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

[Grahame Lynch]

They actually talked about it Paul in their verbal commentary today and say
they think they are covered but just in case they are prepared to provide
open access or cap speeds at 24Mbps just in case.

Yes there are exemptions in the law but they are ambiguous and clearly the
spirit of the legislation was to prevent an overbuild equating to 7-10% or
so of the population. The point is they aren't completely 100% sure of
where they stand - clearly expanding superfast broadband capable tails to
half a million apartments could conversely be viewed as an "*extension,
alteration or upgrade".

*
*Or put it another way; doubt they would have announced this if Conroy was
still the minister....
*




On 17 September 2013 14:28, Paul Brooks <pbrooks-ausnog at layer10.com.au>wrote:

>  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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