[AusNOG] Megaport Suspends Accepting New Orders in PIPE DC's

John Lindsay johnslindsay at mac.com
Tue Jan 14 14:30:24 EST 2014


I hope TPG don't need access to any more buildings for the FTTB builds. 

John Lindsay

> On 14 Jan 2014, at 2:28 pm, David Bomba <turbo124 at gmail.com> wrote:
> 
> TPG have already succeeded in gaining access to locations using this part of the act.
> 
> TPG v Megaport is merely commercial activism to disrupt a competitors activities. 
> 
> 
>> On 14 January 2014 14:23, John Lindsay <johnslindsay at mac.com> wrote:
>> Imagine how good it will be for TPG's FTTB strategy if they win this?
>> 
>> Every building owner in Australia will say "sod off" when they try to gain access.
>> 
>> You win and you lose.
>> 
>> John Lindsay
>> 
>> > On 14 Jan 2014, at 2:18 pm, Luke Iggleden <luke+ausnog at sisgroup.com.au> wrote:
>> >
>> > My point was its a carrier to carrier dispute, I would have thought the TIO would be powerless for this. Time will tell.
>> >
>> > What's more interesting is what will pan out as a result of this and possibly set a precedent. Are co-located clients, who lease a space from a datacenter "occupiers" or not.
>> >
>> > By my definition of occupied they would be, but who knows, I'm not from legal counsel. Has this been tested in the past? @bev?
>> >
>> >
>> >> On 14/01/2014 2:11 pm, Patrick Cole wrote:
>> >> Luke,
>> >>
>> >> http://www.tio.com.au/about-us/policies-and-procedures/objections-to-land-access-activity
>> >>
>> >> The TIO seems to be the place to go with objections to land access notices
>> >> that cannot be resolved by other means.
>> >>
>> >> Pat
>> >>
>> >> Tue, Jan 14, 2014 at 01:07:15PM +1100, Luke Iggleden wrote:
>> >>
>> >>> Not sure what the TIO will do with this.
>> >>>
>> >>> Numerous items listed in their constitution seem to exclude them from
>> >>> looking into this:
>> >>>
>> >>> 4.3 The functions of the TIO do not extend to complaints relating to:
>> >>>
>> >>> (i)
>> >>> matters which may involve anti competitive behaviour or restrictive
>> >>> practices potentially in breach of the Trade Practices Act 1974;
>> >>> (j)
>> >>> matters which are specifically under consideration by the Australian
>> >>> Communications and Media Authority, the Australian Competition and
>> >>> Consumer Commission or any court or tribunal, or which have been
>> >>> considered by any of those bodies previously;
>> >>> (k)
>> >>> the content of a content service (as defined in The Telecommunications
>> >>> Act 1997); and
>> >>> (l)
>> >>> an alleged breach of an industry code or industry standard by a member
>> >>> of the Telecommunications Industry Ombudsman Limited, where the
>> >>> complaint is made by a member of the Telecommunications Industry
>> >>> Ombudsman Limited or another industry participant
>> >>>
>> >>> Doesn't handle inter-member disputes, doubt megaport is obliged to be a
>> >>> member of the TIO which may exclude them in l.
>> >>>
>> >>>
>> >>>> On 14/01/2014 12:40 pm, Bevan Slattery wrote:
>> >>>> Hi All,
>> >>>>
>> >>>> As the subject line says?
>> >>>>
>> >>>> http://www.megaport.com/blog/entry/megaport-temporarily-suspends-new-megaport-orders-from-pipe-networks-datacentres-1.html
>> >>>>
>> >>>> Email Friendly
>> >>>> http://bit.ly/1hkC82e
>> >>>>
>> >>>> Cheers
>> >>>>
>> >>>> [b]
>> >>>>
>> >>>>
>> >>>>
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