[LINK] Tasmanians to be forced to connect to NBN under new laws
pbrooks-link at layer10.com.au
Fri Oct 8 13:13:14 EST 2010
On 8/10/2010 7:41 AM, Stilgherrian wrote:
> I wrote a chunk about this (non)-drama for Crikey yesterday, including the point that being "forced" to connect to the NBN to get a fixed-line voice phone is no different from being "forced" to the Testra-owned copper customer access network (CAN) today. The CAN is the infrastructure. The rest are the services which are delivered upon it.
Stil - it IS different. Currently you are not 'forced' to connect to a Telstra copper
line - they have no rights to install a new length of copper until and unless you
order a service that will use it. The right of the technican to access your land, and
attach stuff to your house, comes from implied permission that comes from you ordering
a service that needs it. In fact, usually it is explicit permission, with a paragraph
saying something like 'I agree that technicians can do whatver they need to on my
property in order to deliver the service' on the signed service order form.
Barnett used the example of the rights electricity engineers have to access the
property without explicit permission - and they may well be able to walk on the land,
but I'm pretty sure they don't have any rights to actually drill holes in your wall
and attach things to your building without explicit permission.
IANAL, but the opt-out proposal seems to skirt close to violating the principles of
tresspass. Not the walking on the land bit, but the pulling over a cable, drilling
holes in your structure, and attaching cable+termination box activities.
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