11 April 2013
Mr Joel Dickins
Sent via email:
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: FOI1213/19.02
Dear Mr Dickins,
FOI Application
I am writing in relation to your request made under the
Freedom of Information Act 1982 (
the FOI Act).
On 8 April 2013, you made the fol owing FOI request:
The fol owing statistics on the NBN rollout, both the latest internally available figures past the previously public
statistics (end December 2012) if any, and also as at 31st March 2013.
1. Brownfields Fibre Rollout
a. Number of premises under construction;
b. Number of premises passed (able to order a service);
c. Number of premises with an active Brownfield Fibre NBN service.
2. Fixed Wireless Rolout
a. Number of premises covered by an 'actively under construction' tower site;
b. Number of premises covered by active tower site (able to order a service);
c. Number of premises with an active Fixed Wireless NBN Service.
3. Interim Satellite coverage
a. Number of premises with an active Interim Satellite NBN Service.
Acknowledgment of application
The period for processing your request commenced from the day after you re-scoped the request, being 20 March 2013.
For your reference, the statutory period for processing an FOI request is 30 days, subject to any suspension of the
processing period or extension of the time for deciding the application. In addition, please note that processing charges
may be imposed and that consultation with third parties may be required. If it is necessary to seek agreement to pay
charges or to consult with third parties, additional processing time is provided under the FOI Act. Subject to any such
additional processing time, NBN Co must make a determination in relation to this application by
8 May 2013. You wil be
advised of any charges as wel as any need to consult third parties in relation to your request.
Information Already in Public Domain
It is NBN Co’s standard practice to consider information in the public domain as to be out of scope of an FOI request.
However, we wil endeavour to provide you with links to documents that are already in the public domain. In that regard, I
would refer you to the fol owing
link, which contains a very large amount of information, data, maps and so forth relating to
the NBN rol out, corporate activities, etc.
A Level 11, 100 Arthur Street, North Sydney NSW 2060
P +61 2 9926 1900
F +61 2 9926 1901
E xxxx@xxxxx.xxx.xx W www.nbnco.com.au
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Operation of FOI Act at NBN Co
In addition, I would refer you to NBN Co’s commercial activities exemption (
CAE), as per
section 7(3A) and
Part II of
Schedule 2 of the FOI Act. As you may be aware, documents that are in relation to NBN Co’s “commercial activities” are
not subject to the operation of the FOI Act. For your reference, the Information Commissioner completed a review decision
in January 2012 (
the Internode Decision), which provides background and guidance as to the application of the CAE to
NBN Co. The Internode Decision may be found by clicking on the followi
ng link. While I am not making a formal decision,
nor have I begun to examine any relevant documents, there is a possibility that the documents falling within the terms of
an FOI request to NBN Co may be subject to the CAE.
Disclosure Log
NBN Co is required to publish documents on its website within 10 working days after the release of the documents to an
FOI applicant. The information you seek may be published in ful (as released to you) or with some additional exceptions
as per section 11C of the FOI Act. For further information please visit our website and click on th
e Disclosure Log link.
If you have any questions or need to discuss your application, please feel free to contact the writer on Tel. (02) 8918 8596
or via email o
n xxxxxxxxxxx@xxxxx.xxx.xx.
Sincerely,
David J Mesman
FOI Officer
A Level 11, 100 Arthur Street, North Sydney NSW 2060
P +61 2 9926 1900
F +61 2 9926 1901
E xxxx@xxxxx.xxx.xx W www.nbnco.com.au
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Document Outline
