Regulatory projects

Title Industry Type Status
SBAS Final Access Determination inquiry 2021 Communications Access determination Ongoing
19 July 2021

On 19 July 2021, the ACCC commenced a public inquiry to make a final access determination (FAD) for the superfast broadband access service (SBAS) following its decision to declare the service.

Electricity market monitoring inquiry 2018-25 Energy Inquiry Ongoing

On 20 August 2018, the Treasurer directed the ACCC to hold a public inquiry into the prices, profits and margins in the supply of electricity in the national electricity market. The terms of reference required a first report by 31 March 2019 and then every 6 months until the end of the inquiry on 31 August 2025.

Extension of the 2008 Interstate Access Undertaking (to 30 June 2023) Rail Access variation Accepted
15 June 2021

On 23 April 2021, ARTC submitted an application to extend the term of its 2008 Interstate Access Undertaking to 30 June 2023.

March 2021 variation of the 2011 Hunter Valley Coal Network Access Undertaking Rail Access variation Finalised
2 June 2021

On 30 March 2021, the Australian Rail Track Corporation (ARTC) submitted a new variation application for the current Hunter Valley Coal Network Access Undertaking. The ACCC published its Final Decision to consent to ARTC's 30 March variation application on 2 June 2021.

December 2020 variation of the 2011 Hunter Valley Coal Network Access Undertaking Rail Access undertaking Withdrawn
30 March 2021

On 23 December 2020, the Australian Rail Track Corporation (ARTC) applied to the ACCC to vary the Hunter Valley Coal Network Access Undertaking. On 30 March 2021, ARTC withdrew its 23 December 2020 variation application and submitted a new variation application.

ARTC letter to the ACCC - Intention to extend Interstate Access Undertaking Rail Access undertaking Finalised
18 December 2020

Under section 2.2(b) of the 2008 Interstate Access Undertaking (IAU), ARTC must submit to the ACCC a written statement outlining whether or not it intends to submit a new undertaking to the ACCC for its consideration, no later than six months prior to the expiry of the 2008 IAU.

Building Block Model record keeping rule Communications Review Finalised
2013

The Building Block Model Record Keeping Rule – June 2013 expires on 30 June 2021. It required Telstra to provide information on forecast and actual data relating to operating expenditure, capital expenditure, depreciation and demand, regarding legacy fixed line services, for the Fixed Line Services Model. The FLSM was previously used by the ACCC to determine prices for Telstra’s declared legacy fixed line services.

NBN Co SAU variation: extension to non-price terms Communications Access undertaking Finalised

On 8 May 2019, NBN Co lodged a proposed variation to its Special Access Undertaking (SAU) with the ACCC. The Competition and Consumer Act 2010 (CCA) allows NBN Co to give the ACCC a variation to an SAU already in operation. The ACCC accepted NBN Co’s current SAU on 13 December 2013, following an extensive consultation process.

Superfast broadband network class exemption & deemed functional separation undertaking Communications Access determination Finalised
21 January 2021

The Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 received Royal Assent on 25 May 2020. Among other provisions, it amends the Telecommunications Act 1997 (Cth) (Tel Act) to enable superfast fixed line broadband networks serving residential customers to operate on a functionally separated basis (rather than a structurally separated basis).

Further consultation on permitted information sharing Communications Access determination Finalised
9 March 2021

On 3 March 2021, the ACCC issued two determinations that specify the kinds of information that may be shared between a retail and wholesale business unit of a corporation bound by a standard or deemed functional separation undertaking.

Forms for functional separation undertakings Communications Guideline Finalised
18 December 2020

On 25 August 2020, amendments to the Telecommunications Act 1997 came into effect that enable superfast fixed line broadband networks serving residential customers to operate on a functionally separated basis (rather than a structurally separated basis).

Joint functional separation undertakings - permitted information sharing Communications Access determination Finalised
18 December 2020

On 18 December 2020, the ACCC issued the Telecommunications (Permitted Information Sharing for Joint Functional Separation Undertakings) Determination 2020. This determination specifies the kinds of information provided by carriers and carriage service providers to retailers that may be shared with wholesalers bound by a joint functional separation undertaking.

ACCC assessment of NBN-Telstra service delivery agreements Communications Compliance assessment Finalised
2016

On 2 September 2016 the ACCC released a report finalising its assessment of the NBN Co-Telstra service delivery agreements.

NBN wholesale service standards inquiry Communications Inquiry Finalised
4 November 2020

On 2 November 2017, the ACCC commenced a public inquiry to determine whether NBN wholesale service standard levels are appropriate, and consider whether regulation is necessary to improve consumer experiences.

 

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