Senator Alstons' Position Paper

[Thomas P. Koltai]

The newspapers last week reported a win for the good guys ... err, that's us.

A letter from Senator Alston in response to Senator Patterson's inquiry 
does not quite agree with the newspapers interpretation of our win....

In other words, we lost. Unless, the bill gets rejected in the house two out 
of three readings.

My analysis of the letter is down the page....

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Re your inquiry on untimed local calls, particularly for data and facsimile 
transmissions.

Under the Telecommunications Act 1991, as ammended by the Telstra (Dilution
of Public Ownership) Act 1996, carriers are required to offer untimed local 
calls to all customers. Under the Act, this obligation applies to local call 
made using the standard telephone service. The "standard telephone service" 
is defined in s.5 of the Act as a public switched telephone service supplied 
by means of a telephone handset that does NOT HAVE SWITCHING functions. 
Although the matter has NEVER BEEN TESTED BY THE FEDERAL COURT, it is likely 
that the obligation only applies, therefore, to voice calls because of the 
telephone handset component of the definition.

The Government believes that this safeguard should now be strengthened 
because of increasing use of non-voice services by residential customers. 
In draft legislation circulated in October 1996, and in legislation 
introduced into the Parliament in December 1996 and now before the Senate 
Communications Inquiry Committee, the Government proposed to extend this 
important right.

Accordingly, the untimed local call obligation has not only been maintained 
but has been significantly enhanced. Residential customers have been given
the legislated right to untimed local calls for non-voice (eg. facsimile and 
data) as well as voice calls. The extension to business of the legislated 
right for untimed local voice calls the Telstra (Dilution of Public 
Ownership) Act has been retained.

This approach will facilitate community access to, and use of, data 
services like the Internet. I trust this clarifies the Governments position.
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TK's analysis.


No Senator Alston, 
With comments like "This has never been tested in a Federal Court" opening 
the way for an enormous legislation overturning law suit 
and;

the qualification that a "Telephone handset does not have switching functions"

Senator Alston, if a Telephone handset does not have switching functions, 
then how are you able to place a call. Last time I placed a phone call, 
there was no Telstra operator waiting for the buzz of her switchboard to 
connect me to my party. Nope, I'm fairly dure that the Telephone utilised 
complex electronic circuitry to issue DTMF tone signalling that instructed 
by local automatic exchange on where to switch my call. In fact Senator 
Alston, apart from the Analogue to Digital conversion electronics, my 
Touchphone 200 has the identical "Switching capabilities" as the most 
advanced modem agvailable on the market today.

This attempt at labelling a mere analogue to digital conversion device (the 
humble modem) to be the equivalkent of a carrier grade 200,000 dollars plus
exchange switching device is a laughable misrepresentation on the 
Australian people.

Senator Alston then went on to say:

The Government believes that this safeguard should now be strengthened 
<SNIP>
.....draft legislation circulated.....

Circulated to whom ? Certainly not the Australians that elected the present 
Government.

.... the Government proposed to extend this important right.

Hogwash. The Legislation was written to ALLOW the introduction of timed local 
data calls.

Now watch this following para boys and girls....

Accordingly the untimed local call obligation has not only been maintained 
but significantely enhanced. Residential customers have been given
the legislated right to untimed local calls for non-voice (eg. facsimile and 
data) as well as voice calls. The extension to business of the legislated 
right for untimed local voice calls the Telstra (Dilution of Public 
Ownership) Act has been retained.

In the last sentence, ..... Senator Alston confirms untimed local VOICE calls 
to business. He says nothing about local data calls to business.

Alston is about to shaft Australian comunication users big time. I am sad
that the Senate committee did not see through this obvious sham to retain
value for the public float by leaving the way open for the future Indonesian, 
American, Malaysian, German or British owners of our Publicly paid for 
Telecom to charge us yet another premium on the "FREE" information available 
via the net.



Your comrade in arms,


Tom (A liberal voter - sob bloody sob)
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Thomas P. Koltai
Phone: +61-2-261-4884
Mobile: +61-419-333331
185 Liverpool Street,
Sydney NSW 2000
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