news As expected, Telstra’s landmark National Broadband Network deal with the Federal Government and NBN Co is set to go ahead, with the nation’s former monopolist telco confirming this morning that proxy and direct voting positions at its Annual General Meeting in Sydney today meant shareholders had given their approval.

The deal — largely finalised in June this year — will see Telstra transfer its fixed-line broadband customers across to the NBN’s fibre and wireless infrastructure as it is rolled out around Australia over the next decade, as well as give NBN Co access to key parts of its infrastructure. Telstra’s copper network will be shut down, and the company will no longer sell broadband services over its HFC cable network. The cost to NBN Co will be about $11 billion in recompense.

One of the final hurdles for the deal was a vote by shareholders at Telstra’s annual general meeting this morning. The company’s management had recommended shareholders support the arrangement.
In a statement this afternoon, Telstra noted the final count of the votes had not yet been done, but based on the proxy and direct voting positions of shareholders so far, it was “clear” shareholders would approve the deal.

Telstra chairwoman Catherine Livingstone (pictured) said the telco’s recommendation that shareholders approve the deal had received a “strong endorsement” from shareholders.
“From the outset, we said we would put any proposal to cooperate with the NBN to shareholders,” she said. “We consider the vote today as the most important step in the process we commenced over two years ago.”

“It is clear from this interim result on the resolution that, given the alternatives facing their company, both institutional and retail shareholders are supportive of our involvement in the NBN. We look forward to realising the remaining conditions precedent, implementing the transaction and realising the benefits we expect it to deliver, including the contribution to sustainable free cash flow in the medium term and greater regulatory stability.”

From here, perhaps the only remaining large hurdle to Telstra’s participation in the NBN process is the acceptance by the national competition regulator of Telstra’s Structural Separation Undertaking and NBN migration plan. The documents will guide how Telstra migrates its customers onto the NBN, as well as how it deals with its wholesale customers (many of whom are also its retail competitors) in the interim period, while the network is being built.

Livingstone said Telstra continued to work closely with the Australian Competition and Consumer Commission on the issue, and planned to submit a revised SSU document “in the coming weeks”, following early ACCC complaints about Telstra’s first SSU draft.

“We continue to believe that none of the issues raised by the ACCC in relation to the SSU [are] insurmountable and that they can be resolved in a way consistent with our principle of protecting shareholder value,” the executive said.

“However, if any material changes occur, we will ensure that shareholders have an opportunity to consider and vote on them. In considering the materiality of any changes, we will take into account the costs associated with their implementation and the degree to which the proposed transaction will continue to deliver greater regulatory certainty than the best available alternative.”

The NBN deal will likely be remembered as one of the main achievements of the current generation of Telstra management, led by Livingstone and chief executive David Thodey. The pair’s ascension to the Telstra leadership in 2009 was accompanied by a marked change in Telstra’s attitude towards the Federal Government and the NBN. Previously, Telstra’s then-chief executive Sol Trujillo and chairman Donald McGauchie had pursued a somewhat hostile relationship with the Federal Government and an ambiguous relationship with its flagship broadband project.

At least one consumer group has already welcomed the deal, with Digital Tasmania spokesperson Andrew Connor stating the agreement signified “a historic day in the evolution of the communications market in Australia”. “Consumers across Tasmania and indeed all of Australia will benefit from improved services and competition.”

However, the medium- and long-term future of Telstra’s NBN deal does still remain somewhat up in the air. If the Coalition wins the next Federal Election, which will likely be held in 2013, it remains likely the deal will be re-examined.

Image credit: Telstra

Related posts:

1. IT’S DONE: Telstra inks $11bn NBN deal
2. “It’s a shocker”: Telstra board faces shareholders
3. Will NBN Co sign its Telstra deal this week?
4. Telstra seals $11 billion NBN deal
5. Telstra again threatens to cancel NBN deal

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1. Hubert Cumberdale
   Posted 18/10/2011 at 1:33 pm | Permalink | Reply

   NBN deal poll: http://delimiter.com.au/forum/national-broadband-network/645-why-did-telstra-shareholders-approve-nbn.html

2. Michael Wyres
   Posted 18/10/2011 at 2:34 pm | Permalink | Reply

   Holy shit…the sky hasn’t even fallen in…

   • Anonymous
     Posted 18/10/2011 at 3:00 pm | Permalink | Reply

     Alan Jones’s show does not start for another 15 hours …

3. toshP300
   Posted 18/10/2011 at 3:12 pm | Permalink | Reply

   *marked change in attitude*

   Telstra’s strategic interests remained unchanged from the Trujillo era. David & Catherine are only “co-operating” because the Labor Government is holding a gun to its head in the form of the draconian CCS Act.

   in simplified terms, the Act offers a Clayton’s choice to Telstra shareholders because Telstra has to structurally separate or face having its various mobile and pay-TV interests stymied or dismembered at the discretion of the Minister. deviously-crafted “legislative blackmail” if you like.

   furthermore, the architects of the Bill clearly recognise that while plans for a new government telco remain in existence, the only means available for Telstra to implement structural separation is to betray Australian consumers by accepting the $11bln bribe from NBNco to shutdown the copper and HFC networks and shunt the entire market onto the Government’s super-expensive fibre platform. (no rational investor would subscribe to shares in a CAN spin-off in the face of a brand new, taxpayer-funded fixed-line network.)

   also, it’s worth noting that Telstra management today pointed out that the NBNco deal not only hedges the company against the impact of a fully rolled-out NBN, it also strengthens Telstra’s bargaining position should a future Government seek to terminate the fibre roll-out. all those hundreds of millions (or billions?) of mandatory payments that, contractually, will have to be paid regardless of any decision to continue or terminate the fibre build will be a valuable bargaining chip to fight structural separation should the project be terminated. (they could even swap those payment obligations for brand new fibre assets and effectively reverse the parts of the access network that have been separated to date.)

   you can only shake your head at Labor incompetence and waste.

   • Glenn McGrath
     Posted 18/10/2011 at 4:03 pm | Permalink | Reply

     Why did you say Labor, was it a typo ?

   • Pepe
     Posted 18/10/2011 at 4:24 pm | Permalink | Reply

     unchanged from the trujillo era, legislative blackmail and previously parasitic competitors… are you actually phil burgess (or more seriously, maybe Rod B – that would explain a lot)

     ;-)

     btw – the election isn’t until 2013, so please give us a break by leaving your incessant campaigning/grandstanding until then, thank you.

   • Sonicmerlin
     Posted 20/10/2011 at 3:05 am | Permalink | Reply

     “Parasitic competitors”. Spoken like a true monopolist.

4. Anonymous
   Posted 18/10/2011 at 4:10 pm | Permalink | Reply

   this can’t be correct