All carriers with ‘reportable premises’ are required to lodge written reports to the ACCC by the end of Monday 27 July 2020 containing certain information that applies to a specified period.
Recent amendments to telecommunications legislation relating to the Regional Broadband Scheme (RBS) levy require all carriers with ‘reportable premises’ to provide certain information to the ACCC in a written report by the end of Monday 27 July 2020.
Broadly, this is owners or nominated carriers of local access lines used to provide designated broadband services for the ‘applicable reporting period’. Designated broadband services are those technically capable of supplying a superfast carriage service, excluding voice-only or television-only services. It does not include mobile, fixed wireless or satellite services.
The applicable reporting period is the month of April 2020.
Please note that carriers that may fall within an exemption or concession for the RBS levy must still fulfil this reporting requirement if they have one or more reportable premises in the month of April 2020.
The reporting requirements, including applicable definitions, are set out in the Telecommunications (Consumer Protection and Service Standards) Act 1999 — in particular, section 102ZF.
A breach of the reporting requirements is a strict liability offence attracting penalties for each day the contravention continues.
The legislation requires carriers with ‘reportable premises’ to provide information for April 2020 on the number of:
- reportable premises
- potentially chargeable premises
- chargeable premises
- exempt premises
- exempt lines
- potentially concessional premises
- recently connected greenfields premises.
The ACCC has elected not to require carriers to submit a statutory declaration as is allowed by the legislation. However, the template requires the appropriate company officer that certifies the accuracy of the data to be listed in the template.
The ACCC has provided an Excel template (the ‘approved form’ for carriers to submit in) and a short guidance note for carriers.
Completed templates should be sent to RBSlevy@accc.gov.au.
The report must be provided to the ACCC by the end of Monday 27 July 2020.
The ACCC can be contacted at RBSlevy@accc.gov.au if carriers require further information.