Telstra hands over network info for broadband network RFP

Stuart Corner
Tuesday, 13 May 2008 07:37

Opinion and Analysis

When Conroy first flagged the idea of mandating access to network information the proposal was greeted with outrage from Telstra and other carriers: concerns were expressed about information being used to gain competitive advantage in areas outside of the NBN bid and of information that could compromise national security getting into the wrong hands.

Billson says the proposed legislation is vague. It is certainly complex and cumbersome, but inevitably so: it specifies an intermediary role for senior civil servants and is designed to cater not simply for a one-off dump of supposedly comprehensive information but for an ongoing dialogue as potential bidders seek further information to clarify issues and fine tune their bids, and to prevent bidders getting access to information they have no right to. For example: " The bill, currently under scrutiny by a Senate Committee, includes a provision enabling the minister, by legislative instrument, to require a bidder, or potential bidder to provide information that would enable the government's intermediary to make an informed decision on any request for protected carrier information.

It is also designed to forestall any attempt by a carrier to delay the release of such information. It contains a provision that would prevent the Federal Court or the Federal Magistrates Court from delaying disclosure of network information to a potential bidder. Nor would the government's intermediary be required to consult with a carrier that had provided protected carrier information prior to disclosing that information to a bidder.

Telstra may own the bulk of network infrastructure and probably has no need of information on any other network, but any bidder attempting to compete against Telstra and G9 is certainly likely to require access to information on Optus' and other networks. The proposed legislation, cumbersome though it may be, would at least create a level playing field, transparent rules and regulations and consequences under the law for non-compliance around the whole very sensitive area of network information disclosure.

Expecting the minister to rubber stamp Telstra's confidentially deed overnight is unrealistic, but meanwhile Telstra is looking like the good guy, Optus and G9 like a bunch of whingers and the minister like a procrastinator. If only it were that simple.