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

[Paul Wallace]

I can see it now ...

Q: Minister Conroy, .. why build an NBN?

A: If the government doesn't build it no one else will.

Q: so .. er, why do you need legislation preventing competition?

A: What are you .. a f$&:5$@/3$&!ing Turnbull supporter?!

!!!

!!!




On 17/09/2013, at 5:37 PM, "Grahame Lynch" <grahamelynch at commsdaymail.com<mailto:grahamelynch at commsdaymail.com>> wrote:

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<mailto: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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