[AusNOG] Legal Challenge To Meta Data Laws

[Andrew Kitchen]

In relation to the NBN Laws I would tend to argue with you…. Yes it was done to create a equal level playing for the industry so that everyone could buy access at the same price…. What should have happened is when Telstra was being separated the physical network or NDC should have remained in government hands and everyone should have been able to get access at the same price…. I don’t see this as a bad thing in principal however like everything NBN Co is structuring things so that only people with large amounts of cash can setup direct connection with NBN Co and jump through all the hoops too….

I am hoping the discussion around a Not For Profit NBN Access supply which were promoted on this forum some time ago comes into effect this way it will prevent AAPT / Telstra ripping us all off like they are now.

Any provider can now build their own NBN Network to compete against NBN Co however it has to be a wholesale only model also if you have an existing network you can only expand this buy I think it is 1.5km past your existing footprint and any new network built not by NBN Co you have to have a separate wholesale and retail companies and have to show that you aren’t using the retail arm to buy market share by using Anti-Competitve measures so I think there has been lots of work gone into the NBN Laws to try and protect the industry as best as possible from TPG.

Regards

Andrew






Andrew Kitchen | Business DevelopmentStrategist
PO Box 3279, The Pines, Victoria, 3109
T 1300 789 299 D 03 9909 3102 M 0449 561 461 F 03 8611 7946
a.kitchen at xi.com.au | www.xi.com.au



This email message and any attachments are the property of X Integration. The contents of this email are copyright and may also be confidential and/or legally privileged. They are intended solely for the addressee and it is not intended that either confidentiality or privilege be waived or lost by mistaken delivery to you. Please notify us immediately and delete this communication if received in error. Consider the environment before printing this email.
On 10/09/2015 10:41 am, "Mark Smith" <markzzzsmith at gmail.com> wrote:

>On 10 September 2015 at 10:13, Mark Newton <newton at atdot.dotat.org> wrote:
>> On Sep 10, 2015, at 9:24 AM, Andrew Kitchen <a.kitchen at xi.com.au> wrote:
>>
>> So in other words if you don’t offer ISP type services and all you do is
>> offer Content based services such as Web Hosting etc then you don’t have
>> data retention obligations.
>>
>>
>> <dogue>Such wow, many Einstein, so law.</dogue>
>>
>> Who could possibly have described that before the bill even passed through
>> the Parliament?
>>
>> I feel there is a viable legal challenge to these laws for ISP’s who offer
>> web hosting and other services
>>
>>
>> Buckley’s and none.
>>
>> On what basis would you challenge it? There is no restriction on the
>> Parliament passing laws which have anticompetitive effect, there’s only a
>> prohibition on businesses behaving in certain anticompetitive ways.
>>
>
>Actually, the NBN laws are specifically anticompetitive (as are others
>such as the Australia Post ones). They specifically set up a monopoly
>provider who has advantages that no other private company has:
>
>- laws can easily be created in their favour
>
>- they can borrow against the country's assets rather than just the company's
>
>- the shareholders (i.e., tax payers) don't have a choice as to
>whether to invest in it or not, and politicians' primary goal is to
>get voted back in by doing things that voters will like, which will be
>a priority over ensuring the government enterprises they create have
>the best chance of business success
>
>- which consequently means those shareholders have no choice but to
>wear the consequences of bankruptcy if it occurs (case study:
>https://en.wikipedia.org/wiki/State_Bank_of_South_Australia#1991_State_Bank_collapse
>- "The bank's financial implosion in 1991 was one of the biggest
>economic disasters to hit in the state.")
>
>
>
>
>
>> If you didn’t want the Parliament to pass laws which had anticompetitive
>> effect, you should have opposed the bill effectively before it passed.
>> Plenty of us were highlighting this exact situation, you can’t say you
>> weren’t warned.
>>
>> The other anticompetitive side effect of these laws, of course, is that
>> Australian industry participants who must retain data are at a disadvantage
>> with respect to foreign industry participants who don’t. I’d just love to
>> see how you’d propose to address that in a high court action.
>>
>>   - mark
>>
>>
>>
>> _______________________________________________
>> AusNOG mailing list
>> AusNOG at lists.ausnog.net
>> http://lists.ausnog.net/mailman/listinfo/ausnog
>>