The Supreme Court of New South Wales has ruled in favour of TPG Telecom group company, PIPE Networks Pty Ltd, in the case brought by NBN alleging misleading and deceptive conduct.
NBN brought the proceedings against PIPE Networks in October 2014 in connection with TPG’s Fibre to the Building (FTTB) network.
PIPE Networks was rolling out its fibre network to multi-dwelling units, relying on powers given to carriers under the Telecommunications Act.
NBNCo, now known as ‘nbn’, asserted that the powers did not extend to entitling PIPE to plug its equipment into an existing power socket (on the common property of the building) and to draw electricity, according to TPG.
TPG says NBNCo ‘claimed that PIPE was misleading strata managers and building owners by asserting that the Telecommunications Act did grant PIPE those powers.’
However, TPG has announced that Mr Justice Kunc of the Supreme Court found that ‘PIPE was entitled by the Telecommunications Act to install its equipment in the buildings, to plug the equipment into the common property of the building and to draw electricity.’
Tony Moffatt, General Counsel of TPG Telecom said: “We are very pleased to have been successful in these proceedings.
“Carrier rights have been in place since competition was introduced to the telecommunications market and were designed to place all competitive carriers in an equal position.
This judgment is important for the industry and confirms that TPG, NBN and all other carriers have an equal entitlement to install and operate equipment in buildings, including by using electricity.”
Reggie Naik, head of fibre operations for PIPE Networks, said “This is an excellent win for consumers of telecommunications services in Australia, whether they be residential or business customers.
“Our fibre optic network and FTTB products will bring great benefits to consumers and we are proceeding with our rollout as quickly as we can. We hope that this case will quell the effects of the misinformation that has been given to strata managers about PIPE’s FTTB installations”.