was already passing the building prior to 1 January
2011, they could extend it into the basement and claim it was already "in close
proximity" to the building, so is not an extension, alteration or upgrade - so isn't
required to provide a L2 bitstream service.

Similarly S141B allows new network extensions of less than 1 kilometre to be allowed,
provided the network being extended existed prior to 1 Jan 2011.

Somehow, I suspect they've covered these things off before making the announcement.

P.

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