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Pursuant to sections 152AL, 152ALA and 152AO of the Competition and Consumer Act 2010 (the CCA), and with effect from, 1 April 2024 the Australian Competition and Consumer Commission (ACCC) varies and extends the domestic transmission capacity service (DTCS) declaration which took effect from 1 April 2019 under section 152AL of the CCA (the DTCS declaration) by deleting Annexure 1 and Annexure 2 to the DTCS declaration and replacing them with Annexure 1 and Annexure 2 to this instrument.
The Australian Competition and Consumer Commission declares, pursuant to section 152AL(3) of the Competition and Consumer Act 2010 (Cth) (the Act), that the superfast broadband access service (SBAS) is a "declared service" for the purposes of Part XIC of the Act.
On 8 October 2019, the ACCC issued a formal warning to NBN Co under subsection 103(4) of the Telecommunications Act 1997 (Cth) in relation to a contravention of the service provider rule set out in subsection 152BA(2) of the Competition and Consumer Act 2010 (Cth) (CCA). The ACCC is satisfied that NBN Co contravened the service provider rule by failing to comply with the non-discrimination obligations in section 152AXD of the CCA when building fibre infrastructure and other related activities to supply wholesale business grade NBN services.
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