|Final access determination|
Determination commencement date
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.