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OPEL "Considering Its Options" Print E-mail
Written by Adam Gosling   
Wednesday, 02 April 2008
Optus has struck back at the Federal Government with a strongly worded public statement which suggests that the decision to terminate its contract to build a rural broadband network may be as suspect as the decision to award it in the first place.

While the number two carrier and its joint venture partner again stopped short of threatening legal action over the decision to withdraw the Broadband Connect funding, Optus Chief Executive PaulO'Sullivan said the decision is based on flawed data.

"In our view, the Department of Broadband, Communications and the Digital Economy has now made a flawed recommendation to the Minister - reflecting serious errors in its database of ‘underserved premises' which led it to underestimate the number of underserved premises which would benefit.

"We believe the Department's process was flawed: information was not provided to OPEL in accordance with its contract, and there was little dialogue with OPEL after it lodged the
Implementation Plan in early January," he said in the statement.

"OPEL stands ready to deliver the contract and deliver new broadband services," he went on concluding that "Optus is considering all of its options, in consultation with its fellow OPEL shareholder Elders".

O'Sullivan also said the 'incumbent monopolist', Telsra has been "generously protected" by the decision and that the turn around will have implications "for confidence in future competitive selection processes conducted by this Government."

In a damning allegation that seems to indicate the Government and Department were determined to ensure the failure of the contractO'Sullivan also claimed that: "Three successive written requests from OPEL to meet with the Departmental Secretary were ignored".

He also claims that in contrast to the Government's claim that the implementation plan would not achieve the coverage areas required under the contract, OPEL's bid was assessed as serving 526,474underserved premises.

The actual implementation plan delivered in January this year demonstrated the proposed network would meet the coverage requirements in the contract and in fact deliver broadband coverage to almost 900,000underserved households in rural and remote Australia, 70 per cent more than the Department had assessed.

Optus remains confident in its claim and has again invited the Government to engage an independent audit of the coverage database against the Department's coverage database.

"We believe this would confirm that our claimed coverage accurately reflects the definitions in the Department's Guidelines issued in September 2006, and delivers within the agreed 90 per cent tolerance levels upon the coverage we committed to provide in our winning bid," he said.

He also confirmed that without the proposed funding the new network would not be built.

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