Internet Industry Association

The Internet Industry Association's (IIA) submission to the Government observes that the Government's draft legislation comprising the National Broadband Network Companies Bill 2010 (NBN Companies Bill) and the Telecommunications Legislation Amendment (National Broadband Network Measures – Access Arrangements) Bill 2010 (Access Bill) (together referred to as the regulatory framework) do not adequately implement its earlier stated principles of 7 April 2009. 

In particular, 

• the regulatory framework should not include discretions that allow the Minister to permit the delivery of retail or content services;
• restrictions on the percentage of private ownership of the NBN Co Limited should be set out in the legislation and not left to be defined later by regulation;
• the draft provisions relating to open access and transparency were inadequate; and
• the criteria on which access seekers depart from the standard form of access agreement or special access undertakings as specified in the Access Bill are too wide.

We suggest departure from principles of open access and non-discrimination should be prevented where it might have a negative impact on retail competition.

Submitted on behalf of the IIA by Peter Coroneos, Chief Executive, IIA.