Terms of Reference
(revised by the Senate on 26 November 2009 and 17 March 2010)
1.
That a select committee, to be known as the Select Committee on the
National Broadband Network, be established to inquire into and report by
12 May 2010 on:
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the Government's decision to establish a company to build and
operate a National Broadband Network (NBN) to:
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connect 90 per cent of all
Australian homes, schools and workplaces with optical fibre to the premise
(FTTP) to enable broadband services with speeds of 100 megabits per
second;
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connect all other premises in
Australia with next generation wireless and satellite technologies to
deliver broadband speeds of 12 megabits per second or more;
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directly support up to 25,000
local jobs every year, on average, over the eight year life of the
project.
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the implications of the NBN for consumers and taxpayers in terms
of:
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service availability, choice and
costs,
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competition in telecommunications
and broadband services, and
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likely consequences for national
productivity, investment, economic growth, cost of living and social
capital.
2.
That the committee's investigation include, but not be limited to:
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any economic and cost/benefit analysis underpinning the NBN;
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the ownership, governance and operating arrangements of the NBN
company and any NBN related entities;
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any use of bonds to fund the NBN;
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any regulations or legislation pertaining to the NBN;
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the availability, price, level of innovation and service
characteristics of broadband products presently available, the extent to
which those services are delivered by established and emerging providers,
and the prospects for future improvements in broadband infrastructure and
services (including through private investment);
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the effects of the NBN on the availability, price, choice, level of
innovation and service characteristics of broadband products in
metropolitan, outer-metropolitan, semi-rural and rural and regional areas
and towns;
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the extent of demand for currently available broadband services,
the factors influencing consumer choice for broadband products and the
effect on demand if the Government's FTTP proposal proceeds;
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any technical, economic, commercial, regulatory, social or other
barriers that may impede attaining the Government's stated goal for
broadband availability and performance in the specified timeframe;
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the appropriate public policy goals for communications in
Australia and the nature of any necessary regulatory settings to continue
to develop competitive market conditions, improved services, lower prices
and innovation;
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the role of government and its relationship with the private sector
and existing private investment in the telecommunications sector;
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the effect of the NBN on the delivery of Universal Service
Obligations services;
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whether, and if so to what extent, the former Government's OPEL
initiative would have assisted making higher speeds and more affordable
broadband services available.
2A That the
committee is to examine the findings of the National Broadband Network
Implementation Study, the Government's response to the Implementation
Study and any subsequent impact of that report for the national Broadband
Network policy.
3.
That, in carrying out this inquiry, the committee will:
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expressly seek the input of the telecommunications industry,
industry analysts, consumer advocates, broadband users and service
providers;
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request formal submissions that directly respond to the terms of
reference from the Australian Competition and Consumer Commission, the
Productivity Commission, Infrastructure Australia, the Department of the
Treasury, the Department of Finance and Deregulation, and the Department
of Infrastructure, Transport, Regional Development and Local Government;
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invite contributions from organisations and individuals with
expertise in:
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public policy formulation and
evaluation,
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technical considerations
including network architecture, interconnection and emerging technology,
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regulatory framework, open
access, competition and pricing practice,
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private sector telecommunications
retail and wholesale business including business case analysis and price
and demand sensitivities,
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contemporary broadband
investment, law and finance,
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network operation, technical
options and functionality of the ‘last mile' link to premises, and
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relevant and comparative
international experiences and insights applicable to the Australian
context;
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advertise for submissions from members of the public and to the
fullest extent possible, conduct hearings and receive evidence in a manner
that is open and transparent to the public; and
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recognise the Government's NBN proposal represents a significant
public sector intervention into an increasingly important area of private
sector activity and that the market is seeking openness, certainty and
transparency in the public policy deliberations.
Appointment of the
Committee
That the committee consist of 7 senators, 2
nominated by the Leader of the Government in the Senate, 4 nominated by
the Leader of the Opposition in the Senate, and 1 nominated by any
minority party or independent senators.
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On the nominations of the Leader of the Government in the Senate,
the Leader of the Opposition in the Senate and any minority party and
independent senators, participating members may be appointed to the
committee;
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participating members may participate in hearings of evidence and
deliberations of the committee, and have all the rights of members of the
committee, but may not vote on any questions before the committee; and
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a participating member shall be taken to be a member of the
committee for the purpose of forming a quorum of the committee if a
majority of members of the committee is not present.
That the committee may proceed to the
dispatch of business notwithstanding that all members have not been duly
nominated and appointed and notwithstanding any vacancy.
That the committee elect as chair one of the
members nominated by the Leader of the Opposition in the Senate.
That the chair of the committee may, from
time to time, appoint another member of the committee to be the deputy
chair of the committee, and that the member so appointed act as chair of
the committee at any time when there is no chair or the chair is not
present at a meeting of the committee.
That, in the event of an equally divided
vote, the chair, or the deputy chair when acting as chair, have a casting
vote.
That the committee have power to appoint
subcommittees consisting of 3 or more of its members, and to refer to any
such subcommittee any of the matters which the committee is empowered to
examine.
That the committee and any subcommittee have
power to send for and examine persons and documents, to move from place to
place, to sit in public or in private, notwithstanding any prorogation of
the Parliament or dissolution of the House of Representatives, and have
leave to report from time to time its proceedings and the evidence taken
and such interim recommendations as it may deem fit.
That the committee be provided with all
necessary staff, facilities and resources and be empowered to appoint
persons with specialist knowledge for the purposes of the committee with
the approval of the President.
That the committee be empowered to print
from day to day such papers and evidence as may be ordered by it, and a
daily Hansard be published of such proceedings as take place in public.
For further information, contact:
Senior Clerk's Office
Department of the Senate
PO Box 6100
Parliament House
Canberra ACT 2600
Australia