Carriers and carriage service providers are required to lodge quarterly reports about access agreements with the ACCC.
The Competition and Consumer Act 2010 (CCA) requires that carriers or carriage service providers (CSPs) lodge a quarterly report with the ACCC, setting out certain details of:
- any access agreements and variation agreements relating to declared services in force during the quarter
- any access agreements relating to a declared service terminated during that time.
The legislative requirements also provide that a carrier or CSP must, within 10 days of the ACCC’s written request, provide the ACCC with any access agreement or variation agreement entered into with an access seeker that relates to a declared service. (Section 152BEB, CCA).
These reporting arrangements came into effect on 17 October 2014.
Section 152BE of the CCA defines the terms ‘access agreement’ and ‘variation agreement’ in a broad way and they include an agreement that (among other things) is between an access seeker and a carrier or CSP that relates to access to a declared service.
Sections 152BEA and 152BEB of the CCA apply to all currently declared services, including the:
- Domestic Transmission Capacity Service (DTCS)
- Fixed Originating Access Service (FOAS)
- Fixed Terminating Access Service (FTAS)
- Line Sharing Service (LSS)
- Local Bitstream Access Service (LBAS)
- Local Carriage Service (LCS)
- Mobile Terminating Access Service (MTAS)
- Superfast Broadband Access Service (SBAS)
- Unconditioned Local Loop Service (ULLS)
- Wholesale asymmetric digital subscriber line service (WDSL)
- Wholesale Line Rental (WLR)
The provisions also apply to services supplied by NBN corporations (such as NBN Co) that are declared services pursuant to subsections 152AL(8A), (8D) and (8E) of the CCA. Under subsection 152AL(8D) of the CCA, where NBN Co publishes a Standard Form of Access Agreement for its services on its website, the service to which the Standard Form of Access Agreement relates is declared. NBN Co has published three Standard Forms of Access Agreement:
- Satellite Wholesale Broadband Agreement
- Test Agreement
- Wholesale Broadband Agreement.
The quarterly report about access agreements must contain the information set out in section 152BEA, CCA. This includes in relation to each access agreement or variation agreement:
- the parties
- the service to which the agreement relates
- the date the agreement was entered into
- the period of the agreement
- if the access agreement was terminated, rescinded or cancelled before the expiry of the agreement, the date the agreement was terminated, rescinded or cancelled.
Compliance with sections 152BEA and 152BEB is a carrier licence condition and a service provider rule. Failure to comply with these provisions may render the carrier or carriage service provider subject to the enforcement provisions in the Telecommunications Act 1997. A breach of a carrier licence condition or service provider rule may result in a penalty of up to $10 million for each contravention.
The ACCC has developed a template to assist providers in complying with the legislative reporting requirements. At this stage the ACCC has not made an instrument for the purposes of specifying what further information, if any, to include with the quarterly report about access agreements.
Documents lodged should be text searchable (either in PDF or Microsoft Office format) and a maximum of 10 MB. Please contact us if you need to lodge a file larger than 10 MB.
The quarterly report should be lodged by email to: email@example.com.
Access providers must lodge with the ACCC a quarterly report about access agreements within 30 days after the end of each quarter. The ACCC cannot extend this lodgment date.
The first quarterly report about access agreements is due no later than 30 January 2015.