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Splitting hairs to say no perhaps. That's a monopoly at the network level.No. The framework they created was for a single open-access network with retail competition.
In essence, an oversight by Labor that leaves MT with an ideological dilemma.TPG are trying to use a loophole in the legislation which allows small extensions of existing networks, which made sense because banning any addition could leave new premises 'at the end of the line' without a service until the NBN went through.
It was never the intention to allow TPG (or anyone else) to light up their installed commercial dark fibre, then 'extend' it into hundreds of premises and turn it into a vertical monopoly FTTN network. The legality of those actions is yet to be tested, but in any case could be easily overcome with an amendment to the NBN legislation.
The problem is that banning it would go against Turnbull's public demands for infrastructure competition, while allowing it will destroy his business case. Decisions, decisions.
My bolds.