sovereign risk, page-15

I think at the time Telstra wanted the Government to introduce legislation to protect their risk. The Government said use the current provisions available through ACCC exemptions. Presumably the uncertainty of the outcome led them to sit on their hands and be content with the status quo.

There was information about possible undertakings and applications in the senate report that got mistakenly tabled recently.
http://www.smh.com.au/reports/NBNReport.pdf


Telstras FTTN proposal of 2006
Telstra, in its preliminary negotiations with the ACCC regarding its proposed FTTN network in five capital cities (Sydney, Melbourne, Brisbane, Adelaide and Perth),
indicated that it intended to lodge exemptions with the ACCC for:

An ordinary individual exemption from the obligation to supply all currently declared services (except PSTN terminating access service and the Mobile
Terminating Access Service) within the FTTN footprint for 10 years from the date
of completion of the FTTN. Telstra proposed that the exemption would apply:

for all declared services except the ULLS and LSS on an exchange by
exchange basis from the date on which an exchange was fibre-enabled

for ULLS and LSS on a line-by-line basis from the date on which the
relevant end-user line was equipped by Telstra to supply the High Speed
Access Service (essentially a bitstream service).

An anticipatory individual exemption in relation to all services within the FTTN
footprint other than the proposed High Speed Access Service and any future FTTN
Terminating Access Service.

Telstra proposed to lodge a special access undertaking in respect of the High Speed Access Service at the same time as the exemption, for the supply of a full wholesale
broadband service of up to 24 Mbps with wholesale voice and an entry-level service
of 2 Mbps with voice at access prices of $90-120 per month and $64-68 per month,
respectively. (These prices were derived using a hybrid valuation of assets cost model
which was the subject of considerable discussion and iterations).