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.
Under section 152AL(3) of the Competition and Consumer Act 2010 (Act), the Australian Competition and Consumer Commission declares that the mobile terminating access service (MTAS) is a "declared service" for the purposes of Part XIC of the Act.
The Australian Competition and Consumer Commission declares pursuant to section 152AL(3) of the Competition and Consumer Act 2010 (the Act) that the Domestic Transmission Capacity Service (DTCS) is a "declared service" for the purposes of Part XIC of the Act.
The declaration takes effect on 1 April 2019 and expires on 31 March 2024.
On 19 December 2018 the ACCC made binding rules of conduct that apply to a DTCS service to Christmas Island provided by Vocus Communications Limited.
Vocus will provide transmission services between mainland Australia and the External Territory of Christmas Island by way of a subsea cable.
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.