Federal cabinet rejected recommendations from one of the government’s top financial advisers to take a tougher approach in negotiations with Telstra over the national broadband network.
According to multiple sources close to the negotiations, investment bank Lazard pushed for lengthier non-compete clauses preventing Telstra from building fixed-line infrastructure long after the NBN is finished – slated for June 2021.
Lazard, which advised the government on the $11 billion transaction, also raised concerns about the size of payments to compensate Telstra for the loss of its wholesale monopoly and for access to its fixed-line infrastructure.
RECOMMENDATIONS REJECTED
A broad range of advice was prepared by senior Lazard bankers, including chief executive John Wylie, for cabinet before the deal was signed in June 2011. It is understood these two recommendations were rejected.
“This was a political project and a political decision was made to push ahead as quickly as possible,” said one source. “This was not a project about commercial outcomes. It was about political outcomes.”
The federal opposition has confirmed it intends to dramatically scale back the NBN if elected. This would require the complicated agreements with Telstra, which run into thousands of pages, to be renegotiated.
According to the AusTender website, Lazard was paid $3.9 million for 18 months of NBN advice.
The office of Communications Minister Stephen Conroy said the government “considered a range of advice in making its investment decision, including from NBN Co, external advisers, and government departments”.
A spokesman said: “The government determined that the commercial structure and arrangements of NBN Co were fair and appropriate.”
Senior government sources played down the decision, saying that, as is usually the case with cabinet submissions, a range of options was put to ministers, and there were some conflicting opinions.