[LINK] iiNet sells Transact to NBN

[Paul Brooks]

On 23/05/2013 3:33 PM, Fernando Cassia wrote:
>
> Sounds like steep price to pay(and less competition for the consumer),
> to get access to city-wide underground ducts.
In this case Fernando, there is no need. The bit of network that NBN Co bought is an
already  mostly-built GPON FTTP network using Alcatel-Lucent GPON kit, a slightly
earlier model of the same equipment NBN Co are using elsewhere. They bought an already
deployed network, plus (I presume) the ducts it has been built in. All NBN Co has to
do extra is to switch out the NTU for a latest model NTU when a house signs up for a
NBN Co service.

>
> I wonder if AU has any competition rules in place to mandate
> incumbents to share its underground ducts, or none?
We do - facilities access requirements are built into the Telecommunications Act,
applying to ducts, exchange buildings, radio towers and all other forms of
infrastructure that another carrier might want to access.

see docs at  Access codes---telecommunications facilities
<http://transition.accc.gov.au/content/index.phtml/itemId/723176>   and Schedule 1 of
the Telco Act http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/sch1.html:
"

Part 3 -- Access
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#access> to
supplementary facilities

   

16   Simplified outline

                   The following is a simplified outline of this Part:

.       Carriers
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#carrier> must
provide other carriers
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#carrier> with
access <http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#access> to
facilities for the purpose of enabling the other carriers
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#carrier> to:

               (a)     provide competitive facilities and competitive carriage
services
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#carriage_service>; or


              (b)     establish their own facilities.

17   Access
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#access> to
supplementary facilities

             (1)  A carrier
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#carrier> (the
*/first carrier
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#carrier> /*)
must, if requested to do so by another carrier
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#carrier> (the
*/second carrier
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#carrier> /*) give
the second carrier
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#carrier> access
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#access> to
facilities owned or operated by the first carrier
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s7.html#carrier>.




>
> Spain -there could be many others but due to the same language, that's
> one country I keep an eye on- has put in effect superb rules to that
> effect,even calling for the use of "microducts" to separate cables and
> fibre from different operators inside the same pipe.

We don't specify the method, but it is part of the conditions of having a carrier
license that you must provide reasonable access to another carrier, if they request it
(subject to a whole pile of assumptions that the request is reasonable, the notice
period is reasonable, the second carrier must say please and smile, and so on...).
We have separate technical codes and standards  that deals with separation of cables
in ducts.

Paul