The ACCC's role in the economic regulation of the communications sector
The ACCC is responsible for the economic regulation of the communications sector and carries out functions under industry-specific competition and access regulation in Parts XIB and XIC of the Competition and Consumer Act 2010 (CCA).
These provisions concern anti-competitive conduct in the industry and access by companies to essential telecommunications infrastructure mainly supplied by Telstra at present via its fixed line network. In future, extensive infrastructure services will be supplied via the National Broadband Network (NBN).
The NBN will be a national fibre-to-the-home (FTTH) and wireless/satellite network. It is to be operated on a wholesale-only, open access basis, subject to ACCC oversight of wholesale access arrangements. Retail services supplied over the NBN will be subject to the same competition and consumer protection framework (including the Australian Consumer Law) that currently applies to retail telecommunications services.
Recent legislative changes to the Telecommunications Act 1997 also provide for the structural reform of the industry, either by Telstra undertaking structural or functional separation of its company operations. The ACCC may assess a structural separation undertaking (SSU) and migration plan if submitted by Telstra, or an undertaking in relation to its HFC network or subscription television broadcasting licence.
The communications industry-specific competition and access regimes were recently amended by legislation. The ACCC is currently in the process of updating its website to reflect these changes.
The ACCC is also responsible for administering provisions in other legislation including:
Telecommunications Act 1997
Telecommunications (Consumer Protection and Service Standards) Act 1999
