Is this is a trick?
The only reason anyone will want to use the existing HFC infrastructure in a few years is for watching TV. It is almost as useless as dialup for outgoing data, with 1 Mbps upload speeds the norm.
Is this submission designed to impede the fibre rollout? Provided the issue is not used as a way to confuse the public over the merits of fibre, there should be no reason not to examine it.
My chief concern is that if the ACCC requires Optus and Telstra to grant at-cost access to HFC to its competitors, they will demand more compensation from the government for decommissioning HFC when fibre arrives, and that would be a major reason not to open it up. I smell a rat.