Regulatory forbearance (extension to the classification of In-Train Order Premises)13 Aug 2019

In-Train Order (ITO) arrangements provide customers with a longer period before mandatory disconnection occurs where a valid order is in place for migration to the NBN.

On 7 August 2019, Telstra requested forbearance to extend the classification of ITO Premises to include instances where NBN Co has entered into a build agreement to change the access technology by which a premise is NBN-serviceable to Fibre to the Premises (FTTP). The proposal will apply in instances where a FTTP build agreement exists, although the premise is not yet NBN-serviceable on FTTP as NBN Co undertakes the necessary build activity.

Telstra and NBN Co agreed that an FTTP build agreement provides an effective indication that an end-user genuinely intends to migrate their services to the NBN and therefore is deserving of the same extended timeframe after a Disconnection Date as afforded to premises with in-place NBN connection orders.

On 9 August 2019, the ACCC agreed to Telstra’s request on the condition that Telstra submits a formal variation to the Migration Plan as soon as practical. The ACCC will consider the variation in accordance with the Migration Plan principles and consult publicly when Telstra submits the proposed variation.