Assessment of Telstra's Structural Separation Undertaking and draft Migration Plan
Telstra - Structural Separation Undertaking and draft Migration Plan
Summary
On 29 July 2011, Telstra submitted a structural separation undertaking and draft migration plan to the ACCC under sections 577A and 577BDA, respectively, of the Telecommunications Act 1997 (Cth). Telstra also provided a submission in support of its undertaking and draft plan.
On 24 August 2011, Telstra submitted a revised draft migration plan in response to certain concerns raised by the ACCC. Telstra also provided a letter outlining the amendments to the draft migration plan and proposed future amendments to the structural separation undertaking.
On 25 August 2011, Telstra provided the ACCC with a letter intended to better inform interested parties about the proposed organisational and staff incentive arrangements included in its structural separation undertaking.
On 9 December 2011, Telstra submitted a revised structural separation undertaking and a submission in support of its revised undertaking.
On 25 January 2012, Telstra provided the ACCC with a supporting submission explaining the implementation timeframe for its structural separation undertaking.
On 23 February 2012, Telstra submitted a further revised structural separation undertaking.
On 27 February 2012, the ACCC accepted Telstra’s structural separation undertaking (version dated 23 February 2012) and approved the draft migration plan (24 August 2011). A copy of the ACCC’s final decision is below. The ACCC also accepted a joint section 87B undertaking from NBN Co and Telstra in connection with matters raised through the consultation process. A copy of the undertaking will be placed on the public register and is also available below.
On 6 March 2012, Telstra's Structural Separation Undertaking and Migration Plan came into force on the signing of a declaration by the Minister under subsections 577J(3) and (5) of the Act. These declarations are available on the DBCDE website.
Consultation
The ACCC is responsible for assessment of the structural separation undertaking and draft migration plan.
The ACCC was required to undertake a 28 day consultation period in relation to the draft migration plan. The ACCC has also invited comments from interested parties on Telstra’s structural separation undertaking.
ACCC's discussion papers
On 30 August 2011, the ACCC issued a discussion paper inviting comment from industry stakeholders and consumers in relation to Telstra's Structural Separation Undertaking and draft Migration Plan.
On 16 December 2011, in response to the submission of Telstra's revised structural separation undertaking, the ACCC issued a discussion paper inviting comment from industry stakeholders and consumers.
These discussion papers and relevant materials can be found below.
ACCC decision on Telstra’s Structural Separation Undertaking and draft Migration Plan
Explanatory note - Telstra's public TEM reporting templates
These are the templates that Telstra has advised the ACCC it will use as the basis for its public TEM reporting pursuant to paragraph 2.2 of Schedule 9 of the revised SSU.
Explanatory Note - Telstra and NBN Co's responses to questions regarding Definitive Agreements
The ACCC has asked NBN Co and Telstra a number of questions regarding the operation of the Definitive Agreements. The parties have advised that their responses may be made publicly available.
The Disconnection Protocols agreed between NBN Co and Telstra which are included in a Schedule to the Subscriber Agreement are relevant to understanding the disconnection process.
The Disconnection Protocols represent the key commercial commitments that Telstra and NBN Co have agreed in respect of the disconnection of the Telstra Copper Network and HFC Network. They have been disclosed in order to provide some context for the public consideration of Telstra’s Structural Separation Undertaking and draft Migration Plan.
Readers should note that in a number of important areas these provisions address different subject matter to the regulatory obligations in relation to disconnection set out in Telstra’s draft Migration Plan. Further, the arrangements in the Disconnection Protocols involve only Telstra and NBN Co. More information in relation to NBN Co’s view of wider industry migration processes and arrangements is set out in the Migration to the National Broadband Network information guide published by NBN Co and available on its website.
Definitions pertaining to capitalised terms are located elsewhere in the Definitive Agreements and have not been disclosed. However, key terms and concepts are explained in the Migration to the National Broadband Network information guide published by NBN Co and in the ACCC’s discussion paper on the Structural Separation Undertaking and draft Migration Plan.
Certain provisions have also been omitted as they relate to commercial arrangements between NBN Co and Telstra and are not relevant to an understanding of the disconnection process, as set out in the Disconnection Protocols and the draft Migration Plan.
