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Telecommunications Legislation Amendment (Fibre Deployment) Bill 2011

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010-2011

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

 

 

 

 

Telecommunications Legislation Amendment (Fibre Deployment) Bill 2011

 

(1)     Clause 1, page 2 (before line 1), insert after item 3 in the table:

 

4.  Schedule 1, Part 3

The later of:

(a) the day after this Act receives the Royal Assent; and

(b) immediately after the commencement of Part 3 of Schedule 1 to the Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Act 2011 .

 

[Exemption from Parts 7 & 8 for networks operated by the original providers]

(2)     Schedule 1, item 10, page 4 (after line 23), insert:

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

[NBN Co to purchase compliant networks]

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

[NBN Co to purchase compliant networks]

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

[NBN Co to purchase compliant networks]

(5)     Schedule 1, item 10, page 6 (after line 26), insert:

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

[NBN Co to purchase compliant networks]

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

[NBN Co to purchase compliant networks]

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

[NBN Co to purchase compliant networks]

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

[NBN Co to purchase compliant networks]

(9)     Schedule 1, item 10, page 8 (after line 18), insert:

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

[NBN Co to purchase compliant networks]

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

[NBN Co to purchase compliant networks]

(11)   Schedule 1, item 10, page 9 (after line 4), 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)  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 subsections 372E(2) or 272F(2) complied with those subsections.

Note:          These subsections require that the facilities be fibre-ready and that the installation comply with an instrument under 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).

[NBN Co to purchase compliant networks]

(12)   Schedule 1, after item 16, page 33 (after line 4), add:

Part 3—Amendments relating to Parts 7 and 8 of the Telecommunications Act 1997

Telecommunications Act 1997

17  After subsection 141(1)

Insert:

          (1A)  However, this section does not apply to a local access line that

                     (a)  was installed in a project area of a real estate development project after the commencement of Part 3 of Schedule to the Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Act 2011 ; and

                     (b)  was installed in compliance with any applicable provisions of Part 20A; and

                     (c)  was installed by a person that is not Telstra or NBN Co; and

                     (d)  is owned by that person, or by a body corporate related to that person; and

                     (e)  is operated by that person, or by a body corporate related to that person; and

                      (f)  is used only to supply carriage services to end-users in the project area.

18  Subsection 141(10), after the definition of national broadband network

Insert:

related , of bodies corporate, has the same meaning as in the Competition and Consumer Act 2010.

20  Section 142A, after the definition of rail corporation

Insert:

related , of bodies corporate, has the same meaning as in the Competition and Consumer Act 2010.

19  After subsection 143(1)

Insert:

          (1A)  However, this section does not apply to a local access line that

                     (a)  was installed in a project area of a real estate development project after the commencement of Part 3 of Schedule to the Telecommunications Legislation Amendment (National Broadband Network Measures—Access Arrangements) Act 2011 ; and

                     (b)  was installed in compliance with any applicable provisions of Part 20A; and

                     (c)  was installed by a person that is not Telstra or NBN Co; and

                     (d)  is owned by that person, or by a body corporate related to that person; and

                     (e)  is operated by that person, or by a body corporate related to that person; and

                      (f)  is used only to supply carriage services to end-users in the project area.

[Exemption from Parts 7 & 8 for networks operated by the original providers]