On 14 November 2012, the ACCC approved a number of minor variations to the migration plan. These variations include three key amendments to clause 17 of the migration plan.
Telstra is required to develop “Required Measures”, which relate to the operating processes that Telstra will follow when disconnecting customers from its copper and HFC networks.
Telstra’s draft Required Measures 2, 3, 4 and 6
In October 2012, Telstra submitted draft Required Measures 2, 3, 4 and 6 to the ACCC for approval:
(2) Process for managed disconnection of copper services (which are not special services) on the disconnection date. (3) Process for managed discussion of HFC services. (4) Process for Telstra to build copper paths at premises which had previously been permanently disconnected, in order to supply special services and special service inputs to that premises. (6) Information security arrangements for the handling of information provided by NBN Co to Telstra pursuant to the Definitive Agreements (the NBN Information Security Plan).
Telstra's draft required measures and supporting submissions are available here.
ACCC decision
On 7 February 2012, the ACCC directed Telstra to amend its draft required measures 2, 3, 4 and 6 and resubmit them to the ACCC for approval.
The ACCC has issued a decision paper, outlining the reasons for the ACCC’s decision, along with illustrative guidance on how the draft required measures could be improved to address the ACCC’s concerns. The decision paper is available here.
Telstra is required to resubmit the draft required measures, amended to address the ACCC's concerns, within 40 business days.
The ACCC prepared a discussion paper seeking feedback from interested parties on the degree to which draft Required Measures 2, 3, 4 and 6 comply with the migration plan principles. Submissions to this discussion paper closed on 14 December 2012.
Telstra lodged required measure 1(a) in August 2012. The ACCC granted Telstra an extension to lodge required measure 1(b) by 30 November 2012.
Telstra has also provided supporting submissions that seek to explain how the draft Required Measures comply with the migration plan principles. These documents are available here.
Consultation
The ACCC prepared a discussion paper seeking feedback from interested parties on the degree to which draft Required Measures 1(a) and 1(b) comply with the migration plan principles. Submissions to this discussion paper closed on 1 February 2013. Submissions to the discussion paper are available here.
Telstra has published a high-level Roadmap which provides an indicative timeframe for the development of each of the Required Measures. The Roadmap is available on the Telstra website.
Telstra has also published its Required Measures Work Plan. The Work Plan updates the Roadmap in relation to the steps that will be undertaken to finalise the Required Measures.
On 20 July 2012, Telstra wrote to the ACCC seeking approval to amend its work plans for the development of Required Measures 1(b) (Notification of Pull Through Exception Events) and 6 (Information Security Plan for NBN Co Migration Information) to reflect updated timeframes for filing these required measures with the ACCC. On 24 July 2012, the ACCC agreed to Telstra’s request to amend the work plan for Required Measure 1(b) to reflect that consultation will commence at a later date and requested an update on the development of this Required Measure by no later than 13 August 2012. The ACCC encourages Telstra to continue to work with NBN Co to develop this Required Measure as soon as reasonably practicable. The ACCC also agreed to Telstra’s request to amend the work plan for Required Measure 6 to reflect that this Required Measure will be filed with the ACCC in mid August.
On 24 July 2012, Telstra wrote to the ACCC notifying the ACCC of a delay in the commencement of consultation with wholesale customers on Required Measure 4 (Building Copper Paths at Premises which had been permanently disconnected). On 26 July 2012, the ACCC accepted Telstra’s new consultation timeframes on the condition that wholesale customers were still provided with two weeks to comment on Required Measure 4.
Completed Telstra consultation on Required Measures
Telstra undertook consulation in regard to draft required measures 1(a), 1(b), 2, 3 and 4. Further information on Telstra's consultation is available on the TW website.
