Present: David Farrar (Chair), Judy Speight, Simon Riley, Pete Macaulay, Jonny Martin, Chris Streatfield, Rick Shera, David Diprose, Julian Kersey, Colin Jackson.

In attendance: Jordan Carter, Keith Davidson, Richard Wood.

Opened: 3.02pm

1. Apologies

Julian Kersey (lateness)

Colin Jackson (lateness)

Jennifer Northover

Mark Harris

Jamie Baddeley

2. Deputy ED

The committee noted Jordan’s promotion and that he has been given more discretion in the public policy area.

3. Membership of Committee

David noted he has met Rod Drury, and is happy to join the Public Policy committee. He has a high profile in dealing with the broadband area. David suggests addition.  The committee agreed to the addition of Rod Drury to the Committee (moved Simon, seconded Chris).

David noted that Tom Vest, an overseas-based telecommunications expert, has offered to participate by being part of the mailing list for the Committee. David recommends his addition to the Committee. Chris noted he has just joined as a member.  The Committee agreed to the addition of Tom to the Committee’s mailing list.

The committee noted that Julian Kersey from Vodafone has been added to the Committee, representing Vodafone, on Council’s motion since the previous meeting.

AP: Staff to add Rod and Tom to Public Policy Committee list.

4. Minutes of Last Meeting – 02 November 2006

Accepted as a true and correct record.

5. Action Points / Matters Arising

The Committee reviewed the Action Points and comments are noted on the Action Points register below. No items need separate discussion from further Agenda items in the Chair’s view.

6. Copyright Amendment Bill Submissions

a) Submission

David handed over to Jordan to brief the Committee. Jordan noted that the submission is due on Friday, and Rick Shera noted that it is close to the original draft, with further input from others’ submissions and the workshops held.

People agreed the work of the seminars was very credible. The input has also toughened InternetNZ’s position on some issues.

David noted some input to come from Russell Brown, and some additions from David on the nature of the workshops. He also suggested that half an hour should be requested of the Committee for our oral presentation, as the submission is long and detailed.

David asked for further discussion or suggestions. Keith noted that the oral submission should note the top priority issues – he suggested this being Notice-Notice. David thought ISP liability and Notice-Notice were most important, followed by DRM issues. Third would be general provisions on format and time shifting.

The committee agreed with this priority.

The committee noted that the Submission is approved to go forward to Parliament, subject to final editing.

David noted the likely attendees to submit are David, Jordan and Rick Shera, but all are invited to the meeting.

b) Lobbying

David noted we do need to lobby MPs, and asked for suggestions as to who we might lobby apart from general targets.  He noted Judith Tizard and David Cunliffe from the Ministry, Gerry Brownlee as Committee Chair, United Future’s swing vote (Gordon Copeland), Nandor Tanczos (Greens support), Maurice Williamson (National), Katherine Rich (Opposition Broadcasting spokesperson).  Jordan noted he will meet with Maryan Street and Charles Chauvel (Labour) on the issues.

David noted that there are no particular issues outstanding where massive resistance to InternetNZ’s proposed changes are expected, but the response of other interests to our submissions is yet to be understood.

There was a brief discussion regarding others’ positions and publishing our submission. There is some commonality. Notice and Notice seems likely to gain considerable support (e.g. from Telecom).

David noted it worth asking how many submissions have been made to the Committee, on submission.

Julian noted that if there is a push from industry, the Arts, Culture and Heritage Private Secretary in the PM’s office should be briefed on this.

Simon’s view is that a key hook is not surrendering New Zealand’s national interest without a bargaining chip. Rick agrees that this is fundamental to the Bill and the politics around it.

Rick notes that if briefing the PM’s office, the issues around TPMs would usefully highlight some of the problems in the Bill. Particularly how they may affect public access to public domain material, and of what happens if people go out of business and have left locked content.

7. Broadband Campaign

a) ACTIVITY SINCE PREVIOUS MEETING

i) Rural Broadband

Keith, Simon and David met with Federated Farmers, noting our desire to work with them on rural broadband issues, and recognising that Government acknowledges the need for a specific rural strategy. Need to work to develop concrete suggestions. Jordan reported on a follow up meeting with Federated Farmers which had the same outcome.

Judy Speight is looking at a regional review of Probe, to see where it has got to. There will be some money available to do it, and the findings will be published. AAS are involved. This will also consider what to do next. This has relevance to the Summit.

AP: Jordan and Simon to meet with Judy to further discuss this process.

ii) Operational Separation

David reported on the successful workshop in Palmerston North that has got people thinking about operational separation – the split of Telecom, the services that should be covered, and people’s priorities. Attendance was good. The issues that came out were canvassed.  He is working on a letter to the Minister on the results of the workshop still.

Julian asked how many others are working directly with MED – not many. David noted some people have been working with Telecom on moving ahead in this area, but a lot of work is required.

iii) Digital Communities

Simon noted the material from the workshop in November is out. It is available on the website. The project team (LGNZ, SR and PJM) have been following up major action point (Scottish E City Network to be brought to NZ), and is coming to a head in the near future. Simon can provide more information.

iv) Fibre to the Home

Jordan reported on lobbying efforts to help get a mention of Fibre by the government in the PM’s speech to Parliament this year. Other efforts are going on to raise this.

David noted InternetNZ has a key coordination role here, which can be discussed in actions – we should be able to talk to Ministers in the next two months.

Simon noted that in the past 2 weeks, three events have raised the fibre issue in the minds of ministers and Government:

- Rod Drury's paper " Securing our Digital Trade Routes " was released and got a lot media coverage

- One of the 5 key priorities identified at NZ Public Libraries Summit held last week which discussed the Public Libraries of New Zealand: a strategic framework 2006-2016 white paper required that all libraries and schools need to be connected by fibre to the KAREN network
- recent meeting of GIAB ( Growth and Innovation Advisory Board) included Fibre to the Home on its agenda. 

The costs are unknown - $1.75bn has been mentioned as a figure for Fibre to the Node, but this is not scientific.

Jordan noted the need to not get flooded with workstreams, and to achieve good outcomes. He also noted Wellington City Council’s policy was adopted. David noted that we should write to the Mayor to congratulate the Council on this matter, and that we may end up with National and Local fibre workstreams. Local body election year provides an opportunity.

AP: Staff to start a Tiger Team mailing list and David to recruit members.

AP: Letter to congratulate Wellington City Council on adoption of their Broadband Vision.

v) Industry / TCF Working Groups

Jordan briefly reported on these matters. There were a range of discussions about involvement in the Spectrum Management group, and Jordan’s intention to retain a watching brief. They are now working in with the regulatory system.

b) NEXT STEPS

i) Amsterdam study trip

Jordan briefed the Committee on the trip (FILL OUT). Pete suggested talking to Frank about funding sharing; there was a general view to keep it in house. Jordan will prepare a thorough report and is to advise Reg he is attending, and asking how this can be of use to MED. The key benefits are relationships with local government participants, viewing business models, and policy frameworks for local rollout.

The Committee endorsed Jordan’s attendance, noting that budget is available through the Internet Regulatory Issues budget line.

ii) Rural broadband

Jordan asked Simon to talk to his proposal, after noting that the workstreams need to be sorted. Simon noted the TSO Review has a workstream on TSO and Rural Broadband; InternetNZ will need a response. The RoundTable idea would bring key stakeholders together to discuss the issues that will be needed to respond. The Stocktake process from last year noted a need to do rural, and so this has to happen. Jordan noted some work is being done by MED.

The cost would be lunch, Jordan’s time for an issues paper. Pete noted that this is a hot issue for the year; some money ought to be made available to make this happen. David noted that a large investment is required to keep up with Australia in this area.

The Committee agreed that staff should proceed with this project subject to discussions with E-regions, and agreement on how to proceed with workstreams.

iii) Operational separation

Jordan noted that a letter will go to the Minister soon, setting out our view on the draft determination. There may need to be a workshop if the determination looks rough, and will probably require one for industry views on the actual Undertakings.

Pete asked about the ability of MED to deliver on this, as per the media. Ernie Newman felt that his comments were misrepresented, and Jordan noted our frustration with the resource constraints in MED has been public and extensive.

iv) Digital Communities

Simon touched on this above – efforts are focused on BusinessLab in Scotland as the owners of the E-cities concept licence. Progress expected in the next few weeks.

v) Mobile Colo and Roaming

Jordan outlined the issues and stated that this is on the edge of work areas, and given resource constraints it might be wise to see what results from the Issues Paper currently under consultation are. If the Commission decides to move down the regulatory path, we can reconsider involvement at that time.  The Committee agreed with this approach.

vi) OECD Broadband Research

David reminded the Committee of the research commissioned from Wairua Consulting last year, on broadband plans around most of the OECD. The report was well received, and David’s question is whether Committee members support a reprise of this, perhaps on a regular annual basis, to observe changes and trends in New Zealand’s relative position in the OECD.

Chris noted that the issue is how frequently the plans change. David thinks that change is likely to make it useful. David’s proposal is to fund this from XXXXX.

Colin noted that this was in part to balance another report from Azimuth. He also noted the StatsNZ survey, which might be similar. David says they are different studies – they are about client numbers. Colin is concerned we could be saying different things to StatsNZ and this may damage InternetNZ.

Other members disagreed with this interpretation. The study is about the quality of the mix of plans available. It is not related. Colin is relaxed if it is about quality, which David believes that it is. Simon on a conceptual level agrees with a Broadband Score Card. All we rely on is the OECD data, which shows numbers of subscribers. It does have to become annual. Simon notes that plans do occur and so annual is OK. MED might be able to be involved in funding this? Vodafone is working on benchmarking with MED and agrees they have a narrow picture – a broader report could be useful.

Simon’s proposal is that the report needs some scoping and how it could be put together, on a three-year basis and who might help fund it, with a proposal to come to the next meeting.

Jordan noted a view that OECD target is a chimera and we could focus on generating national targets. David noted this style of report could be a very useful input to such a task, ensuring any national targets are credible.

The Committee agreed that Jordan, Simon, David and Julian to discuss and return a proposal to the next Committee meeting.

AP: Jordan to convene a meeting as agreed.

8. Prioritisation of Public Policy work

David noted that Colin wishes Council to do this. Colin reiterated his view. Jordan explained his rationale for putting the matter on the agenda, the need for staff input from the Committee on operational prioritisation. David noted this could be usefully done after the Council session, which would have to be strategic.  The Committee agreed to this approach.

9. Internet Code of Practice

David noted that the Telecommunications Amendment Act passed last year gives the Minister the power to regulate in the absence of an industry code. There is the InternetNZ code and there is the TDRS.

Richard noted that ISPANZ have previously considered the ICOP and the TDRS. Although there is overlap, there are substantial differences. ICOP goes beyond the minimal requirements of the TDRS – the ICOP includes best practice. Keith notes that the TDRS is in place of the small claims tribunals, and is where fault or complaints have arisen.

Keith thinks that if we focus on Best Practice in the ICOP, and the TDRS does disputes, this would be a nice synergy. David notes there needs to be some dealing with recalcitrant Code members if they emerge.

David notes ISPANZ is a key stakeholder. He would like a commitment that Richard, DPF, Pete Macaulay and David Diprose establish a timetable for final decisions (regardless of the outcome) within the next twelve months.

David Diprose agrees with that process, and the question is how it sits alongside the TDRS/CCC.

The Committee agreed to this approach.

AP:      Meeting to be convened by Richard on the basis of the above, with a report within the next two months.

10. Parliamentary Internet Caucus

Jordan briefly reported on this. He will meet with the Minister’s office to get the results of the survey on issues to be covered, and circulate this to the Committee when available. A first meeting is hoped for in April.

11. Cyberlaw Fellow

Keith was to report on this but he has left the meeting. The CV was circulated on the list this morning, and he will be at the Council meeting. Internet Governance is his topic for the research paper. He is engaged with our issues.

12. Anti-Spam

David noted the law has been passed, with Royal Assent on 6 March 2007, so it takes effect from 6 September 2007.

Richard notes not more to say, the aim now is education. InternetNZ will work with the DIA on this. David asked people who are aware of industry and business meetings we could attend to explain the law to them, to advise Richard of this so InternetNZ could help educate them.

Simon noted an NZT&E conversation regarding AntiSpam; agencies will be looking for information and education material. Simon advocates a meeting with DIA, key stakeholders, TMA, etc. The action to do it is already here, Richard is leading this. Jordan noted MED is also interested party. Chris noted that the need for education is very important.

Simon asked for a report on what is planned for public education in this area. Richard agreed it will occur.

13. Related organisations           

Netsafe

David reported that the Members Consultations did not oppose the Strategic Partnership. Council will adopt the Plan on Friday, and will thereby approve the Strategic Partnership in so doing, to be communicated to Netsafe.  Richard Wood attended the Annual Meeting of Netsafe in March to represent InternetNZ. He is working with Martin on a release on the Strategic Partnership.

David notes that InternetNZ needs to know about upcoming events etc. Rick responded that people might mention Internet Safety Group’s school cybersafety kit is almost ready to republish. It is going out to all schools in New Zealand, InternetNZ logo included. David asked who the other Strategic Partners are – Rick noted InternetNZ and Westpac.

ISPANZ

Richard Wood and David Diprose were asked for comments. David noted the position paper on peering, which is the major output in recent times. They are grateful for InternetNZ input on the submission on the Copyright Bill.

TUANZ

Keith and Ernie are discussing ICT Summit and other issues. Usual contact is ongoing. No specific issues to raise. Colin noted contact with Merv informally, talking things through. The level of cooperation between InternetNZ and TUANZ is operational.

Judie asked why ICT-NZ is not here – David noted not a lot of policy engagement here yet.

14. Digital Strategy Update

Pete Macaulay gave a briefing to the Committee on this, and answered questions.

15. General business

None.
 

Date of next Meeting           Thursday 12 April 2007, at 3.00pm.

Meeting closed:                    5.03pm          

 

Signed as a true and correct record:        
 

 

……………………………………………       

David Farrar, Vice President, CHAIR

Action Points Register

Status as at 6 March 2007

 

Action Point	Who	Status
Action point: Send out cold call correspondence to potential guest speakers “as discussed if you are in NZ in the next couple of years please let us know, or if you have no planned travel to the area we would like to discuss creating opportunities for you to travel here”.	Staff	To do
Action point: Work with Pete Macaulay to brief the next PUBPOL meeting on the Digital Strategy and about what sort of alignment InternetNZ should be considering.  Note – timing issue to work in with the strategic plan.	Jordan Carter	For next agenda
Action point: Look into whether Jennifer should be on the Strategic Planning Tiger Team.	Jordan Carter	Lapsed
Action point:  Talk to the CEO of Federated Farmers regarding issues and common agreement and what we can work together on.	David Farrar	Complete
Action point: Talk to Ministry of Economic Development, Paul Alexander, the Minister’s office, to get a feel for rural broadband issues and for more information around timing.	Jordan Carter, Simon Riley and David Farrar	Some progress
Action point: Identify further rural stakeholders.
Action point: Post a list of issues around regional broadband to the pubpol list.	Alistair Dixon	To do
Action point: Circulate CV of the new Cyber Law Fellow.	Staff	Complete
Action point: Cyber Law micro site to be set up.	Staff	To do
Action point:  Look into the issue around half sponsorship.	Cyber Law management team	To do