House of Representatives Committees

| Parliamentary Joint Committee on National Broadband Network

Footnotes

Chapter 1 Introduction - Background

[1] New developments are also referred to as Greenfields developments.

[2] Department of Broadband, Communications and the Digital Economy (DBCDE), Submission 8, p. 2.

[3] Regulation Impact Statement (RIS), p. 5; Bill, Explanatory Memorandum (EM), p. 2.

[4] RIS, pp 5 and 6.

[5] NBN Co Limited (NBN Co) was established by the Government on 9 April 2009 as a company under Corporations Law. NBN Co operates under the Commonwealth Authorities Companies Act 1997, NBN Co, 17 December 2010, Corporate Plan: 2011-2013, p. 12.

[6] The Government’s Statement of Expectations was released on 20 December 2010 by the Senator the Hon Stephen Conroy, Minister for Broadband, Communications and the Digital Economy and Senator the Hon Penny Wong, Minister for Finance and Deregulation. The document outlines the main elements of the Government’s National Broadband Network Policy in the form of expectations on the delivery of services to be provided by NBN Co.

[7] NBN Co, 17 December 2010, Corporate Plan: 2011-2013, p. 12.

[8] Megabits per second is a measurement of transmission speeds. NBN Co, 17 December 2010, Corporate Plan: 2011-2013, p. 156.

[9] NBN Co, 17 December 2010, Corporate Plan: 2011-2013, p. 12.

[10] The Government undertook extensive consultation (with the telecommunications industry, State, Territory and Local Governments, developers, builders and telecommunication consumers) and concluded that the provision of fibre-ready passive infrastructure at the development stage of new developments ensures efficiency in the installation process. RIS, p. 5.

[11] Under this Bill a developer that is a constitutional corporation is required to install passive, fibre-ready infrastructure. RIS, p. 13.

[12] Fibre-ready passive infrastructure includes trenching, conduits and access pits, also known as ‘pit and pipe’, RIS, p. 5.

[13] RIS, p. 5.

[14] RIS, p. 5.

[15] RIS, p. 5.

[16] RIS, p. 6.

[17] RIS, p. 6.

[18] This estimate is arrived at from the number of new premises built (197 000 per annum). RIS, p. 6.

[19] RIS, p. 6.

[20] EM, p. 2.

[21] RIS, p. 13.

[22] RIS, p. 13.

[23] DBCDE, Submission 8, p. 2.

[24] DBCDE, Submission 8, p. 1.

[25] EM, p. 4.

[26] S Conroy, (Minister for Broadband, Communications and the Digital Economy), Refined arrangements for fibre in new developments, media release, Parliament House, Canberra, 15 June 2011; S Conroy, (Minister for Broadband, Communications and the Digital Economy), Fibre in new developments: policy update, media release, Parliament House, Canberra, 22 June 2011.

[27] Minister for Broadband, Communications and the Digital Economy and the Minister for Finance and Deregulation, Statement of Expectations, 20 December 2010, p. 6.

[28] DBCDE, Statement by the Minister for Broadband, Communications and the Digital Economy (Ministerial Statement), Fibre in New Developments, 9 December 2010, p. 1.

[29] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 1.

[30] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010.

[31] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 1.

[32] This includes responsibility for installation of fibre infrastructure in a development for backhaul to a point of interconnect. DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 2.

[33] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 2.

[34] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 2.

[35] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 2.

[36] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 3.

[37] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 3.

[38] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 3.

[39] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 3.

[40] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 3.

[41] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 4.

[42] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 4.

[43] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 5.

[44] The Communications Alliance (CA) is a peak industry association representing the telecommunications sector with its main role to create and maintain the ‘self-regulatory Codes, Guidelines and Standards to which the industry adheres. The CA sets industry standards and is a member of Standards Australia. Comverge Networks, Exhibit 4, p. 1.

[45] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 5.

[46] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 5.

[47] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 5.

[48] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 5.

[49] DBCDE, Ministerial Statement, Fibre in New Developments, 9 December 2010, p. 5.

Chapter 2 Part 1 – General Amendments

[1] Explanatory Memorandum (EM), p. 1.

[2] EM, p. 51. The Telecommunications Legislation (National Broadband Network Measures-Access Arrangements) Bill 2010 was passed by the House of Representatives on 1 March 2011 and the Senate on 25 March 2011.

[3] EM, p. 19.

[4] EM, p. 24.

[5] EM, pp 24 and 25.

[6] EM, p. 25.

[7] EM, p. 31.

[8] Urban Taskforce Australia (UTA), Submission 11, p. 1.

[9] Urban Taskforce Australia (UTA), Submission 11, p. 1.

[10] UTA, Submission 11, p. 1.

[11] Department of Broadband, Communications and the Digital Economy (DBCDE), Submission 8, p. 3.

[12] DBCDE, Submission 8, p. 3.

[13] EM, p. 28.

[14] EM, p. 28.

[15] EM, p. 29.

[16] EM, p. 29.

[17] EM, p. 31.

[18] EM, p. 32.

[19] EM, p. 33.

[20] EM, p. 33.

[21] EM, p. 33.

[22] EM, p. 33.

[23] EM, p. 34.

[24] EM, p. 34.

[25] EM, p. 37.

[26] Australian Competition and Consumer Commission (ACCC), Submission 13, p. 2.

[27] ACCC, Submission 13, p. 2.

[28] EM, p. 38.

[29] EM, p. 38.

[30] UTA, Submission 11, p. 2.

[31] UTA, Submission 11, p. 2.

[32] UTA, Submission 11, p. 2.

[33] UTA, Submission 11, p. 2.

[34] UTA, Submission 11, p. 2.

[35] EM, p. 39.

[36] EM, p. 43.

[37] EM, p. 44.

[38] Greenfield Fibre Operators of Australia (GFOA), Submission 1, pp 5 and 6.

[39] GFOA, Submission 1, pp 5 and 6.

[40] OptiComm, Submission 10, p. 2.

[41] TransACT, Submission 12, p. 14.

[42] TransACT, Submission 12, p. 15.

[43] Telstra, Submission 3.2, p. 5.

[44] DBCDE, Submission 8, p. 2.

[45] Senator the Hon Stephen Conroy, Minister for Broadband, Communications and the Digital Economy and Senator the Hon Penny Wong, Minister for Finance and Deregulation, 20 December 2010, Statement of Expectations, pp. 6 and 7.

[46] Comverge Networks, Exhibit 4, p. 1.

[47] Comverge Networks, Exhibit 4, p. 1.

[48] Comverge Networks, Exhibit 4, p. 1.

[49] EM, p. 48.

[50] EM, p. 48.

[51] Comverge Networks, Submission 6, pp. 5 and 6.

[52] Comverge Networks, Submission 6, pp. 5 and 6.

[53] Telstra, Submission 3.2, pp 3 and 4.

[54] Housing Industry Association (HIA), Submission 7, p. 1.

[55] Urban Development Institute of Australia, Submission 9, p. 2.

[56] HIA, Submission 7, p. 1.

[57] TransACT, Submission 12, p. 17.

Chapter 3 Potential impact on the Greenfields fibre provider market

[1] The Greenfield Fibre Operators of Australia (GFOA) ‘is an alliance of the leading fibre-to-the-premises carriers who are network operators in Greenfields across Australia.’ The GFOA has six members: OPENetworks, Service Elements, TransACT, Comverge, Broadcast Engineering Services (Australia) and Pivit. GFOA, Submission 1, p. 1.

[2] The GFOA, Submission 1, pp 1 and 2.

[3] Other GFOA members that provided submissions to the inquiry also made similar comments about competitive neutrality.

[4] GFOA, Submission 1, p. 1.

[5] GFOA, Submission 1, p. 6.

[6] GFOA, Submission 1; OPENetworks, Submission 4, Comverge Networks, Submission 6, TransACT, Submission 12.

[7] GFOA, Submission 1, pp 6 and 7.

[8] GFOA, Submission 3.2, p. 5.

[9] The Department of Broadband, Communications and the Digital Economy (DBCDE), Submission 8, p. 5.

[10] DBCDE, Submission 8, p. 3.

[11] Internet Protocol Television is television delivered through a broadband internet connection instead of a television cable or wireless.

[12] OptiComm, Submission 10, p. 2. This issue was also raised by Mr Anthony White, Submission 2.

[13] OptiComm, Submission 10, p. 2. This issue was also raised by Mr Anthony White, Submission 2.

[14] Urban Development Institute of Australia (UDIA), Submission 9, p. 4.

[15] GFOA, Submission 1, p. 3.

[16] OptiComm, Submission 10, p. 2.

[17] Telstra, Submission 3.2, p. 5.

[18] Telstra, Submission 3.2, p. 6.

[19] DBCDE, Submission 8, p. 4.

[20] Announced on 9 December 2010.

[21] DBCDE, Statement by the Minister for Broadband, Communications and the Digital Economy (Ministerial Statement), Fibre in New Developments, 9 December 2010, p. 2.

[22] OptiComm, Submission 10.1, pp 1 and 2.

[23] OptiComm, Submission 10, p. 2.

[24] DBCDE, Submission 8, p. 4.

[25] TransACT, Submission 12, p. 13.

[26] The Unconditional Local Loop Service is the copper network that runs between an end user and a telephone exchange.

[27] TransACT, Submission 12, p. 13.

[28] TransACT, Submission 12, p. 13.

[29] Australian Communications Consumer Action Network (ACCAN), Submission 5, p. 1.

[30] ACCAN, Submission 5, p. 1.

[31] ACCAN, Submission 5, p. 1.

[32] ACCAN, Submission 5, p. 1.

[33] S Conroy, (Minister for Broadband, Communications and the Digital Economy), Refined arrangements for fibre in new developments, media release, 15 June 2011.

Dissenting Report - Arrangements unnecessarily slow and bureaucratic for Property Developers

[1] Mr Graham Wolfe, HIA, Transcript of Evidence, 17 June 2011, p. 21.

[2] Mr Sparksman, GFOA, Transcript of Evidence, 16 May 2011, p 57.

[3] Mr Sparksman, GFOA, Transcript of Evidence, 16 May 2011, p 58.

[4] Telstra, Submission 1, p. 2.

[5] Policy Statement, 9 December 2010.

[6] Statement of Expectations, p. 6.

[7] Greenfield Fibre Operators of Australia, Submission 1, p. 6 and 7.

[8] Mr Ivan Slavich, TransACT, Transcript of Evidence, 17 June 2011, p. 41.

[9] HIA, Submission 7.1, p. 1.

[10] DBCDE, Submission 8, p. 4.

[11] Statement of Expectations, p. 7.

[12] Mr Ivan Slavich, TransACT, Transcript of Evidence, 17 June 2011, p. 41.

[13] DBCDE, Submission 8, p. 2.

[14] DBCDE, Submission 8, p. 2.

[15] Mr Turnbull MP, Transcript of Evidence, 17 June, pp 25-26

[16] Mr Bruce Duyshart, Urban Development Institute of Australia, Transcript of Evidence, 17 June 2011, p. 26.

[17] Mr Paul Cross, OptiComm, Transcript of Evidence, 17 June 2011, p. 31.

[18] Mr Ivan Slavich, TransACT, Transcript of Evidence, 17 June 2011, p. 40.

[19] Policy Statement, 9 December 2010.