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National Broadband Network - Policies and Regulations -Australia

Australia - National Broadband Network - Policies and Regulations

The process that led to the NBN began in around 2005 and became a key government policy in 2007. Its visionary aspect attracted the attention of many governments around the world, including the Obama Administration and the European Union. And it was a catalyst for the creation of the UN Commission for Broadband.

The project has made progress ever since, often against significant odds. Extensive discussions took place between the government and the industry from 2007 to 2009, and these led to the plan on which the current NBN is based. The all-important legislation passed through parliament in 2011 and in that same year Telstra agreed to its structural separation. NBN Co launched its business plan in late 2010 and began to roll out test sites in Tasmania and on the mainland. With announced plans now covering half the population the rollout is well and truly underway.

During a heavily politicised period between 2010 and 2013 NBN Co had to operate in an environment where it suffered many constraints and constant diversions of management time and energy into non-productive activity. During that time the then Opposition threatened to kill the NBN'. However this policy was gradually softened and when the Coalition won the election in 2013 the new government issued an initial statement that gave NBN Co the opportunity to continue with the current FttH plans.

The previous government had also embarked on an ambitious National Digital Strategy Plan, closely linked to the rollout of the NBN, but questions continue to be raised about the social and economic benefits of this issue. It is not covered in any serious detail in either the current legislation or the NBN Co business plan, and therefore remains the major political controversy an unsolved policy issue that will need to be addressed by the new government in order for the NBN to be a watertight plan.

In this report we provide an overview of the key policies, as well as the regulatory framework and telecommunications reforms. We also analyse the various policy and regulatory issues and provide an update of funding arrangements for the NBN rollout.

We start the report with a description of the new state of play, as it is developing after the September 2013 elections.

1. Synopsis
2. NBN Under the Coalition Government
2.1 NBN Statement Minister Turnbull
2.2 NBN Co given the opportunity to save the current NBN (Analysis)
2.3 NBN reviews
2.3.1 NBNCo organisational review:
2.3.2 Independent review into NBN policy development:
2.3.3 Independent cost benefit analysis
2.3.4 National broadband audit:
2.3.5 NBN Transparency
2.3.6 Review of government:
3. Labor seeks a restoration of FttP
4. Regulatory Framework
4.1 Introduction
4.2 Bills passed House of Reps
4.3 Key elements of the Companies Bill
4.3.1 Restrictions on the business operations of NBN companies
4.3.2 Commonwealth ownership and privatisation
4.4 Key elements of the Access Bill
4.4.1 Provision of services
4.4.2 Standard access obligations
4.5 The key points of the NBN amendments
4.5.1 National Broadband Network Companies Bill 2011
4.5.2 Telecommunications Legislation Amendment (National Broadband Network Measures Access Arrangements) Bill 2011
5. Special Access Undertakings
5.1 The NBN Co Review
5.2 Analyses - telecoms or digital infrastructure a SAU question
6. Connectivity Virtual Circuit (CVC)
7. Joint Committee on the National Broadband Network
8. Regional Telecommunications Policies
9. Regulatory reforms for the transition period
9.1 Introduction of regulatory instruments
9.2 Regulatory instruments - analysis
9.3 Final Access Determinations for fixed line telecommunications
9.4 Layer 2 bitstream on non-NBN Co networks
9.5 Telstra needs to tighten up its migration plan
10. Government to fund NBN voice migration
11. Budget funding for the National Broadband Network
11.1 Administrative and regulatory support
11.2 Funding planned until 2016
11.3 Funding for The Department of Broadband, Communications and the Digital Economy (DBCDE)
11.4 Funding for the ACCC and ACMA
12. Telstra Structural Separation Undertaking
12.1 Telstra's initial undertaking
12.2 Migration Plan
12.3 The Australian Competition and Consumer Commission (ACCC) involvement in the NBN
12.4 Telstra's Structural Separation Undertaking
12.5 Breaches of structural separation undertakings
13. Universal Service Obligations
13.1.1 Universal service reform legislation for the NBN
14. Sale of NBN Co
15. Special access for smart utility services
16. Other reports
Table 1 NBN budgeted and actual expenditure 2008 - 2015
Exhibit 1 NBN review panel
Exhibit 2 - Key elements of Telstras SSU
Exhibit 3 - Privatisation of NBN is not popular

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