Appendix 1
Terms of Reference
(Revised by the Senate on 26 November 2009, 17 March 2010
and 12 May 2010: revisions shown in bold)
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 17 June 2010 on:
a. the Government's decision to establish
a company to build and operate a National Broadband Network (NBN) to:
i. 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;
ii. connect all other premises in Australia
with next generation wireless and satellite technologies to deliver
broadband speeds of 12 megabits per second or more;
iii. directly support up to 25,000 local
jobs every year, on average, over the eight year life of the project.
b. the implications of the NBN for
consumers and taxpayers in terms of:
i. service availability, choice and costs,
ii. competition in telecommunications and
broadband services, and
iii. 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:
a. any economic and cost/benefit analysis
underpinning the NBN;
b. the ownership, governance and operating
arrangements of the NBN company and any NBN related entities;
c. any use of bonds to fund the NBN;
d. any regulations or legislation
pertaining to the NBN;
e.
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);
f. 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;
g. 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;
h. 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;
i. 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;
j. the role of government and its
relationship with the private sector and existing private investment in the
telecommunications sector;
k. the effect of the NBN on the delivery
of Universal Service Obligations services;
l. 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:
a. expressly seek the input of the
telecommunications industry, industry analysts, consumer advocates, broadband
users and service providers;
b. 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;
c. invite contributions from organisations
and individuals with expertise in:
i. public policy formulation and
evaluation,
ii. technical considerations including
network architecture, interconnection and emerging technology,
iii. regulatory framework, open access,
competition and pricing practice,
iv. private sector telecommunications
retail and wholesale business including business case analysis and price and
demand sensitivities,
v. contemporary broadband investment, law
and finance,
vi. network operation, technical options
and functionality of the ‘last mile' link to premises, and
vii. relevant and comparative international
experiences and insights applicable to the Australian context;
d. 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
e. 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
4. 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.
5. a. 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;
b. 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
c. 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.
6. 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.
7. That the committee elect as chair one
of the members nominated by the Leader of the Opposition in the Senate.
8. 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.
9. That, in the event of an equally
divided vote, the chair, or the deputy chair when acting as chair, have a
casting vote.
10. 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.
11. 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.
12. 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.
13. 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.
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