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.
On 18 September 2018, the Australian Competition and Consumer Commission issued its determination relating to an access dispute between Port of Newcastle Operations and Glencore Coal Assets Australia. This access dispute concerned access charges and other conditions of access to the ‘declared’ shipping channel service at the Port of Newcastle.
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.