[LINK] Tasmanians to be forced to connect to NBN under new laws
stil at stilgherrian.com
Fri Oct 8 13:21:22 EST 2010
On 08/10/2010, at 1:13 PM, Paul Brooks wrote:
> 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.
What I wrote at sparrow-fart this morning wasn't very clear, and that's my fault.
I agree with what you say here about needing permission to enter land and "do stuff" to your building. My point was that under the planned laws you could still sign the opt-out form and prevent any NBN Co access.
My latter point about there being no difference from being forced to use the Telstra copper now or NBN Co fibre in the future was part of a rebuttal to Malcolm Turnbull's comment:
"If Australian consumers want a fixed line for telephony or internet
access, they are going to have to use NBN’s line – like it or not."
My point was that the service, in this case a fixed voice service, being "forced" to use the available CAN is just a matter of being "forced" to use the provided infrastructure. Hmmm... that's not that clear either. Maybe I need to say that it's no different from getting water laid on and being "forced" to use the pipes in the street.
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