On 1 November 2019, the ACCC released its final decision on the final access determinations (FADs) for the seven declared fixed line services. These FADs replace the previous FADs for the fixed line services (Final Access Determination Nos.
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.
Statements given to the ACCC by an NBN corporation (such as NBN Co) under section 152BEBB of the Competition and Consumer Act 2010 (CCA) about differences between an access agreement (AA) and a special access undertaking (SAU).
On 6 June 2019, the ACCC decided to extend the existing final access determinations (FADs) for the declared fixed line services (LCS, WLR, LSS, ULLS, FOAS, FTAS, WADSL). The ACCC extended these FADs as it was not in a position to make the new FADs prior to their expiration on 30 June 2019. The existing fixed line services FADs were extended to expire on the date immediately before the day on which the new FADs come into force.