Part XIC provides that all services supplied over the NBN will be declared services. The ACCC is responsible for regulation of access to these services under Part XIC, including with regards to any Special Access Undertaking (SAU) lodged by NBN Co, any Access Determinations or Binding Rules of Conduct made in relation to NBN Co's services and the non-discrimination and transparency provisions.
Part XIC of the Competition and Consumer Act 2010 sets out a telecommunications industry-specific access regime. Before access-seekers can gain access to a service, it must be declared.
The ACCC is required to make final access determinations (FADs) for all declared services. FADs can include price and non-price terms of access to the declared service. In some instances, the ACCC may make an interim access determination (IAD) for a declared service to operate in the period before an FAD is made.
Access providers can voluntarily lodge written access undertakings with the ACCC specifying the terms and conditions upon which they agree to supply a specified service. The SAU specifies some terms and conditions on which NBN Co undertakes to supply access its fibre-to-the-home broadband network as well as other related services. The ACCC assesses the undertaking through a public consultation process and then accepts or rejects the undertaking.
Under Division 4B of Part XIC of the Competition and Consumer Act 2010, agreements for access to declared services must be given to the ACCC by the carrier or carriage service provider who supplies, or proposes to supply the service.
The CACS Act repealed the arbitration provisions in the CCA from 1 January 2011. The transitional provisions of the CACS Act allows an access seeker or access provider to notify an access dispute in relation to a declared service until a final access determination has come into force relating to that declared service. However, after a final access determination for a declared service has come into force, no access disputes can be notified in relation to that declared service.
Under the Telcommunications Act (1997), the ACCC has the power to make an access code governing the provision of access to telecommunications facilities.
The ACCC is responsible for setting terms and conditions, including prices for access to particular declared services by making access determination. Access agreements between access-seekers and access providers take precendence over any determination of acces terms and conditions set by the ACCC.
Under s. 152ELA of the Competition and Consumer Act 2010 the ACCC has a broad power to make written rules to deal with the procedures to apply in matters arising under Part XIC of the Act.
