Telstra’s proposed variation to the Migration Plan 20 May 2016

The ACCC has released a discussion paper on Telstra’s proposed variation to the Migration Plan.

Telstra’s proposed variation includes changes to:

  • provide additional time for premises with an NBN order to be connected before mandatory disconnection occurs
  • amend the regime for the migration of Special Services (business grade services) to accommodate the move to a multi-technology NBN
  • incorporate a number of interim migration and disconnection arrangements recently adopted by Telstra and NBN Co with the ACCC’s consent.

The ACCC’s consideration of the proposed variation is limited to whether or not the Migration Plan, as varied, complies with the Migration Plan Principles issued by the Australian Government in 2015.

The ACCC is undertaking a public consultation on the proposed variation for 28 days and is seeking feedback from interested parties on any competition or consumer issues which may arise as a result of the proposal.

Interested parties are invited to make written submissions by 5pm on Monday 20 June 2016 to ssu-migration@accc.gov.au.

Submissions

Two submissions were received from interested parties.

The ACCC will assess the proposed variation in light of these submissions and determine whether or not the proposed variation complies with the Migration Plan Principles.

The ACCC expects to release a final decision on Telstra’s proposed variation to the Migration Plan by mid-July 2016.

Proposed further extension of interim In-Train Order arrangements

On 28 June 2016 Telstra submitted a proposal to the ACCC to extend the current interim arrangements for In-Train Orders that are due to expire on 30 June 2016. Telstra proposed to extend the arrangements until the Disconnection Date that is at least 30 Business Days after the variation to the Migration Plan is approved. Without an extension the arrangements will revert to the original In-Train Order arrangements in the Migration Plan.

The ACCC has consented to the extension of the interim arrangements to promote service continuity for end users while the ACCC assesses Telstra’s proposed variation to its Migration Plan.

Telstra’s modified proposed variation to the Migration Plan

On 1 July 2016 Telstra wrote to the ACCC proposing an amendment to the In-Train Order arrangements and providing an update on the Special Services disconnection arrangements.

In response to Optus’ concerns that the proposed In-Train Order arrangements may not provide sufficient time to connect premises with complex services, Telstra and NBN Co have agreed to modify the proposed arrangements, whereby premises will now have a period of at least 90 to 170 business days to migrate.

Telstra noted Optus’ concerns regarding the proposed Special Services disconnection arrangements. Telstra considers that the process largely reflects the new multi-technology mix NBN rollout model and is unrelated to the proposed amendments to the Special Services regime in the Migration Plan.

Telstra and NBN Co have also agreed that if the ACCC approves the variation to the Migration Plan by 22 July 2016 then NBN Co’s ‘Temporary Special Services White Paper: Ethernet Lite and Wholesale BDSL on the nbn Ethernet Bitstream Service’ will be deemed a White Paper and the disconnection date for Special Service Classes covered by the White Paper will be 12 November 2018.

The ACCC will consider Telstra’s modified proposal in its assessment of Telstra’s proposed variation to the Migration Plan.