John Linton
Sometimes I wonder if the provision of decision making positions at ISPs is actually part of some sort of Wesley Mission outreach program to give employment to the mentally handicapped. It appears that there is no situation so simple as to be beyond these people's capacity for massive error.
What prompted me to make such unkind remarks (except for my deep envy of more successful ISPs and my own increasing feelings of personal inadequacy) you might ask? The answer is that I was sent a copy of the letter constructed by Melbourne law firm Herbert Geer Rundle on behalf of InterNode, iiNet, Primus, EFTel, Westnet, TSN, Wideband Networks, Network Technology, Adam Internet and Netspace sent to Graeme Samuel at the ACCC. I read it late last night and couldn't believe what I was reading so I re-read it again a few hours ago over the first caffeine hit of the day . It's always nice get the new day started with a long and sustained bout of amusement which, the contents being what they were, would have resulted in bursts of loud laughter if my long dead gran hadn't taught me that it's undignified and unkind to laugh at the mentally ill.
I'm sure that this 9 page letter (which doesn't contain any strictures that I can see) forbidding its use/publication by anyone) must be readily available on the web as it was to the peson who sent it to me so I haven't reproduced it here. It's almost impossible for me what got this bunch of commercial competitors together in the first place (but, you know, I suspect some lawerly advice being the reason) but, Heavens to Betsy, Grampaw, what a farrago of frustrated and fearful little bunnies they must be. These poor people are spending major money on lawyers to demand that Telstra wholesale their ADSL2 services. ....Yes Virginia, there really is a Santa Claus (if you're Telstra).
Did they give this one microgram of thought in their group hug before deciding there was no more perfect way of not only wasting large sums of their dwindling capital but the only result, whichever way it went, would totally 'screw' them?
I have a friend who's convinced that Telstra have a bunch of incredibly intelligent, Nobel Laureate type, intellects hidden away constructing and implemeting the Telstra master plan aimed at restoring the Telstra monopoly. I know that can't be true because....well....I've already passed my 'unkindness to the less abled' quota this morning so I will move on. However, if there were such a group within Telstra it could explain this letter better than anything else I can think of. What can happen other than three certain things:
1) This timorous huddle of bunnies will spend a lot more money than their worst estimates over the next 9 - 24months.
2a) The ACCC will agree that Telstra must sell ADSL2 at a realistic price to Wholesale Customers which, after appeals lasting who knows how long Telstra will do.
2b) The ACCC will disagree that Telstra must sell ADSL2 at a realistic price which, after some more money on appeals by the 9 bunnies new SCs will either stand or reverse to 2a).
And this means what?
Apart from the given of losing a lot of money and management time on law suits either result will be the ruin of the frightened 9. Let's say that the ACCC and the High Court decide that Telstra doesn't have to wholesale it's ADSL2. Huge money losses and time losses over 12 - 24 months. Nothing changes except the nine bunnies are less a lot of cash – chalk up one for Telstra.
Let’s say, now, that the worst case scenario for the timorous nine comes about and that after expensive appeals the ACCC/High Court state that Telstra must wholesale ADSL2 (something Telstra knew all along). Are the wee bunnies now better off? Like Hell they are. Chalk up an even bigger ‘1’ for Telstra.
But surely, I hear you mutter, that can’t be right???
I’ll give my reasoning tomorrow (if you can be bothered reading it) showing that whatever way this goes there’s going to be rabbit for dinner