The ACCC has the powers to make record keeping rules for carriers and carriage service providers to collect information from industry. A rule can specify the records a provider must keep, how reports need to be prepared, and when reports need to be provided to us.
We use this information to fulfil our regulatory responsibilities under section 151BU(4) of the Competition and Consumer Act 2010, including those under Part XIB and Part XIC. It also underpins analysis that is published by the ACCC, including the ACCC’s annual Communications Market Report, which fulfils legislative requirements for the ACCC to monitor charges paid by consumers for telecommunications services and review and report on competitive safeguards. The ACCC also publishes other reports and data snapshots that seek to inform the general public, industry, government agencies and other users.
The ACCC is conducting a review of record keeping rules relevant to the operation of Division 12 of the Competition and Consumer Act 2010, as required by the Act. In reviewing the record keeping rules and the information collected, the ACCC must give consideration to:
- whether the information is publicly available
- whether consumer demand for the goods or services to which the information relates has changed
- the usefulness of the information to consumers, the industry, the Minister and Parliament.
The Division 12 and Internet Activity record keeping rules fall within the scope of this review. In addition, the ACCC is taking the opportunity to review the NBN Services in Operation, Telstra Customer Access Network and Audit of Telecommunications Infrastructure Assets record keeping rules.
The Measuring Broadband Australia, NBN service quality and network performance and SBAS service quality and network performance record keeping rules are not being reviewed as part of this process.