Carrier separation rules

In August 2020, amendments to the Telecommunications Act 1997 came into effect that remove the requirement for superfast fixed line broadband network operators serving residential customers to operate on a wholesale-only basis subject to the ACCC accepting a functional separation undertaking submitted by the network operator.

Eligible networks may also elect to be bound to:

  • a deemed functional separation undertaking determined by the ACCC instead of submitting a voluntary undertaking
  • a class exemption for small networks that removes the requirement to operate on a wholesale-only basis.

Projects

Title Industry Type Status
Joint functional separation undertakings - permitted information sharing Communications Access determination Under assessment
13 November 2020

The ACCC is proposing to make a new determination relating to permitted information sharing for joint functional separation undertakings and is seeking feedback from relevant stakeholders via consultation.

Uniti joint functional separation undertaking Communications Access undertaking Finalised
21 October 2020

On 2 September 2020, Uniti Group Limited (Uniti) submitted a joint functional separation undertaking and a supporting submission in accordance with section 151C of the Telecommunications Act. 

Superfast broadband network class exemption & deemed functional separation undertaking Communications Access determination Finalised
16 October 2020

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).

Form of functional separation undertakings Communications Guideline Finalised
9 September 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).

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