Footnotes

Chapter 1 - Introduction

[1]        Journals of the Senate, 2013–15, No. 134 (3 December 2015), p. 3625.

[2]        Australian Government, Telecommunications regulatory and structural reform, December 2014, www.communications.gov.au/file/13111/download?token=1HHR3qa3 (accessed 8 December 2015), p. 4.

[3]        Australian Government, Telecommunications regulatory and structural reform, p. 4.

[4]        The explanatory memorandum noted that most of the Vertigan Panel's recommendations in this area were made in the Statutory Review report. Explanatory Memorandum, p. 1.

[5]        The Hon Paul Fletcher MP, Minister for Territories, Local Government and Major Projects, House of Representatives Hansard, 2 December 2015, p. 14448.

[6]        Senate Standing Committee for the Scrutiny of Bills, Alert Digest, No. 1 of 2016,
3 February 2016, pp. 46–47.

Chapter 2 - Key issues

[1]        Australian Smart Communities Association, Submission 1, p. 1.

[2]        Optus, Submission 2, p. 2.

[3]        Australian Communications Consumer Action Network, Submission 6, p. 1.

[4]        Competition and Consumer Act 2010, ss. 152AXC and 152AXD. Limited exceptions apply, such as where an access provider has reasonable grounds to believe that an access seeker is not creditworthy. Department of Communications and the Arts, Submission 7, p. 3; Competition and Consumer Act 2010, ss. 152AXC(2), (3).

[5]        Explanatory Memorandum, pp. 3–4.

[6]        Schedule 1, Part 3, item 16 (proposed new section 152F); Explanatory Memorandum, pp. 3–4; 58.

[7]        Explanatory Memorandum, p. 4.

[8]        See ACCC, 'Non-discrimination under Part XIC', www.accc.gov.au/regulated-infrastructure/
communications/national-broadband-network-nbn/non-discrimination-under-part-xic (accessed 8 December 2015).

[9]        Explanatory Memorandum, p. 57.

[10]      Australian Government, Telecommunications regulatory and structural reform, December 2014, www.communications.gov.au/file/13111/download?token=1HHR3qa3 (accessed 8 December 2015), p. 16

[11]      Australian Smart Communities Association, Submission 1, p. 1.

[12]      Mr William Gallagher, General Counsel, Corporate Affairs, Telstra, Proof Committee Hansard, 5 February 2015, p. 13.

[13]      Optus, Submission 2, p. 6. Macquarie Telecom made a similar point: see Submission 3, Attachment 1, p. 2.

[14]      Optus, Submission 2, p. 6.

[15]      Optus, Submission 2, pp. 6–7.

[16]      Competitive Carriers' Coalition, Submission 4, p. 4.

[17]      Competitive Carriers' Coalition, Submission 4, p. 4.

[18]      Competitive Carriers' Coalition, Submission 4, p. 4.

[19]      Optus, Submission 2, p. 7.

[20]      Australian Communications Consumer Action Network, Submission 6, p. 2.

[21]      Mr David Forman, Spokesperson, Competitive Carriers' Coalition, Proof Committee Hansard, 5 February 2016, p. 24.

[22]      Mr Philip Mason, Assistant Secretary, Market Structure Branch, Department of Communications and the Arts, Proof Committee Hansard, 5 February 2016, pp. 30–31.

[23]      Mr Philip Mason, Department of Communications and the Arts, Proof Committee Hansard, 5 February 2016, p. 34.

[24]      Mr Mason added: The way we understand the current regime works, because of the way the non-discrimination provisions were struck [by Parliament] out in 2010 and 2011, is that that idea would have to be shared with everybody who could potentially use the NBN. We are concerned that that would discourage innovation'. Proof Committee Hansard, 5 February 2016, p. 31.

[25]      Mr Philip Mason, Department of Communications and the Arts, Proof Committee Hansard, 5 February 2016, p. 31.

[26]      Department of Communications and the Arts, Submission 7, p. 4.

[27]      Mr Philip Mason, Assistant Secretary, Market Structure Branch, Department of Communications and the Arts, Proof Committee Hansard, 5 February 2016, p. 32.

[28]      Mr Philip Mason, Department of Communications and the Arts, Proof Committee Hansard, 5 February 2016, p. 31. Later in the hearing, Mr Mason again emphasised that the ACCC can form a view that particular conduct is 'not really a pilot or a trial but is a way for...[a service provider] to try to capture the market in advance', which Mr Masons stated 'is not what we are about or what we want to achieve'. Proof Committee Hansard, 5 February 2016, p. 34.

[29]      Mr Philip Mason, Department of Communications and the Arts, Proof Committee Hansard, 5 February 2016, p. 34.

[30]      Mr Philip Mason, Department of Communications and the Arts, Proof Committee Hansard, 5 February 2016, p. 33.

[31]      Explanatory Memorandum, p. 5. See also ACCC, 'NBN Co – Special Access Undertaking: Project overview', www.accc.gov.au/regulated-infrastructure/communications/national-broadband-network-nbn/nbn-co-special-access-undertaking (accessed 8 December 2015).

[32]      The explanatory memorandum added that the proposed amendments originate from recommendation 17 of the Vertigan Panel's Statutory Review, which was based on the view that 'the ACCC should, in its approach to access determinations, treat NBN Co and other access providers on a comparable basis'. However, the proposal in the bill differs from the Vertigan Panel's recommendation in some respects; for example, the Vertigan Panel focused on charges in an access determination whereas the provisions in the bill extend the recommendation to 'cover both non-price and price-related terms and conditions and consistency between access determinations generally'. Explanatory Memorandum, pp. 4–5, 61.

[33]      Explanatory Memorandum, p. 61.

[34]      Explanatory Memorandum, p. 61.

[35]      Schedule 1, item 18, proposed new subsection 152BCGAA(2); item 19, proposed new subsection 152BDAB(2).

[36]      Optus, Submission 2, p. 3.

[37]      Optus, Submission 2, p. 4.

[38]      Optus, Submission 2, p. 4.

[39]      Competitive Carriers' Coalition, Submission 4, p. 5.

[40]      Competitive Carriers' Coalition, Submission 4, p. 5.

[41]      Competitive Carriers' Coalition, Submission 4, p. 5.

[42]      Optus, Submission 2, p. 4.

[43]      Department of Communications and the Arts, Submission 7, p. 5.

[44]      Department of Communications and the Arts, Submission 7, p. 6.

[45]      Mr Philip Mason, Assistant Secretary, Market Structure Branch, Department of Communications and the Arts, Proof Committee Hansard, 5 February 2016, p. 28.

[46]      Explanatory Memorandum, Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2010, p. 210.

[47]      Schedule 1, item 24, proposed new subsection 152CBDA(2); Explanatory Memorandum, p. 5.

[48]      Schedule 1, item 24, proposed new subsection 152CBDA(2B).

[49]      Explanatory Memorandum, p. 5.

[50]      Schedule 1, item 24, proposed new subparagraph 152CBDA(3)(b)(ii).

[51]      Optus, Submission 2, p. 5.

[52]      Competitive Carriers' Coalition, Submission 4, p. 5.

[53]      Optus, Submission 2, p. 5.

[54]      Optus, Submission 2, p. 5.

[55]      Optus, Submission 2, p. 6.

[56]      Competitive Carriers' Coalition, Submission 4, pp. 5–6.

[57]      Competitive Carriers' Coalition, Submission 4, p. 6.

[58]      Department of Communications and the Arts, Submission 7, p. 6.

[59]      Department of Communications and the Arts, Submission 7, p. 6.

[60]      Explanatory Memorandum, p. 7.

[61]      Proposed new subsection 22B(2) specifies that the operation of section 9 of the NBN Companies Act, which provides that the supply of eligible services by NBN Co to be on a wholesale basis, is not affected.

[62]      Explanatory Memorandum, p. 7.

[63]      Optus, Submission 2, p. 7; Competitive Carriers' Coalition, Submission 4, p. 6; Mr James Shaw, Director, Government Relations, Telstra, Proof Committee Hansard, 5 February 2016, p. 9.

[64]      Optus, Submission 2, p. 7.

[65]      Optus, Submission 2, p. 7.

[66]      Competitive Carriers' Coalition, Submission 4, p. 6.

[67]      Telstra, Submission 5, p. 4.

[68]      Telstra, Submission 5, p. 6.

[69]      Telstra, Submission 5, p. 6.

[70]      Telstra, Submission 5, p. 6.

[71]      Telstra, Submission 5, pp. 6–7.

[72]      Telstra, Submission 5, p. 7.

[73]      Mr James Shaw, Director, Government Relations, Telstra, Proof Committee Hansard, 5 February 2016, p. 12.

[74]      Department of Communications and the Arts, Submission 7, p. 8.

[75]      Department of Communications and the Arts, Submission 7, p. 8.

[76]      Mr Philip Mason, Department of Communications and the Arts, Letter to the committee dated 12 February 2016, Additional Information 1, p. 1.

[77]      Mr Philip Mason, Department of Communications and the Arts, Additional Information 1, pp. 1–2.

[78]      Mr Mason noted that 'the proposed regulation-making power requires the regulation to specify the circumstances in which the line of business restrictions in sections 18, 19 and 20 of the NBN Companies Act do not apply'. Mr Philip Mason, Department of Communications and the Arts, Additional Information 1, p. 2.

[79]      Mr Philip Mason, Department of Communications and the Arts, Additional Information 1, pp. 1–2.

[80]      Explanatory Memorandum, p. 8.

[81]      Explanatory Memorandum, p. 71.

[82]      Clause 2; Schedule 1, item 50, proposed new subsection 152AQA(1).

[83]      Schedule 1, item 50, proposed new subsection 152AQA(2).

[84]      Schedule 1, items 52–60.

[85]      Competitive Carriers' Coalition, Submission 4, p. 7.

[86]      Competitive Carriers' Coalition, Submission 4, p. 6.

[87]      Department of Communications and the Arts, Submission 7, p. 2.

[88]      Department of Communications and the Arts, Submission 7, p. 3.

[89]      See Telstra, Submission 5, p. 2.

[90]      See Macquarie Telecom, Submission 3, Attachment 1, p. 4.

[91]      The Legislative Instruments Act 2003 (which on or before 5 March 2016 will be renamed the Legislation Act 2003) includes a requirement for appropriate consultation before regulations are made.

Dissenting Report from Labor and the Australian Greens

[1]        Interview with Allie Coyne, IT News, 16 August 2013, at: http://www.itnews.com.au/news/turnbulls-nbn-policy-detailed-enough-to-escape-costing-353616

[2]        Senate Select Committee on the NBN, Second Interim Report, 19 March 2015, pp. 63–67, at: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/National_Broadband_Network/NBN/Second_Interim_Report 

[3]        Senate Select Committee on the NBN, Second Interim Report, pp. 95–96.

[4]        Senate Select Committee on the NBN, Second Interim Report, pp. 67–68.

[5]        Senate Select Committee on the NBN, Second Interim Report, p. 95.

[6]        Vertigan et al., The costs and benefits of high-speed broadband, p. 27, at: https://www.communications.gov.au/sites/g/files/net301/f/Cost-Benefit_Analysis_-_FINAL_-_For_Publication.pdf

[7]        NBN Co Strategic Review (December 2013), p. 17, at: http://www.nbnco.com.au/content/dam/nbnco/documents/NBN-Co-Strategic-Review-Report.pdf; NBN Co Corporate Plan 2016 (August 2015), p. 31, at: http://www.nbnco.com.au/content/dam/nbnco2/documents/nbn-corporate-plan-2016.pdf

[8]        Vertigan et al., Statutory review under section 152EOA of the Competition and Consumer Act 2010, Cover letter, at: https://www.communications.gov.au/sites/g/files/net301/f/3%20_Section_152EOA_Report.pdf

[9]        Competitive Carriers' Coalition, 'Vertigan Recommendations Should be Binned', Media Release, 2 October 2014, at: http://www.ccc.asn.au/vertigan-recommendations-should-be-binned/w1/i1001527/

[10]      Proof Committee Hansard, 5 February 2016, p. 4.

[11]      Proof Committee Hansard, 5 February 2016, p. 16.

[12]      Competitive Carriers' Coalition, Submission 4, p. 4.

[13]      Competitive Carriers' Coalition, Submission 4, p. 4.

[14]      ACCAN, Submission 6, pp. 1–2.

[15]      Optus, Submission 2, p. 3.

[16]      ACCAN, Submission 6, p. 2.

[17]      ACCAN, Submission 6, p. 2.

[18]      Telstra, Submission 5, p. 5.

[19]      Liberal Broadband Policy, pp. 8 & 15, at: http://lpa.webcontent.s3.amazonaws.com/NBN/The%20Coalition%E2%80%99s%20Plan%20for%20Fast%20Broadband%20and%20an%20Affordable%20NBN.pdf.

[20]      NBN Co, Strategic Review, p. 112.

[21]      NBN Co, Corporate Plan 2016, p. 70; Transcript - Press Conference Sydney, 24 August 2015, at: http://www.malcolmturnbull.com.au/media/transcript-press-conference-sydney-24-august-2015

[22]      Proof Committee Hansard, 5 February 2016, p. 29.

[23]      Australian Government, Telecommunications Regulatory and Structural Reform, December 2014, p. 5, at: https://www.communications.gov.au/sites/g/files/net301/f/Telecommunications_Regulatory_and_Structural_Reform_Paper_-_11_December_....pdf

[24]      Competitive Carriers' Coalition, Submission 4, p. 6.