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TELECOMMUNICATIONS LEGISLATION AMENDMENT (FIBRE DEPLOYMENT) E BILL 2011

Order of the day read for the adjourned debate on the motion of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations (Senator Evans)—That this bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the bill.

In the committee

Bill taken as a whole by leave.


Senator Birmingham moved the following amendments together by leave:

 Schedule 1, item 10, page 4 (after line 23), after the second dot point, insert:

 

 

If a compliant optical fibre network is installed in such a fibre-ready facility, NBN Co will pay the cost of installation.

 Schedule 1, item 10, page 6 (line 18), omit "the conditions (if any)", substitute "any technical standards and other conditions".

 Schedule 1, item 10, page 6 (line 25), after "specify", insert "technical standards and other".

 Schedule 1, item 10, page 6 (after line 26), after subsection 372B(4), insert:

  (4A) The Minister must consult the ACMA and relevant industry bodies before making an instrument under subsection (4).

 Schedule 1, item 10, page 6 (line 28), after "paragraph (1)(b)", insert "or subsection (4)".

 Schedule 1, item 10, page 8 (line 10), omit "the conditions (if any)", substitute "any technical standards and other conditions".

 Schedule 1, item 10, page 8 (line 17), after "specify", insert "technical standards and other".

 Schedule 1, item 10, page 8 (after line 18), after subsection 372C(4), insert:

  (4A) The Minister must consult the ACMA and relevant industry bodies before making an instrument under subsection (4).

 Schedule 1, item 10, page 8 (line 20), after "paragraph (1)(b)", insert "or subsection (4)".

 Schedule 1, item 10, page 9 (after line 4), after section 372C, insert:

  

372CA Purchase by NBN Co of installed optical networks

   Scope

  (1) This section applies in relation to the project area, or any of the project areas, for a real estate development project:

 (a) that is compliant with Division 3; and

 (b) in which a compliant optical network is installed by a person other than NBN Co.

   NBN Co to purchase network if requested

  (2) The person or persons responsible for the real estate development project may apply to NBN Co for NBN Co to purchase the network in accordance with this section.

  (3) An application for the purchase of a network must be made within 3 months after the completion of the network.

  (4) The person or persons responsible for the real estate development project must provide NBN Co with such information and access as NBN Co requires to satisfy itself that the network is a compliant optical network.

  (5) NBN Co must purchase the network within 30 days after receiving the application.

   
Amount of payment

  (6) The amount of the purchase payment must be in accordance with a scale of payments determined by the Minister for this subsection and published in the Gazette.

  (7) The Minister must determine a scale of payments for the purposes of subsection (6) as soon as practicable.

  (8) In determining a scale of payments, the Minister must take into account:

 (a) the typical costs of providing such networks or elements of such networks, including significant regional variations in costs; and

 (b) the costs that NBN Co would have incurred had it undertaken to provide such networks itself.

   Interpretation

  (9) For this section, a project area of a real estate development project is compliant with Division 3 if:

 (a) section 372E or 372F applied to installation of a fixed-line facility in the project area; and

 (b) any fixed-line facilities installed in the project area that were subject to subsection 372E(2) or 372F(2) complied with those subsections.

   Note: These subsections require that the facilities be fibre-ready and that the installation comply with an instrument under subsection 372E(4) or 372F(4), subject to exemptions under section 372K.

  (10) For this section, a compliant optical network of a project area of a real estate development project is a collection of optical fibre lines in the project area, each of which:

 (a) is wholly or primarily used, or wholly or primarily for use, to supply one or more carriage services to either or both of the following:

 (i) one or more end-users (whether or not identifiable) in one or more building units;

 (ii) one or more prospective end-users (whether or not identifiable) in one or more building units; and

 (b) is not on the customer side of the boundary of a telecommunications network; and

 (c) is used, or for use, to supply a carriage service to the public; and

 (d) for a line being deployed to a building lot—was installed in compliance with the conditions for such lines in an instrument under subsection 372B(4); and

 (e) for a line being deployed to a building unit—was installed in compliance with the conditions for such lines in an instrument under subsection 372C(4).

Debate ensued.

At 7.20 pm: The President resumed the chair and the Temporary Chair of Committees (Senator Bishop) reported progress.