NBN has lost a court case against TPG Telecom group company, PIPE Networks, over alleged misleading and deceptive conduct.
In 2014, the company formerly known as NBN Co, initiated proceedings against PIPE Networks in the NSW Supreme Court in connection with TPG’s fibre-to-the-building network.
PIPE Networks has been rolling out its fibre network to multi-dwelling units relying on powers given to carriers under the Telecommunications Act.
NBN Co claimed that the power did not extend to entitling PIPE to plug its equipment into an existing power socket (on the common property of the building) and draw electricity. It claimed that PIPE was misleading strata managers and building owners by asserting that the Telecommunications Act did grant PIPE those powers.
Justice Kunc of the Supreme Court on Tuesday found that PIPE was entitled by the Telecommunications Act to install its equipment in the buildings, to plug the equipment into the common property of the building and to draw electricity.
“We are very pleased to have been successful in these proceedings,” Tony Moffatt, general counsel of TPG Telecom, said in a statement.
“Carrier rights have been in place since competition was introduced to the telecommunications market and were designed to place all competitive carriers in an equal position.
“The judgement is important for the industry and confirms that TPG, NBN and all other carriers have an equal entitlement to install and operate equipment in buildings, including by using electricity.”
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