[LINK] Australia begs residents to accept free fiber connection

Richard Chirgwin rchirgwin at ozemail.com.au
Mon Aug 2 11:19:05 AEST 2010

Without seeking out the specifics of the legislation, the ACCC info 
sheet is here:


>  Right to maintain telecommunications facilities
> Carriers have the right to maintain a telecommunications facility and 
> may do anything necessary to maintain a facility, including altering, 
> removing or repairing it. 
Note the "alter, remove or repair" aspect ... Sure, parallel legislation 
would be ideal, but the problem then comes back to whether it could have 
been achieved with an obstructionist Senate?


Marghanita da Cruz wrote:
> Richard Chirgwin wrote:
> <snip>
>> But this (ie, Tasmania) is a trial rollout, begun before NBN Co / 
>> Telstra reached agreement (which hasn't been signed yet). So without 
>> the full legislative program for the country in place, they're asking 
>> permission, and not everybody wants the fibre.
> <snip>
> Thanks...the roll out of fiber rather than fibre was
> bothering me.
> Trial rollout is a funny term - pilot is more appropriate.
> However, parallel to the rollout of technology, there should
> also be a draft legislative changes framework.
> The telstra legislation would/should(?) have been changed
> when Telstra was privatised and they are now covered by ACMA
> and ACCC. The NBN seems to be positioning itself more akin
> to water and electricity, and it would appear that there is
> some support for making telecommunications a Utility.
>>     * Emma Tom, The Australian, July 10, 2010 12:00AM
>> The home of sauteed reindeer and more than 40 different words for 
>> snow has just made broadband a legal right. Thus the right to vote, 
>> the right to equality before the law and the right to party like it's 
>> yhdeksantoista yhdeksankymmenta yhdeksikko (1999) are now joined by 
>> the right to access dodgy online translators.
> <http://www.theaustralian.com.au/news/opinion/first-the-porn-then-the-culture/story-e6frg6zo-1225889713603> 
> In NSW, Utilities such as Water, Electricity, Transport and
> local councils rates are regulated by IPART (NSW State Gov).
> As I understand it the elected local councillors approve the
> waste charges we pay.
>> PART is an independent body that oversees regulation of the water, 
>> gas, electricity and public transport industries in New South Wales. 
>> Established by the NSW Government in 1992, IPART's primary purpose 
>> was to regulate the maximum prices charged for monopoly services by 
>> government utilities and other monopoly businesses. Since then, its 
>> responsibilities have increased significantly.
> <http://ipart.nsw.gov.au/about_us/about_us.asp>
> It is also worth noting that the AGL (second oldest company
> in Australia - who provided street lighting and services
> before electricity
> <http://newspapers.nla.gov.au/ndp/del/article/15299202?searchTerm=johns+lucas+engineer>) 
> pays a fee to councils, for laying their gas pipes on verges
> in Sydney. Though Telcos don't currently.
>> The High Court of Australia today held that New South 
> Wales and Victorian laws allowing
>> councils to collect rates and charges from Telstra and 
> Optus for installing and maintaining cables
>> for pay television and high-speed internet access were 
> contrary to Federal legislation preventing
>> discrimination against telecommunications carriers and 
> were invalid.
>> Telstra and Optus began rolling out their broadband cable 
> networks, using either existing power
>> poles or underground ducts. Some Sydney and Melbourne 
> councils responded by imposing charges
>> for installation of cables or levying rates for space 
> occupied by cables, of between $500 and $1,000
>> per kilometre, while other services and signage in public 
> places did not attract charges or rates
> <http://www.hcourt.gov.au/media/Councils.pdf>
> FWIW, we rejected "free cable" onto our property a few years
> back. Why should we give up the land to house the cable, and
> take on the responsibility of worrying about where we dig or
> our tree roots?
> Marghanita

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