Listed Points of Interconnect to the NBN - November 2012
On 5 November 2012 the ACCC published the Listed Points of Interconnection (POIs) to the National Broadband Network (NBN) pursuant to Section 151DB of the Competition and Consumer Act 2010. Section 151DB of the Competition and Consumer Act 2010 requires the ACCC to prepare a written list of POIs (subsection 151DB(1)) and publish a list in force on its website (subsection 151DB(3)). Under subsection 151DB(2), a POI specified in a ‘list in force’ is a Listed POI for the purposes of the authorised conduct provisions under section 151DA(2).
The list of POIs sets out the location of each POI. Due to concerns about the security of infrastructure assets, the ACCC has decided that the actual street addresses of each POI will be kept confidential. The ACCC considers that the descriptors included in the public list of POIs are sufficient to enable stakeholders to determine the general location of POIs. The street addresses may be requested from NBN Co under appropriate confidentiality arrangements. Further information relevant to the rollout of the NBN POIs should be requested from NBN Co directly. The Listed POIs are available at the link below:
In August 2012 the ACCC published a consultation paper notifying stakeholders of some minor changes to POI locations from the previously published draft list in May 2011, and seeking comments on the proposed form of the list in force. Changes between the list published in May 2011 and the Listed POIs can be accessed using the link below:
Consultation on the form of the list of Points of Interconnect - August 2012
The ACCC published a consultation paper in August 2012 seeking stakeholders’ comments on the form of the Section 151DB list of Points of Interconnect. Section 151DB of the Competition and Consumer Act 2010 requires the ACCC to prepare a written list of POIs (subsection 151DB(1)) and publish a list in force on its website (subsection 151DB(3)). Under subsection 151DB(2), a POI specified in a ‘list in force’ is a listed POI for the purposes of the authorised conduct provisions under section 151DA(2).
In May 2011 the ACCC published a revised list of points of interconnect as part of the public confirmation process on the initial POIs to the NBN. Where there have been minor changes to the location of some POIs since May 2011 the ACCC considers these meet the ACCC’s Competition Criteria and the Planning Rules.
This consultation is not seeking further submissions on the number and location of the points of interconnection to the NBN, but seeks comments on the final form of the list. The materials are available below.
Confirmation process - revised list of POIs – May 2011
On 3 May 2011, the ACCC published a revised list of POIs to the NBN. The revised list is a refinement of the outcome of the public confirmation process about the initial POIs to the NBN. The May 2011 list identifies POIs that have changed from previous lists due to space and/or power and cooling issues in the facilities originally identified for the POIs. The ACCC anticipates that POIs will usually be located in Telstra exchange buildings, consistent with the Planning Rules. The number of premises (measured in GNAFs) and the number of Fibre Serving Areas expected to be served by each POI is still being finalised (by NBN Co) and will be made available when the ACCC has received the relevant information.
The May 2011 list of POIs identifies:
20 POIs that have been relocated and the name of their previous location, and
10 POIs where NBN will build its own facilities (two of which are among the 20 that have been relocated).
The ACCC is satisfied that the relocated POIs and the POIs to be built by NBN Co meet the Competition Criteria and the Planning Rules.
The May 2011 list is part of the POI confirmation process and amends the earlier lists published on the ACCC website. The May 2011 list is not a 'list in force' of POIs for the purposes of section 151DB of the Competition and Consumer Act 2010.
Note: Section 151DB of the Competition and Consumer Act 2010 requires the ACCC to prepare a written list of POIs (subsection 151DB(1)) and publish a list in force on its website (subsection 151DB(3)). Under subsection 151DB(2), a POI specified in a ‘list in force’ is a listed POI for the purposes of the authorised conduct provisions under section 151DA(2).
On 20 December 2010, the ACCC commenced a public confirmation process in respect of the 120 POIs which were proposed by NBN Co as a result of applying the Competition Criteria and the Planning Rules. The ACCC received 8 submissions in response to this confirmation process. As a whole, these recommended the:
(a) relocation of 7 POIs;
(b) addition of 20 POIs; and
(c) consolidation of 9 POIs into 4 (generally where proposed POIs were close together).
The ACCC invited NBN Co to review these submissions in the context of the Competition Criteria and the Planning Rules. As an outcome of this review and in consultation with the ACCC, NBN Co has proposed to relocate five POIs, add two POIs and consolidate one POI. Other proposed additional or relocated POIs did not meet the Planning Rules. Three proposed relocations were considered redundant as they were covered by the additional POIs and other relocations. There was minimal consolidation of POIs as this would likely be inconsistent with the Competition Criteria and the Planning Rules. The balance of the consolidated POIs proposed in submissions would have resulted in POIs that do not meet the Competition Criteria or the Planning Rules.
The ACCC and NBN Co are satisfied that the revised list of initial POIs, incorporating these changes, is consistent with the Competition Criteria and the Planning Rules. The ACCC notes that the location of actual POI facilities (eg in an exchange building) may change subject to technical feasibilty issues such as physical space and the availability of power and cooling. The list of 121 revised initial POIs is available below.
In planning for the implementation of the initial POIs, NBN Co has advised the ACCC that there are some Telstra exchange service areas (ESAs) where NBN Co will be constructing its own facilities as sharing relevant Telstra exchange buildings is not technically feasible (for example due to capacity constraints, or utility constraints, or both). NBN Co will advise the ACCC, as soon as possible, when the alternative POI has been selected in such cases and how the Competition Criteria and the Planning Rules are met in respect of that alternative POI.
The ACCC proposes to maintain an updated list of the initial POIs. However, provided that any alternative POI:
(a) takes into account both deployed competitive backhaul and the prospects for potential future investment in backhaul;
(b) meets the Competition Criteria and the Planning Rules; and
(c) is within the original ESA or in an adjacent ESA to the original ESA,
the ACCC does not propose to seek further confirmation from stakeholders on the revised list of initial POIs.
The ACCC anticipates that the process for any subsequent relocation of POIs will be included by NBN Co in its special access undertaking.
Planning Rules and the first list of intial POIs - December 2010
With the ACCC's guidance, NBN Co developed a set of network Planning Rules based on these Competition Criteria. The Planning Rules include a 'soft cap' of approximately 80,000 premises for metro POIs and approximately 100,000 premises for outer metro/regional POIs. The Planning Rules are available below.
In December 2010, NBN Co developed a list of 120 initial POIs to the NBN based on the Competition Criteria and the Planning Rules. This list is available below.
In December 2010, the ACCC released its advice to government on the number and location of the initial POIs for the NBN that would best meet the long-term interests of end-users. The ACCC considered that the initial POIs for the NBN would best meet the long-term interest of end-users when they are located according to the following principles (the Competition Criteria):
(a) it is technically and operationally feasible to allow intereconnection (usually at an Ethernet aggregation switch); and
(b) there are at least two competitiors with optical fibres within a nominated distance from that location which connect a site to an optical fibre network which is connected to a capital city, and:
(i) deliver wholesale transmission services which are suitable for use by service providers who wish to connect to the NBN at that location; and
(ii) there is other evidence that the particular route is, or is likely to become, effectively competitive (such as long-term contractual arrangements for the acquisition of transmission services).
In October 2010, the ACCC released a discussion paper on the number and location of initial POIs to the NBN that will best meet the long-term interests of end-users.
The ACCC received 27 submissions. The public submissions and ACCC discussion paper are available on the link below.
