Declaration of telecommunication services

Part XIC of the Competition and Consumer Act 2010 (CCA) sets out a telecommunications industry-specific access regime. Before access-seekers can gain access to a service, it must be declared.

There are two general methods by which a service can be declared. The ACCC can 'declare' the relevant service (Division 2 of Part XIC of the CCA). However, before it does so, the ACCC must hold a public inquiry and give access providers, access seekers and consumers the opportunity to comment. The ACCC can also accept a Special Access Undertaking (SAU) from the provider of a service which has the effect of declaring the services to which the SAU relates.

There is a third method for declaring a service which applies only to NBN corporations (such as NBN Co). Where a service is being supplied or is intended to be supplied by NBN Co and it publishes a Standard Form of Access Agreement for that service on its website, the service to which the Standard Form of Access Agreement relates is declared.

Where a service has been declared, Standard Access Obligations (Division 3 of Part XIC of the CCA) apply. The access provider is obliged to supply the service to an access seeker upon request.

The ACCC can also vary or revoke existing declarations. It must hold a public inquiry unless the change is of minor importance.

The ACCC published a guide to the declaration provisions of Part XIC of the Trade Practices Act 1974 in July 1999.