Reporting requirements for suppliers of certain superfast carriage services

Carriers have a number of notification and reporting obligations when they supply services captured by the Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014 made by the Minister for Communications. These obligations were expanded by amendments made to the Ministerial declaration in December 2016.

Notification requirements

The Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014 (the carrier licence conditions) require carriers to notify the ACCC in writing that the carrier licence conditions apply to them within 20 days.

Reporting requirements

The carrier licence conditions have different reporting requirements for carriers that operate on a wholesale-only basis and those that are not operated on a wholesale only basis.

Carriers that operate on a wholesale-only basis are required to provide the ACCC by 6 January 2017 and every 6 months thereafter, a statement from two or more of its Directors that includes:

  1. the specified carrier’s name and Australian Company Number (ACN);
  2. for each designated telecommunications network in existence as at the date of the statement:
    • the technology type of the network
    • the geographic extent of the network
    • the total number of carriage services in operation on the network as at the date of the statement
    • the estimated total number of addressable premises technically capable of being served by the network;
    • the names and ACNs (where applicable) of each carriage service provider supplied with one or more eligible services using the designated telecommunications network during:
      • the period commencing on 1 January 2017 and ending on date of the statement – for the first statement; and
      • the period commencing 6 months before the date of the relevant statement and ending on the date of the statement – for each subsequent statement; and
  3. a declaration that each designated telecommunications network has not been used by the specified carrier to supply eligible services to any of its associates at any time during which application of the carrier licence condition has applied to the specified carrier in respect of those networks.

Carriers that do not operate on a wholesale-only basis to are required to:

  1. publish a copy of their relevant wholesale price and non-price terms and conditions in a prominent place on their website. The carrier must submit a copy of these terms and conditions to the ACCC within 5 business days of publishing them
  2. submit to the ACCC statutory declarations by 30 June and 30 December of each calendar year, stating that at all times the carrier has operated any shared wholesale and retail business and communications systems in a non-discriminatory manner.

Application of the requirements

The carrier licence conditions apply to a carrier if, on or after 1 January 2015, one or more local access lines forming part of a designated telecommunications network are used by the specified carrier or any of its associates to supply superfast carriage services or specified broadband services to residential customers unless one of the exemptions below applies.

Designated telecommunications network

Means that part of a fixed-line telecommunications network made up of local access lines or parts of local access lines which:

  • is used, or is technically capable of being used, to supply superfast carriage services; and
  • is not captured by any of the exemptions set out below; and
  • is situated anywhere in Australia.

Specified carrier

Means a carrier that either owns or operates a designated telecommunications network at any time on or after 1 January 2015, and where the context permits, includes a wholesale company.

Superfast carriage service

Means a carriage service, where:

  • the carriage service enables end-users to download communications; and
  • the download transmission speed of the carriage service is normally more than 25 megabits per second; and
  • the carriage service is supplied using a line to premises occupied or used by an end-user.

Specified broadband service

Means a carriage service which has the following characteristics;

  • it enables end-users to download communications; and
  • its download transmission speed is normally 6 megabits per second or more; and
  • it is supplied using a line to premises occupied or used by an end-user.

Exemptions

The carrier licence conditions do not apply to any network or carrier that is:

  1. subject to either sections 141 or 143 of the Telecommunications Act 1997*; or
  2. the subject of a ministerial exemption in force under section 141A or section 144 of the Telecommunications Act 1997*; or
  3. any of the following:
    • the national broadband network; or
    • a specified HFC network; or
    • any local access lines that are used to supply carriage services to business customers, public bodies or large charity customers; or
    • a fixed-line network (or any part of such a network) in existence immediately before 1 January 2011 which is situated in a real estate development project that is extended on or after 1 January 2011 to an area that was developed as another stage of the project;
    • a fixed-line network (or any part of a such a network) in existence immediately before 1 January 2011 which prior to that date was used to supply carriage services to residential customers and which has not been extended on or after 1 January 2011;
    • a fixed-line network (or any part of such a network) in existence immediately before 1 January 2011 which prior to that date was used to supply carriage services wholly or principally to residential customers and which is extended on or after 1 January 2011 by less than 1 kilometre from any point on the infrastructure of the network (as it stood immediately before 1 January 2011); and
    • fixed-line network (or any part of such a network) which is:
      • owned by a carrier that is also the primary universal service provider;
      • built (including any extensions made to such a network of less than 1 kilometre from any point on the infrastructure of the network) between 1 January 2011 and 31 December 2014 to enable the primary universal service provider to fulfil the universal service obligation.

Information on the exemptions contained in the Telecommunications Act 1997 is available on the Department of Communications website.

Lodgment process

All notifications, copies of terms and conditions and statutory declarations should be lodged by email to: accessagreements@accc.gov.au.

More information

The carrier licence conditions and associated Explanatory Statement and Regulation Impact Statement are available on the Federal Register of Legislative Instruments.

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