18 May 2020
GPON
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: FOI-1920/76.02
Dear GPON
Request for Information
I am writing in relation to your correspondence to
nbn’s FOI Officer email address on 3 May 2020 in the following
terms:
“
Seeking documentation contained within any electronic of physical storage that reports on failure rate of
customer premises equipment (CPE) by technology type.
FttP (NTD)
HFC (NTD)
FttC (NTC)
FW (NTD)
SAT (NTDj
In particular
Disclosing the mean time to failure (MTF) or life expectancies for customer premises equipment Vs actually
recorded failures on equipment since 2013.
To be CLEAR.
Reports on number of CPE that has failed since 2013.
Reports on any manufacturing MTF data on all CPE types.”
The
Freedom of Information Act 1982 (Cth) (
FOI Act) provides that members of the public have a general right of
access to specific documents, subject to certain exemptions. Und
er section 15(2) of the FOI Act, a valid FOI
request must state that the request is an application for the purposes of the FOI Act and provide such information
concerning the requested documents as is reasonably necessary to enable
nbn to identify them, among other
things.
Notice and Scope of Request
Your request seeks information related to “
customer premises equipment (CPE) by technology type”. Your
reference to “
customer premises equipment (CPE)” is uncertain in the context of fixed wireless and satellite
technology types. Do you refer to the
nbn supplied network termination device box installed inside the end
customer’s home, or to the externally installed dish or antenna, or to both? If you wish to proceed with your
request, please clarify this.
In relation to technology type, do you mean all technology types used on the
nbn™ network, or only to those
listed in your request.
Your request refers to “
failure rate” of equipment. It is unclear whether this refers to failures due to malfunction
within the equipment itself, or failure of the equipment as a result of external factors, or both. Please clarify this
if you wish to continue with your request.
As currently drafted, the terms of your request are not sufficiently clear and the particular documents that fall
within the parameters of the request are therefore not reasonably identifiable. Accordingly, your FOI request, in
its current form, is invalid. Until you clarify those terms,
nbn will not formally acknowledge your request, and the
statutory period for completing this request will not commence.
nbn’s Commercial Activities Carve-out I refer you to
nbn’s commercial activities carve-out (
the CAC) or carve-out from the application of the FOI Act and
refer you to
section 7(3A) an
d Part II of Schedule 2 of the FOI Act. Please be aware that documents that are in
relation to
nbn’s “commercial activities” are not subject to the operation of the FOI Act and would be exempt
from release. The following link summarises and provid
es general background information concerning
nbn’s
commercial activities carve-out. That background document references two reviews by the Australian Information
Commissioner that considered
nbn’s CAC:
the Internode Decision (in January 2012) and th
e Battersby Decision (in
July 2013). While I am not making a formal decision and have not reviewed any documents, I note that there is a
distinct possibility that documents falling within the terms of this request may be subject to the CAC, among other
exemptions from release.
FOI Processing Period and Charges
The statutory period for processing an FOI application is 30 days, subject to any suspension of the processing
period or extension of the time for deciding the application. Please also note that
nbn may impose processing
charges in relation to FOI requests. You will be advised of any charges in relation to your request.
For your reference, processing charges for FOI applications are set by regulation and may be found at
nbn’s
website – and, in particular
, its FOI page. The following hyperlink outlines
nbn’s approach to processing charges:
Submission to the Office of the Australian Information Commission
er Charges Review. In particular,
nbn supports
– and will generally apply – Recommendation 24 in th
e Hawke Review into FOI Legislation, (
the Hawke Review) as
a benchmark in reviewing FOI applications. For your reference, Recommendation 24 suggests a 40-hour ceiling for
all FOI processing charges. More information about charges under the FOI Act is availab
le in Fact Sheet 7 on the
Office of the Australian Information Commissioner’s (
OAIC) website and in part 4 of the OAI
C FOI Guidelines.
Disclosure Log
In accordance with the FOI Act,
nbn is required to publish documents provided to FOI applicants within 10
working days after release. The information you seek may be published in full (as released to you) or with some
additional redactions as per section 11C of the FOI Act. For further information and other details, please visit our
Disclosure Log on
nbn’s website.
Please feel free to contact me on (02) 9031 3022 if you have any questions, or if you would like to discuss your
request.
Yours sincerely
Rohan Singh
Senior Legal Counsel
FOI Privacy & Knowledge Management