NBN Points of Interconnect POIs

The ACCC received eight submissions in response to the confirmation process, which recommended:

• the relocation of seven POIs
• the addition of 20 POIs
• the consolidation of nine POIs into four (generally where proposed POIs were close together).

Following a review of the submissions and in consultation with the ACCC NBN Co proposed to:

• relocate five POIs
• add two POIs 
• consolidate one POI.

The ACCC and NBN Co were satisfied that the revised list of 121 initial POIs, incorporating these changes, was consistent with the competition criteria and the planning rules. The ACCC noted that the location of actual POI facilities (e.g. in an exchange building) may change subject to technical feasibility issues such as physical space and the availability of power and cooling.

In planning for the implementation of the initial POIs, NBN Co advised the ACCC that there were some Telstra exchange service areas (ESAs) where NBN Co would construct its own facilities as sharing relevant Telstra exchange buildings was not technically feasible (for example due to capacity constraints, or utility constraints, or both). NBN Co advised the ACCC in its selection of the alternative POI and informed the ACCC about how the competition criteria and the planning rules were met in respect of that alternative POI.

The ACCC proposed to maintain an updated list of the initial POIs. The ACCC did not seek further confirmation from stakeholders on the revised list of initial POIs provided that any alternative POI:

• takes into account both deployed competitive backhaul and the prospects for potential future investment in backhaul
• meets the competition criteria and the planning rules
• is within the original ESA or in an adjacent ESA to the original ESA.

The ACCC anticipates that the process for any subsequent relocation of POIs will be included by NBN Co in its special access undertaking.

ACCC announces outcome of NBN points of interconnect confirmation process

On 3 May 2011, the ACCC published a revised list of POIs to the NBN based on the outcome of the public confirmation process. The revised list identifies POIs that have changed 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 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 revised list of POIs identifies:

• 20 POIs that have been relocated and the name of their previous location
• 10 POIs where NBN will build its own facilities (two of which are among the 20 that have been relocated).

The revised list is not a 'list in force' of POIs for the purposes of section 151DB of the Competition and Consumer Act 2010 (the Act).

Note: Section 151DB of the Act 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).