The ACCC has today announced that it has extended the Superfast Broadband Access Service (SBAS) declaration until 28 July 2026. This decision provides retailers with a right of access to a number of fixed line broadband networks, in addition to the rights of access they already have to the NBN. Importantly, the decision promotes competition in the supply of broadband services.
The SBAS declaration allows retailers to interconnect with, and obtain a carriage service over, fixed line ‘superfast’ networks so that they can supply internet services to consumers. A superfast network is any fixed line access network that is capable of download speeds of normally 25 Mbps or more. Superfast network operators include Telstra (South Brisbane and Velocity Estates fibre networks), TPG, and Uniti Group.
Around 400,000 Australians connect to the internet through these networks. They exist across the entire country but are more prevalent in outer metropolitan areas, particularly in new housing developments and apartment buildings. In many areas they supply internet services where the NBN does not.
This decision recognises that these fixed line networks can be localised monopolies, and where this occurs network operators have incentives to maximise their profits at the expense of consumers. Regulated access to these networks gives retailers greater opportunity to enter broadband markets, which benefits consumers through more competition and choice of internet providers.
The SBAS declaration will now also cover basic speed broadband products, to allow retailers to offer a wider range of broadband options to consumers.
The ACCC has now commenced a public inquiry into the price and non-price terms of access that should apply to the SBAS, and will seek submissions in response to a discussion paper to be published later this year. The ACCC has set interim price and non-price terms and conditions consistent with current regulatory arrangements to apply while it completes this inquiry.
The ACCC’s final decision is available at: Superfast broadband declaration inquiry 2020-21.