What we do with superfast fixed line broadband networks
The ACCC regulates access to wholesale telecommunications services.
As part of this role, we regulate non-NBN fixed line networks used to supply superfast broadband services.
Operators must seek an exemption before they can supply retail services
Operators must not supply retail services, unless they seek an exemption.
Without an exemption, operators:
- can only use the local access lines they control to supply wholesale superfast broadband services
- can’t supply retail services over their own lines.
An exemption is granted through an undertaking or class exemption
Network operators that provide superfast broadband services to residential customers can provide retail services when they have:
- elected to be bound by the class exemption the ACCC has determined for small networks. This removes the condition to operate on a wholesale-only basis
- elected to be bound by the deemed functional separation undertaking that the ACCC has determined, or
- lodged a customised functional separation undertaking that we’ve accepted.
We regulate the exemption process
We oversee the exemption process that allows operators to use the local access lines they control to supply their own retail superfast broadband services.
- accept or reject functional separation undertakings
- accept and publish elections from operators to be bound by the class exemption for small network operators or the deemed functional separation undertaking.
Operators bound by the class exemption or a functional separation undertaking must:
- continue to offer wholesale access on non-discriminatory terms
- comply with the terms of the undertaking or the class exemption.
The legal basis of our functions
These rules and our functions are set out in Part 8 of the Telecommunications Act 1997.
Amendments in August 2020 relaxed wholesale-only requirements in the Act. This provided greater commercial flexibility for superfast network operators and promoted infrastructure-based competition.
These rules are referred to as the carrier separation rules.