Final Access Determination No. 2 of 2012 for the Local Bitstream Access Service (LBAS)

Summary

Determination details

Determination date
03/10/2012
Determination type
Final access determination
Determination commencement date
05/10/2012
Determination expiry date
The day immediately before the day on which a new access determination will come into force (Competition and Consumer Act 2010, s 152BCF(10)).

Extension of the existing LBAS FAD

The Competition and Consumer Act allows the ACCC, by written notice, to extend:

  • an existing Final Access Determination (FAD) until a new FAD comes into force, and
  • the public inquiry period for the making of a new FAD.

On 23 September 2015, the ACCC extended the final access determination (FAD) for the Local Access Bitstream Access Service (LBAS) until the day before the new FAD comes into force, as it was not in a positon to make a new FAD prior to its expiration on 5 October 2015. The existing LBAS FAD will now expire on the day immediately before the day on which a new access determination will come into force.

The ACCC is not yet in a position to make a new FAD because it is yet to  finalise consultation on the new FAD. Following the declaration of the Superfast Broadband Access Service (SBAS) the ACCC decided to combine the SBAS and LBAS FAD inquiries as the SBAS has similar characteristics to the LBAS and, therefore, a consultation in relation to an access determination for the LBAS is likely to consider matters also relevant to SBAS pricing.

To accommodate the time taken to complete the SBAS declaration inquiry the LBAS FAD inquiry period has been extended until 28 July 2017. To date, the Commission has made three full 6 month extensions prior to the most recent extension.

Related topics on the ACCC website

Statement of differences: CNT Corp Pty Ltd and Clear Networks Pty Ltd, 28 February 2013