Telecom reform debate this week, political weather permitting

Government Tech Policy

The telecommunications reform bill is listed for debate in the Senate on Thursday – the last day of the parliamentary sitting year – and despite seemingly impossible time constraints, Government remains confident that it will get to a vote.

Whether or not the Senate considers the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill will depend largely on the success of negotiations between Government and the opposition on the emissions trading scheme.

An early agreement on the ETS will mean the Senate debate on the Carbon Pollution Reduction Scheme can be foreshortened, creating some breathing room for a hectic senate program.

But it remains a difficult timetable, and has some Senators wondering out loud whether it is achievable – or even if it should be debated in such a hurry given the significance of the changes.

The reforms set out a mechanism for the separation of Telstra, and makes sweeping changes to the telecommunications regulatory regime through amendments to the Trade Practices Act.

If the significance of the telecom reforms has been lost somewhat in the heat and blanket mainstream coverage of the ETS, it is certainly well understood in the Senate. This week is shaping as one of the most important sitting weeks for the telecommunications industry in a generation.

But the politics of climate change has distorted everything around it, and has had an impact on the telecommunications reforms that go beyond putting pressure on the timetable.

Even if the reform bill gets to a vote late in the week, it is not yet clear if it will pass. On a headcount of the most recent publicly stated attitudes of Senators, Government is still one vote shy of having the numbers.

The Nationals, who might otherwise have been reasonably expected to support the bill, will support an Opposition attempt to delay its consideration until next year as a direct result of the political heat of the ETS debate.

The Greens have indicated they are inclined to support the bill – but will hold talks with Communications Minister Stephen Conroy this week on amendments it will propose – and South Australian independent Nick Xenophon has indicated he will support the bill.

Victorian Family First Senator Steve Fielding has kept his intensions to himself, but has in recent weeks voiced unsubtle concerns about the reforms on Telstra’s mum and dad shareholders. Senator Fielding will also meet this week with Stephen Conroy, who is understood to have a prepared list of potential sweetener options for the Fielding conversation.

Without any of the Nationals, Senator Conroy needs the Greens as well as Senator Xenophon and Senator Fielding to get the bill passed.

The Senate select committee on the National Broadband Network will report on Tuesday, and is expected to include a dissenting view from the Greens Senator Scott Ludlam. The coalition dominated committee is chaired by South Australian Liberal Senator Mary Jo Fisher, with the Nationals Senator Fiona its deputy.

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