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

Tue Jan 14 15:07:43 EST 2014

We have been on the receiving end of the low impact provisions in the act, due mainly to the fact that we have one of the tallest building in our CBD region.

It is my belief that the owner of the building can only object if there is not enough physical space or would create an engineering/structural integrity issue.

We have a number of carriers on our roof, the backhaul to those carriers are sometimes provided by a third party. Similar kind of arrangement but we usually receive the notification from the carrier instead of the third party for the works.

If the customers of Pipe DC's are also themselves a carrier they may be able to request a Megaport connection on behalf?

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Chris Gibbs
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From: AusNOG [mailto:ausnog-bounces at lists.ausnog.net] On Behalf Of Jake Anderson
Sent: Tuesday, 14 January 2014 2:40 PM
To: John Lindsay; David Bomba
Cc: ausnog at lists.ausnog.net
Subject: Re: [AusNOG] Megaport Suspends Accepting New Orders in PIPE DC's

You will probably find that the argument is made from TPG that as no *humans* "occupy" that space it is not occupied any more than you "occupy" your post office box.

Not saying i agree, but that would likely be the crux of their argument.

I hope that the TIO side with megaport as the intent of the act is to provide customers with ready access to telecoms in the face of opposing building owners.
The customers not living/working there being beside the point.

Has anybody used this part of the act to get stuff run to equipment?
IE mobile phone antenna, or weather station or whatever?

On 14/01/14 14:30, John Lindsay wrote:
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<mailto: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<mailto: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<mailto:luke%2Bausnog 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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