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

[Jake Anderson]

Because if you don't then private enterprise will build a bunch of 
little fiefdoms where it will be uneconomical for anybody else to try to 
take market share with diminishing returns, and as a bonus all those 
areas in "the bush" that the population as a whole is rather fond of 
won't get any services at all because its not "economic" to do so.

On 17/09/13 18:09, Paul Wallace wrote:
> 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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