Public inquiry to vary the final access determination for the superfast broadband access service

The ACCC is holding a public inquiry under Part 25 of the Telecommunications Act 1997 (Cth) about its proposal to vary the final access determination for the superfast broadband access service (SBAS).

On 19 December 2024, the ACCC made binding rules of conduct that apply to an SBAS provided by Uniti Group Pty Ltd, Opticomm Pty Ltd and their related bodies corporate. The ACCC must, within 30 days of making binding rules of conduct, commence to hold a public inquiry about a proposal to vary the final access determination.

The ACCC’s public inquiry will consider the price and non-price terms and conditions of access to the declared SBAS, taking into account the long-term interests of end-users and other matters under section 152BCA of the Competition and Consumer Act 2010 (Cth).

We anticipate that the inquiry will be conducted over a six-month period.

The SBAS final access determination made in 2024 is available at Final Access Determination No. 1 of 2024.

Overview of inquiry process

The ACCC intends to publish a short discussion paper for this inquiry and seek submissions on the matters set out in this notice and addressed in the ACCC’s Binding Rules of Conduct (Uniti Group) No. 1 of 2024, including proposals to include in the SBAS access determination:

• terms regarding the locations and characteristics of the points of interconnection for access seekers to acquire a declared SBAS, and
• other price and non-price access terms.

The discussion paper will be published on the ACCC’s website in February 2025.

After considering submissions the ACCC will release a report setting out its findings on whether to vary the SBAS access determination and if so, the form of that variation. Depending upon the submissions received, the ACCC may publish a draft of the report for further comment before issuing its final report.