House of Representatives Committees

| Parliamentary Joint Committee on National Broadband Network

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Preliminary pages

Chair’s Foreword

Through this inquiry, the committee was presented with a number of issues that were outside the scope of the terms of reference. However, the committee concluded that these issues were important and should be reported to the Parliament, and are therefore included in various sections of the report.

Through this report, the Parliament is able to gain an overview of industry and community views associated with possible enactment of the Telecommunications Legislation Amendment (Fibre Deployment) Bill 2011 (the Bill), and also the main views related to the Government’s Fibre in New Developments policy which underpins the proposed legislation.

While the committee made a number of additional findings, the main provisions of the Bill are supported by the majority of the committee. Where the committee found areas of dispute, these were less about the Bill and more about the underlying policy that has led to this Bill.

Major findings of the report include:

In relation to the Bill’s possible impact on competition in the existing fibre provider market in new developments, the committee acknowledged the views put forward by fibre industry groups. These industry groups highlighted the potential adverse impact that the Government’s existing Fibre in New Developments policy may have for smaller existing fibre providers, and the committee is urging the Government to review these concerns.

Taking into consideration the findings and recommendations of the Australian Government Competitive Neutrality Complaints Office report when it is released, it is important that the Government investigate (with a view to rectifying if necessary) the degree to which the rollout of the National Broadband Network has the potential to diminish competition in the fibre provider market.

I thank those who contributed to this inquiry by providing submissions or appearing in person before the committee.

Mr Robert Oakeshott MP
Chair


Committee Membership

Chair

Mr Robert Oakeshott MP

 

Deputy Chair

Mrs Yvette D’Ath MP

 

Members

Mr Paul Fletcher MP

Senator Simon Birmingham

 

Mr Luke Hartsuyker MP

Senator Carol Brown

 

Mr Ed Husic MP

Senator Doug Cameron

 

Hon Sussan Ley MP

Senator Mary Jo Fisher

 

Ms Michelle Rowland MP

Senator Scott Ludlam

 

Mr Mike Symon MP

Senator the Hon Ian Macdonald

 

Hon Malcolm Turnbull MP

Senator the Hon Ursula Stephens

Participating Members

 

Senator the Hon Eric Abetz

Senator Steve Hutchins (from 24.3.2011 until 30.6.2011)

 

Senator Judith Adams

Senator the Hon David Johnston

 

Senator Chris Back

Senator Barnaby Joyce

 

Senator Guy Barnett (until 30.6.2011)

Senator Helen Kroger

 

Senator Cory Bernardi

Senator Gavin Marshall (from 24.3.2011)

 

Senator Catryna Bilyk (from 24.3.2011)

Senator the Hon Brett Mason

 

Senator Mark Bishop (from 24.3.2011)

Senator Anne McEwan (from 24.3.2011)

 

Senator the Hon Ronald Boswell

Senator Julian McGauran (until 30.6.2011)

 

Senator Sue Boyce

Senator the Hon Nick Minchin (until 30.6.2011)

 

Senator the Hon George Brandis SC

Senator Claire Moore (from 24.3.2011)

 

Senator David Bushby

Senator Fiona Nash

 

Senator Michaelia Cash

Mr Paul Neville MP (from 10.5.2011)

 

Senator the Hon Richard Colbeck

Senator Kerry O’Brien (from 24.3.2011 until 30.6.2011)

 

Senator the Hon Helen Coonan

Senator Stephen Parry

 

Senator Mathias Cormann

Senator Marise Payne

 

Senator Trish Crossin (from 24.3.2011)

Senator Helen Polley (from 24.3.2011)

 

Senator Alan Eggleston

Senator Louise Pratt (from 24.3.2011)

 

Senator the Hon John Faulkner (from 24.3.2011) Senator the Hon Michael Ronaldson

 

Senator the Hon Alan Ferguson (until 30.6.2011)

Senator Scott Ryan

 

Senator Concetta Fierravanti-Wells

Hon Bruce Scott MP (from 26.5.2011)

 

Senator Mitch Fifield

Senator the Hon Nigel Scullion

 

Senator Michael Forshaw (from 24.3.2011 until 30.6.2011)

Senator Glenn Sterle (from 24.3.2011)

 

Senator Mark Furner (from 24.3.2011)

Senator the Hon Judith Troeth (until 30.6.2011)

 

Senator the Hon Bill Heffernan

Senator Russell Trood (until 30.6.2011)

 

Senator Gary Humphries

Senator John Williams

 

Senator Annette Hurley (from 24.3.2011 until 30.6.2011)

Senator Dana Wortley (from 24.3.2011 until 30.6.2011)

 

 

Senator Nick Xenophon


Committee Secretariat

Committee Secretary

Mr Peter Stephens

Inquiry Secretary

Ms Stephanie Mikac


Terms of Reference

On 12 May 2011, the Joint Committee on the National Broadband Network resolved to adopt for inquiry the provisions of the Telecommunications Legislation Amendment (Fibre Deployment) Bill 2011, as referred by the House of Representatives Selection Committee on 10 May 2011.


Committee Membership


ACCAN

Australian Communications Consumer Action Network

ACCC

Australian Competition and Consumer Commission

ACMA

Australian Communications and Media Authority

Act

Telecommunications Act 1997

ADSL

Asymmetric Digital Subscriber Line

AGCNCO

Australian Government Competitive Neutrality Complaints Office

Bill

Telecommunications Legislation Amendment (Fibre Deployment) Bill 2011

BOT

Build-Operate-Transfer

CA

Communications Alliance

CCTV

Closed Circuit Television

Cwlth

Commonwealth

DBCDE

Department of Broadband, Communications and the Digital Economy

EM

Explanatory Memorandum

FTA TV

Free-to-Air television

FTTB

Fibre-to-the-Building

FTTN

Fibre-to-the-Node

FTTP

Fibre-to-the-Premises

GFOA

Greenfield Fibre Operators of Australia

HIA

Housing Industry Association

IPTV

Internet Protocol Television

Mbps

Megabits per second

Minister

Minister for Broadband, Communications and the Digital Economy

NBN

National Broadband Network

NBN Co

NBN Co Limited

RF

Radio Frequency

RIS

Regulation Impact Statement

RSP

Retail Service Provider

TV

Television

UDIA

Urban Development Institute of Australia

ULLS

Unconditional Local Loop Service

USO

Universal Service Obligations

USP

Universal Service Provider

UTA

Urban Taskforce Australia


Recommendation

Part 1 – General Amendments

Recommendation 1

The committee recommends that the Telecommunications Legislation Amendment (Fibre Deployment) Bill 2011 be passed.

 

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