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Updated: Government to control the prices of NBN rivals

Expert claims the move could signal the end of private telco infrastructure investment

Communications Minister, Senator Stephen Conroy, has confirmed to ARN that his proposed legislation to regulate NBN Co rivals will include controlling their prices.

The information all but confirms industry fears that creating rival networks may soon become unfeasible and unprofitable as the Government seeks to ensure the financial viability of its National Broadband Network.

According to a statement from Conroy’s spokesperson, the legislation aims to reduce overbuilding of fibre networks that compete with the NBN. The announcement comes days after Brisbane Lord Mayor, Campbell Newman, launched a fibre network to rival the NBN.

“The legislation will ensure any new or upgraded networks will have to meet NBN standards and offer a wholesale service on an open and non-discriminatory basis,” the spokesperson said. “Non-discrimination includes in relation to price.

“These arrangements will ensure all future networks will support effective retail level competition and deliver NBN-consistent outcomes for everyone.”

The spokesperson said while prices of NBN competitors would not have to match the Government's exactly, they would have to be similar and be overseen by the ACCC.

Ovum research director, David Kennedy, said such a move would signal the end of private investment in telco infrastructure.

“It’d pretty much mean the Government declaring an end to infrastructure competition in that segment of the market,” he said. “That’s a huge deal because it’s a reversal of the market trend of the last 30 years.

“The effect would be that the capital expenditure bill is picked up by taxpayers as it would stop private investment.”

Kennedy said the move would increase the commercial viability of the NBN, a point agreed to by telco analyst, Paul Budde. He claimed the Government’s proposal brought fibre into line with other utilities and infrastructure.

“A fundamental decision has been made that we treat the very basic telecom infrastructure as a utility,” Budde said. “For the last 20 years we’ve tried to come up with facilities-based competition…and for 20 years nobody wanted to [build a national system].

“We don’t have issues with governments organising the electricity or the roads.”

But Budde said opposition would arise if the Government did not pay a reasonable sum to existing infrastructure-owners like Optus and TransACT. Conroy recently signalled that Optus was in talks to provide its cable services over the NBN.

“The companies that do want to participate in the NBN want to get the best possible price,” he said. “If this legislation stops them from competing then the Government has a very strong position with lots of pressure.

“There should be compensation for the use of the network that is similar to what Telstra received.”

ARN contacted the office of Malcolm Turnbull, but he declined to comment.

Nominations for the 2012 ARN IT Industry Awards open on Tuesday, June 12.

More about: ACCC, ACT, ARN, Newman, Optus, Ovum, Telstra
References show all

Comments

1

Jason

Mon 18/10/2010 - 17:42

Competition? What competition? Telstra owns EVERYTHING!!!.
Me as an ISP cant lay a fibre cable from A to B without having to bribe Telstra with absurd fees.

I have better faith in the Government than Telstra, least it will be a level playing field!

2

Discordia

Mon 18/10/2010 - 19:50

We have 2 cable providers in this country. Telstra and Optus. Both charge ludicrous amounts of money for their plans, Australia has some of the worst IT infrastructure in the developed world and we pay up to 3 times more for a heck of a lot less.

Further regulation should come from somewhere, because with the lack of competition and the monopoly Telstra holds, (which really was the fault of the Government for allowing he sale of Telstra in the first place, I mean really? Privatising a federally owned telecommunications company and then expecting it to give up it's death grip hold on the market? Yeah, right.)
the NBN and virtually any regulatory laws that come into play are a good thing.
As long as they are done with some amount of cleverness and practicality, it should bring a higher standard of service to the country.

Alarmist articles claiming the government is threatening to cripple the private sector and control it are silly.
We're behind the global curve. This will bring us up to par and get rid of some fat along the way.

Let's just hope the Australian Government doesn't sell off the NBN in 10 years time.

3

Pat

Tue 19/10/2010 - 10:13

If Senator Conroy can implement this level of price control legislation he has missed his calling and should be employed in the area that monitors petrol pricing in Australia. Controlled pricing of fuel in Australia would have the effect of reducing the CPI and put badly needed dollars into consumers pockets.

This is said 'tongue in cheek' as many politicians in the past have noted that price control is considered 'unpalatable' by Governments and they have always argued that it restricts competition and results in higher pricing to consumers. In fact this has been the stand by ACCC also in the past. Why then is it different when it comes to the Broadband product? Why should the Govt 's NBN be protected when it comes to competition? This indeed will be interesting as it could be price control in reverse - to protect the available sales market to the NBN when independent providers (eg i3) plan to provide the product at a substantially reduced price.. It will be interesting to see if 'price control' will mean more dollars in the pockets of existing infrastructure providers - as they raise their pricing to consumers to meet the NBN posted pricing for the broadband product.

4

ihope

Tue 19/10/2010 - 11:38

@Pat
In past conversations held with individuals that should know such things, it has been claimed that our constitution forbids any government from affecting or controlling pricing in any way, at least with regard to retail goods, hence in Australia we do not have MRRP (Maximum Recommended Retail Price) printed on goods such as many other nations do, in order to inform consumers what a product ought to cost as a maximum.

Of course this might not be the case with regard to wholesale pricing and or the pricing of utility services, for example the NSW government owns Energy Australia and they wholesale onsell energy to other retailers, some of whom they also own (Origin Energy for example), and I believe there exists a price control of sorts in that market in NSW.

5

Mike ELLIOTT

Tue 19/10/2010 - 11:38

I am looking forward to see prices come down after spending $43Billon and ripping out the copper network. Having no competition should help the NBN to keep prices down.

6

ihope

Tue 19/10/2010 - 11:42

Current infrastructure and provisioned services provided by most ISP's in Australia are based on fast downloads but much slower uploads.

To get fast download and equally fast upload speeds generally requires an expensive commercial or business service, subscribed at extremely high cost, especially on current Telstra or Optus infrastructure, (which must ultimately reflect in a higher cost for goods and services charged to consumers doing business with such subscribed companies). Private consumers seeking fast upload connections also have to pay very high commercial rates to achieve these speeds, if they for example wish to run a data server.

As other countries install their equivalent NBN's the trend is toward flat rate costing of ISP services for commercial and domestic customers. This probably will do more to build those nations consumer and business confidence because everyone knows the annual investment required for such services, up front, with no nasty surprises for excess data use.

In Australia several of the more progressive ISP's, that are also major content providers are moving toward a flat rate unlimited data service model, wherein extra special content such as entertainment and live feeds are billed as a service, but not as metered data per se, to offset their fairer priced broadband subscriptions, this is also a global trend.

If FTTP is not provisioned across Australia as per the NBNCo proposal, the content provision market of the future will be restricted to only those large businesses that can avail themselves of the current expensive synchronous high speed elite access broadband networks, to be superseded by the NBN, the likes of which the Coalition are NOT proposing to instead provision for the entire nation at a fair subscription price.

The Coalition's broadband proposal would have become a de-facto anticompetitive network that due to limited function and higher baseline cost, discriminated against small independent content providers, both domestic and commercial, who would be unable to obtain fair and equitable upload speeds on the network.
The incumbent Telco's on the other hand would have ruled the content market because they can easily and cheaply provision custom network services for themselves and whomever they selectively choose to partner with. And then overcharge Australian consumers for such content as a monopoly.
cont...

7

ihope

Tue 19/10/2010 - 11:43

The NBN will be a network providing socially equitable services to all parties at a fair price and therefore allow for far more diverse content creation, broader less costly delivery and faster access to a global consumer base.

In this sense the private investment in Telco infrastructure should not cease, but should instead progress to new market opportunities and products as the need to adapt or die becomes obvious, and those opportunities would ultimately involve far more inputs from many other business partners, instead growing, and not shrinking commerce in the future. For them the profit base will no longer be sought competing in and exaggerating the cost of delivering limited services to a local customer base, instead it will be inclusive of content provision to a much larger global market.

These are some of the benefits that Senator Conroy should be informing the market of. Perhaps doing so would be more important than a cost benefit analysis which itself would be theoretical at best.

What seems more important is the ability for members of the public to contrast and compare the difference between the current status quo and the real potential benefits of the NBN, both technical and functional, and stimulate more imagination into this developing market.

The NBN is, even with all the detractors and debate, a more progressive approach that gives all companies, large and small and all individuals an equitable access to the global market, if for no other reason than now we will all soon be able to send data as fast as we can receive it, and that makes good commercial sense, especially as unlike most global trading nations we suffer the tyranny of distance in the worst of ways, but in the digital arena we can match their level, provided we each have the same access to fast outward data services at the same cost for all.

8

Emmisfor

Tue 19/10/2010 - 17:45

Pat, it's not about "protecting" the NBN, it is about the NBN and us the taxpayers NOT subsidising cherry-picking providers that dive for the quick buck in high density and easy to install areas, and leave the higher investment and lower return areas to the NBN and the taxpayer to fund.

National infrastructure is just that: National. You either carry your weight or get out of the game.

If that means the govt must legislate minimum pricing controls to stop system rorting then so be it, if it means that the private suppliers must pay a USO levy inorder to be licensed to partake in national telecoms infrastructure, then so be it.

Cherry-pickers always screw markets Pat, always.

And we the consumer end up paying. Cherry-pickers never do it for the consumers benefit nor the national economic benefit.

If they are so keen to be part of the fibre initiative, let's see if they are ready to implement fibre networks in several (say 12)rural and regional centres to NBN standards and with full national pricing equity to ALL users, irrespective of location.

That would see most of them hopping on a plane faster than Sol Trujillo with his bag of our money and kiting an escape to some cherry-picking fields elsewhere...

Just chant USO often enough and they become like vapour on a hot Sydney summer day... Whoops, already gone!

9

Dan Buzzard

Tue 19/10/2010 - 19:09

Treating the Internet as a utility means

1. The provider is not liable for what people use it for (think iiNet vs AFACT)

2. The government does not regulate what you can or can't use it for (no filter, although laws do apply)

3. Every one has the right to use it, (No getting disconnected because someone makes a false alligation against you)

Unlimited, unmonitored (except for quantity) use, a third party (think 3 strike laws) cannot disconnect you. Sounds ok.

10

Pat

Tue 19/10/2010 - 21:46

So what I am hearing is that we are prepared to cover the costs for NBN to provide 100Mb/100Mb access to Cape York, NT and the wilderness of WA - and then amortise the costs across the rest of Australia . This would increase the overheads,and reduce the international competitiveness of the major international organisations in Australia,who pay huge rentals and choose wisely to be located in Capital Cities with the accesses there already that they need.

Again I compare to the fuel costs. In those remote areas they have always factored in and paid a premium for choosing to have their businesses in those locations. If Government was sufficiently rich to provide this Broadband access to the remote areas at Govt cost, I think this would be utopia - but Govt is looking to the taxpayer to fund this exercise.

I am saying that it is brilliant that NBN , like many before them, would like to see the remote areas, not experience the disadvantages of their remoteness , - however it is a fact. They chose the location. They knew the additional costs when they settled there. They had the same options available to them as the companies that paid the premium prices for tenancy in the capital cities with proper broadband access.

I say hurray!! for those providers ( eg i3) who can provide cheaper faster broadband access to those companies located in capital cities that can put Australia forward and progress our country. I do not think that we need to place an embargo on the costs in capital cities and reduce their competitiveness with the Broadband 'price control' that has been put forward - I believe that we need to consider this NBN question and price control very, very carefully.

11

Emmisfor

Wed 20/10/2010 - 09:32

Pat, please show us the documentation or links that state where the NBN will do the following:

"So what I am hearing is that we are prepared to cover the costs for NBN to provide 100Mb/100Mb access to Cape York, NT and the wilderness of WA - and then amortise the costs across the rest of Australia ."

I have yet to see that ANYWHERE from the NBN...

Please be so kind and show us where you got that from?? Thanks for making that effort to validate your assertion...

Dan Buzzard: NBNco would be the utility, not the ISP. It is important and correct to differentiate between the utility and the retail provider.

Australian law does not exempt a utility from continuing to knowingly allow a person or entity to use the service for an illegal purpose. However, the wholesale utility is usually limited in their visibility of what the end user is using the servcie for or who the end user is, that is the task and responsibility of the iiNets, iPrimus etc retail ISPs divisions and operations.

Do you have some legislation excerpts / extractions that state that a utility or retail service provider is indemnified from all instances of known illegal usage of their provided services?

I have not seen any yet, but am always ready to be surprised.

"Unlimited, unmonitored (except for quantity) use, a third party (think 3 strike laws) cannot disconnect you. Sounds ok..."

This above expectation/wishlist is neither based on law nor on commercial practice, but you are welcome to dream on...

The legal responsibilities of the wholesale or retail services provider are not abrogated at all if the wholesale entity is classified as a utility.

12

Matt

Wed 20/10/2010 - 11:31

Wow. Lots of assertions and presumptions. Let me make a bold prediction:

No matter what it costs consumers now, or how wonderful this new utility will be, or who owns it, or whether we have a monoply now, I boldly predict prices to consumers WILL INCREASE, and at a startling rate.

Another prediction:

The government will eventually SELL the NBN. It's only a matter of time.

Finally, I strongly doubt the thing will actually be completed at all.

It's all BS. Turnbull, with all his faults, is actually right on this one.

13

Emmisfor

Wed 20/10/2010 - 15:17

Matt, that is a whole lot of assertions and presumptions yourself...

Which prices will increase for what Matt? For the same service level they have today, or for higher service/access speed/data volume accts?

The govt may eventually sell the NBN, as eventually can be a very very very long time... Might be 10 years, might be 110 years...

Please define completed?

I assume then that BS means Bloody Spectacular in this case, in which case I concur, the NBN initiative is Bloody Spectacular.

If Turnbull was doing what he is doing truly for the national good then there would be some public value. He has been proceeding here though in a very similar fashion to the Wayne Gretch affair:

It is all corrupt, Turnbull asserts and presumes...
It is a total waste of money, Turnbull asserts and presumes...
It will be worth only a fraction of the end build cost, Turnbull asserts and presumes...
NBNco does not know what it is doing, Turnbull asserts and presumes...
Australia does not need nor will they buy 100Mbps, Turnbull asserts and presumes...
FTTH is not the way to go, Turnbull asserts and presumes...
The NBN will be built and managed exactly as the Insulation Batts fiasco, Turnbull asserts and presumes...

Wow. Lots of assertions and presumptions there...

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