Chapter 1
Introduction
Referral to the committee
1.1
On 18 March 2010 the Senate referred the provisions of the Telecommunications
Legislation Amendment (Fibre Deployment) Bill 2010 (the Bill) for inquiry and
report by 12 May 2010.
1.2
On 24 March 2010, in accordance with usual practice, the committee
advertised the inquiry in The Australian, calling for submissions by 6
April 2010. The committee also directly contacted a range of organisations and
invited them to submit to the inquiry. Details of the inquiry, the Bill and
associated documents were placed on the committee's website.
1.3
The committee received 15 submissions, listed at Appendix 1.
1.4
The committee held a public hearing in Sydney on 19 April 2010.
Witnesses who appeared at the hearing are listed at Appendix 2. The Hansard
transcript is available through the internet at www.aph.gov.au/hansard.
Acknowledgment
1.5
The committee thanks the organisations and individuals who made
submissions and gave evidence at the public hearing.
Report structure
1.6
The remainder of this chapter outlines the purpose of the Bill and the
consultation process which preceded it.
1.7
Chapter 2 outlines the main provisions of the Bill.
1.8
Chapter 3 outlines the background to the Bill, including the current
arrangements that exist for the deployment of telecommunications lines and
infrastructure to new developments, and the importance of fibre in new
developments.
1.9
Chapter 4 discusses the key issues that were raised in relation to the
application and operation of the Bill.
Purpose of the Bill
1.10
The Bill is intended to complement the government's announcement, on
7 April 2009,[1]
that it will establish a company to build and operate a National Broadband
Network (the 'NBN') which will deliver super-fast broadband to all Australian
homes and workplaces. The NBN will service 90 per cent of existing Australian
premises with Fibre To The Premises (FTTP), providing broadband services at
speeds of up to 100 Megabits per second (Mbps). The remaining 10 per cent
of existing premises will be connected with wireless and satellite technologies
that will deliver broadband services at speeds of up to 12 Mbps.[2]
1.11
The Bill seeks to amend the Telecommunications Act 1997 (the
Act), inserting a new Part 20A. The purpose of the Bill is to ensure that new
greenfield and brownfield (urban infill and urban renewal) developments are not
serviced by old telecommunications technology, specifically copper lines. In
broad terms the Bill will require that where specified new developments, or
developments within an identified class, are fitted with telecommunications
lines or facilities, they will be fitted with optical-fibre lines or
fibre-ready facilities.
Background to the Bill: the consultation process
1.12
The Bill was introduced following an extensive industry consultation
process.
1.13
The government released a detailed consultation paper on 29 May 2009 for
public comment,[3]
followed up by face-to-face presentations to, and meetings with, stakeholders
in all mainland states. Stakeholders elsewhere were contacted by phone. More
than 80 submissions were received in response to the consultation paper.[4]
The consultation process showed 'a general consensus that a nationally
consistent approach is preferable...[and] a general preference for Commonwealth
legislation, reinforced by industry-developed guidelines or standards, over
state, territory and local government approaches'.[5]
1.14
Following that process, the government established a Fibre in Greenfields
Stakeholder Reference Group to provide input on implementation issues and to
help disseminate information. The EM lists the members of that group.[6]
1.15
In November 2009, an exposure draft of the Bill was sent to the
Stakeholder Reference Group, state and territory planning ministers and members
of the Online and Communications Council. It was released to the public on
23 December 2009.[7]
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