Less haste, more ACCC muscle for broadband future

commentary Paul Budde isn't likely to be on Telstra's Christmas card list this year. In an interview on BTalk today he describes the telco's behaviour as "arrogant" and "unique in the world". In an interview with Phil Dobbie, posted on BNET.com, Budde says that the telco's dominant position makes it feel as if it were "above the law".

According to Budde, the threat of a structural separation of Telstra is the only way to get the telco talking with the government, the regulator and industry partners about Australia's broadband future. Budde points to situations in the UK, France, the Netherlands and New Zealand where the industry has worked together to resolve issues around communications infrastructure development. Here, he says, Telstra is just too dominant to see the need to negotiate.

Although Budde says structural separation doesn't have to happen, the threat that it could be introduced has to exist. "It's the biggest stick the government has," he says.

Telstra, of course, claims there is no need for separation. Phil Burgess, Telstra's group managing director, recently referred to BT in the UK as a "basket case" since separation was forced on the company two and a half years ago. Budde retorts that's simply not true. "Telstra is telling all these stories that are bordering on the edge of lies," he says.

Budde would like to see the Rudd government delay tenders for the new broadband infrastructure while new powers are introduced enabling the ACCC to enforce structural separation on Telstra when and if it is needed. Obviously this regulatory change would need to be made before tenders are submitted so bidders would be able to understand the environment they would be operating in. "There is a significant hope that this government is prepared to make tough decisions," he said.

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Talkback 28 comments

  1. Oh dear, the star witness has let the cat out of the bag! SJT -- 12/07/08

    For the last few weeks, we have all been brainwashed by TERRiA as to how structural separation (ss) of Telstra is required and would benefit consumers, if/when Telstra win the FTTx tender. So rather than talking up their own prospects and plusses, TERRiA seemingly are admitting defeat, but simply attempting to ensue a much weaker competitor, by promoting Telstra's ss.

    Anyway, some of TERRiA's paid disciples have highlighted Mr. Budde as their "independent telecoms expert" who agrees ss of Telstra beneficial for the consumer. This being in contrast to other experts like Mr. Morgan. Mr. Lynch and Mr. Kennedy, who have said ss could do quite the opposite.

    So when given the opportunity what did Mr. Budde actually say (from above): - "structural separation DOESN'T HAVE TO HAPPEN" - not it must happen for the benefit of the consumer. Hmmm. Strange thing for TERRiA's, disciples, star witness to say, don't you think?

    Why then all the fuss over ss? Again Mr. Budde - "the threat that it could be introduced needs to exist - it's the biggest stick the government has".

    Ah, so sell it off, put $b's into the coffers to the benefit of all Aussies, then try to regain control (to continue to prop up leeching competitors) "through the back door" - well, well, well.

    Whilst this isn't a farm, the cat is now out of the bag and that's from the horse's mouth!

    1. Why do you care? James Bell -- 12/07/08

      I still fail to understand why you even care about regulation & separation SJT if you really are just the self-proclaimed humble messenger with no financial interests in Telstra. Let's put things into perspective here. Even if Telstra were supposedly forced to provide services at below cost to competitors, or was forced to functionally/structurally separate... why do you actually care? How would this impact you as a consumer in any negative way whatsoever?

      The only evidence we have of what would occur if Telstra were to be given more control is higher prices for all Australians. Just look at the iPhone plans they launched yesterday! It's a perfect example of screwing Australians whenever the opportunity permits itself.

      And yes keep comparing truly independent opinions with that of your A-Team of experts consisting of an ex-Telecom (Telstra) Union member and the employee of a consulting firm which is paid by Telstra to make such comments.

    2. Just listen to your "own advice" from "your own expert" - lol! SJT -- 12/07/08

      Yes whatever Einstein.

      You now lamely try to (as usual) cloud the issue by pointing the finger at me, without justification? And why? Simply because your very own words have, as they inevitably do, come back to bite you and have made you look even sillier than usual (if that is possible) - lol!

      A few days ago you said Mr. Budde was the only independent expert we should listen too! You now even reaffirm that claim above, by again making libelous innuendo aimed at other "independent experts"!

      Ok, as you wish. Mr. Budde says "structural separation - doesn't have to happen"! Fine.

      So now that I have taken your most invaluable advice and listened to you and your hand picked expert, why don't you just do so too?

      Obviously, listening and accepting the facts (even from your very own, hand-picked expert) has never been, and just isn't your forte` - woot!

      BTW - how was brunch with your precious Optus and Uncy Graeme, most productive, touchy, feely I bet - ROFL!

      http://www.aicc.org.au/event_detail.cfm?id=15

    3. Answer the question? James Bell -- 12/07/08

      Instead of trying to be funny why not actually answer the question?

      The reason I actually consider Mr Budde to be indepenent is because he shows no bias towards any player in this industry and he also has more credentials than anyone else I know of in the telco sector to make an informed opinion. This doens't mean I always agree with his views, however I certainly hold them with greater merit. And in relation to structural separation I agree it doesn't have to happen. I also agree with his opinion that the ACCC should be given the necessary powers to enforce further separation it if needed

    4. Answers - once again for all the non listening dummies SJT -- 12/07/08

      I rest my case, you just don't listen. I have told you before, and more than once, why I care. So once again for all the non listening dummies:-

      I care because I want what is best for Australia and that isn't a bunch of leeching competitors (some multi-nationals) sponging from Australia's Telstra.

      I care because if a NBN is to be built we want it ASAP and done professionally (think the hOPELess experience, which is what we can expect from your paymasters).

      I care because it gets up my nose seeing grubby paid antagonists lying through their teeth about Telstra, simply to gain cash for comments and the list goes on.

      NOW WHY DON'T YOU LISTEN TO YOUR OWN HAND PICKED EXPERT WHO SAYS STRUCTURAL SEPARATION DOESN'T HAVE TO HAPPEN? Oh that's right we should only listen to him when he is being anti-Telstra - lol!

    5. Answer SJT Anonymous -- 12/07/08

      Answer the question SJT, why are you against seperation if it only has positive consequences for you? Oh oh...

    6. Answer! SJT -- 12/07/08

      Firstly, have the decency to put your name or initials, if you ask anything of me.

      Secondly, awaken from your stupor, read what the "experts are saying" - i.e. that ss will cause prices to increase (there's a hint for you and your most in depth interrogation, rocket scientist).

      Then put on the dunces cap and go stand in the corner, without your hands in your pockets! Wouldn't want you entertaining yourself!

    7. Listen to the podcast SJT TJB -- 13/07/08

      SJT, I suggest you listen to the podcast before making comments like that.

      The point Paul Budde was making was that (I am paraphrasing, this is not a direct quote) Telstra are refusing at the moment to consider other stakeholders points of view because they hold such a dominant position; this allows them to maintain shareholder value, but may not be the best option for the rest of the stakeholders (such as the wider community).

      If Telstra continue to refuse to come to the negotiation table, then structural separation needs to be considered, either to force Telstra to negotiate or actually enforce the separation if Telstra continue to be that stubborn.

      That is, the only reason that structural separation would not need to happen is if Telstra came to the negotiation table and worked out a solution that their wholesale customers (and government and wider community) was happier with.

    8. Agree to disagree - but thanks. SJT -- 13/07/08

      My friend, you have pur your "paraphrasing" spin in on it and I have simply commented in relation to the quote from above.

      Perhaps we should simply agree to disagree. But I will endeavour to listen to the podcast, cheers.

      Thanks too for at least the rational debate and addressing the topic, rather than rambling on about "my" interests and whatever else, like these other clowns did - lol.

    9. You gotta be joking Anonymous -- 12/07/08

      Budde independent!! Guess thats true BUT being independent doesn't guarantee being unbiased. Where Paul lives - miles from the Central coast theonly one bothering to supply him is Telstra. Th incumbent is obligated to do this whereas the others can jyust cherry pick. Look at his reports objectively and there is an Antio Telstra theme. Now is that because it deserves it?? I suspect its easier to criticise. Yep I own Telstra shares a very very small legacy from employment 5 years ago. I was retrenched after 3 years. it still has its public service mentality. Which if as many would like it to go back to govt hands would just be enhanced. I only use it services when necessary, but fair's fair which Budde isn't.

    10. Let's ask you that question keith -- 12/07/08

      James is happy to attack SJT and make insinuations about his motive but when anyone questions James' income source he simply lies by denying the facts presented.

      The one example he has repeatedly used in recent days / weeks to attack Telstra has been mobiles & iPhone pricing. This is a ironic as there are 4 major networks, 3 of which have competed for over a decade on a fairly even footing, 2 of the 3 have actually declined in market share in the past year showing growth that is below the market average. This means Telstra's market share is growing faster then the other two. To me this indicates the consumer is being delivered the service they want from Telstra at a price that is acceptable to them otherwise they would not be choosing Telstra.

      Telstra will pull out their experts, you and your employers can pull theirs. Paul Budde is nothing more then a self publicising lunatic who will make any comment to gain friends and keep his name in the papers and he knows it is easier to achieve this by being against Telstra. If we look at the global and independent firms that have made statements about this subject you will find there is a 5:1 ratio of reports against SS to reports for SS.

      The little 2 bit consultants, these orginisations can be bought by either side quite easily but the global players will not sacrifice their reputation and trust in the marketplace to produce reports that could be taken as pampering to the wishes of any one company. These companies have global and long term visions, unlike Budde and co who are more worried about keeping clients happy so they can contract their services next month then publishing unbiased reports.

    11. "True Competition" "Truth" -- 14/07/08

      SJT - Again you are proven correct. Your insightful comments are on the money.

      Australias Telstra does not need breaking up so foreign owned Telcos can continue their "Gravy Train" ride.

      What this country needs is "True Competition" not the regulated stuff under Howard/Coonan they have come to know & love over the last 10 years!!!

  2. How to shut Telstra up in one easy step! Anonymous -- 12/07/08

    Senator Conroy are you listening?

    Please say in private to Sol, or better yet publicly, that you will use Commonwealth powers (and the 4.7 billion) to nationalise telstras nodes and last miles copper. The NBN doesn't need any other part of Telstras network anyway. And this will kill all telstra legal challenges in one blow. They will be fighting to get something back from the govt (good luck) and not block a competitor.

    A JV with the NBN winner, with you owning the last mile wil get it over the line. And you only need pay telstra as you need each node (less money up front).

    Telstra knows what will happen if you do - instead of stranding all their competitors investments - theirs will be stranded. It would be the largest asset write off in Australian history - and would destroy Sol and co's bonuses.

    All good as far as I am concerned!

    Telstra cannot afford to lose the NBN - they have by far the most to lose. All there posturing is about regulation.

    1. how to shut a one eyed fool up in one easy step! Anonymous -- 12/07/08

      why not do that to telstra, then your house next all good as far as i'm concerned

      desperation has obviously set in

      probably words directly from the terria,tttt, ccc, kkk nbn proposal

    2. Re: how to shut up SJT -- 12/07/08

      Anon, why is it you seem to have a problem with the PSTN being vested to Telstra (although in case you are unaware it wasn't gifted, as T4 urban legend would have you believe, it was vested along with $4b+ in debt, which Telstra repaid) but you have absolutely no problem with the government seizing the assets from Telstra and handing them to another consortium gratis?

      Your odd double standards clearly demonstrates a sad Telstra hate mentality, rather than a rational, commonsense telecoms approach.

    3. A question keith -- 12/07/08

      There are somewhere in the order of 20,000,000 copper lines out there plus about 5,000 exchanges.

      If each copper line had the potential to generate $7 per month in ULL income on average this becomes $140 million per month. The cost of the land and buildings plus rental potential for facilities within the exchange would put them in the order of at least $1 billion plus possibly $100 million in income per month.

      What we have is $1 billion in fixed assets and a potential to generate about $1.8 billion a year in income.

      Would you be happy to have the government pay about $20 billion to buy out this infrastructure back from Telstra. The profits over 20 years (the same life of the NBN network) would amount to at least this.

    4. Compensation Anonymous -- 12/07/08

      The constitution says they have to compensate for the asset - not its earning potential. Is the $7 the profit? (17.70 is what telstra charges for copper all the way to the exchange not the node).

      The useful life of a single copper strand is in the 10 year period isn't it? and the 17.70 includes repairs and maintenance power etc. So the capital cost could end up not being that huge.

      The govt wouldn't buy any land - the just need the nodes and the stretch to the houses. Telstra's diagram showing the FTTN shows it clearly - we are all in the backhaul network from the node onwards. The would technically only need one Australian exhange [though that would be poor network design]. This is why they lose the biggest - they have the biggest current investment at the soon to be dead part of the copper line.

      A great deal of the copper for last mile never gets replaced so they would be buying the cheap (most depreciated segment). Could turn out to be quite a bargain.

    5. Hey Its ANON the Telstra shareholder here Anonymous -- 12/07/08

      Please,

      A natural monopoly is to no-ones benefit - it produces monopoly profits(ie higher charges). It has to be regulated to stop that.

      An economic structure that eliminates this capability is great as far as I am concerned.

      I have a mate who worked for a large housing development. He was tasked with the structure of there comms.

      Telstra said (as always) we will isntall the copper on your subdivision if you pay for it and we get to won it (this is their standard practice by the way for all those people that say telstra is investing billions in the last mile).

      Other fun things they do - refuse to share pits - most of the cost of laying any cable is the hole not the cable. They do this so no comepting service can be installed (no not anti competitive at all).

      So he said - get stuffed. The had someone dig the hole and put in the fibre(to the home) and built there own exchange. The homeowners jointly own it all and set there own line rental for last mile.

      They get movies on demand, cable tv, multiple high speed DSL providers(full 24+MB to the door) and telecoms providers. Telstra finally agreed to install some of there kit at the exchange so the could compete for the business.

      But here's the most interesting part: In order for Telstra to install there equipment they had to put a wall in and hire telstra a separate area. Why do you ask? Well, the telecomms area was already officially an exchange. If telstra had put there equipment there then they would have to wholesale it. If the installed it in a 'comms cabinet' then they don't.

      And there are people out there who really believe telstra doesn't actively seek to limit competition. Funny thing, Telstra is acting reasonably under the circumstances.

      Thats why the circumstances need to change!

    6. your mate is anti competitive too then Anonymous -- 13/07/08

      and did your mate share the development of the comms structure with his competition? how anti competitive of him. or did he whoesale any of it or was he forced to wholesale? again anti competitive, you just said telstra was anti competitive for not sharing, didn't you?

      look outside the closed world of comms and even at your own work and you will see that it's not being anti competitive, this is everyday business and you do exactly the same as telstra does yourself, as do i

      do you share with your competitor? no but that's different isn't it, because that's you and we're talking about telstra

    7. It is now a private company and asset Anon -- 13/07/08

      As a private company the value of any asset or shares will be valued based on a complex matrix including current earnings, future earning potential, physical asset values, market climate, growth forecasts and many other items.

      If the company was split up and forced to be sold on any other cost model I am certain the 2 million shareholders out there will demand a much higher price.

      If you disagree go and research any of the top 100 companies in this country and compare their market value with actual physical asset values. There is a thing called price to earnings, it is not called price to asset values.

      The reason T1 was so cheap and the others much higher was that T1 was sold based on your logic while T2 and T3 was based around market forces.

    8. Symbols and letters! Whose a clever boy! SJT -- 12/07/08

      Yes thank you Jeremy.

      Feel free to ignore my links and comments and carry on in your own little world of make believe.

      You are indeed a gentleman and most clever with those combined letters and symbols. Did mummy show you that?

    9. tttt attack sjt Anonymous -- 12/07/08

      sjt I see james has assembled his T4 w4nk3r mates to try and scare you off

      as is said the desperataion has set in

    10. Re tttt attack sjt Anonymous -- 13/07/08

      The only people who are desperate here are those who venture from forum to forum trying to tell us how great Telstra is and how they apparently rip us off for the good of this country

    11. Re tttt Anonymous -- 13/07/08

      and back at you but at least your paid for yours

    12. "Monopoly Myth" Anonymous -- 13/07/08

      All you Singtel/Optus Fanboys love playing the "poor little OPTUS" card and big Bad Telstra. There is no such thing as a monopoly except inside your "empty little heads"

  3. What alternative Bilk Brown -- 12/07/08

    All this rhetoric about taking back Telstra into the government fold, or giving to a more deserving player ignores reality.

    Who should take it? Optus? who now they have grown also "abuses" its position - see ISP offerings? Vodafone, who only provides mobiles? Packer of oneTel fame? MacBank who knows how to get the best out of any asset, like Sydney Airport (and it's FEEs).

    Or do we put it in public hands - you know most of the COTS cases were Telecom not Telstra initiated actions. having worked in Telstra coming from a private industry IT background, it still has its petty officials who cant accept it has to compete fairly. But it is changing - turn it back to public hands and you can also turn back to more bureaucracy

    1. Get real please. Sydney Lawrence -- 13/07/08

      Please excuse my uncouth language but profound fear is driving the anti Telstra clowns to resort to imbecilic utterances.

      This is Australia friends and we do not call for opponents to be confiscated and given to others for our own selfish reasons.

      Senator Conroy will not consider this because it would not be advantageous to Australians and would in fact destroy a vital Australian company.

      Facts are TERRiA is (as Elvis used to say) caught in a trap with no way out. For to attempt the NBN build would be a disaster for them and Australia and desperation has set in.

      Their chances of obtaining finance for the build is next to zero and their only hope now is to call for legalisation to break-up and damage Telstra.

      Considering the fact that Senator Conroy maintains regulation that restricts Telstra to 35% foreign ownership he is unlikely to grant a foreign Government total ownership of Australia's vital National Broadband Network.

    2. Hangem!! John -- 15/07/08

      Looks like we got us a hangin eer, Hangim i say
      godam telstra vermin.

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