Further consultation on permitted information sharing

Project overview

Industry: 

The ACCC is conducting further consultation relating to permitted information sharing across all functional separation undertakings and is seeking feedback from relevant stakeholders.

About the undertakings

The Telecommunications Act 1997 (the Act) prohibits information provided by carriers and carriage service providers to a retail service provider from being disclosed to, or obtained, accessed or used by, a wholesale infrastructure provider bound by the same functional separation undertaking, unless otherwise determined by the ACCC by legislative instrument.

Part 8 of the Act specifies three different kinds of functional separation undertakings:

  • Standard functional separation undertaking (s.151A): A customised undertaking given to the ACCC for approval on behalf of one corporation.
  • Deemed functional separation undertaking (s.151B): A set of model terms for a standard functional separation undertaking determined by the ACCC that an eligible corporation can elect to be bound by, instead of submitting its own customised undertaking.
  • Joint functional separation undertaking (s.151C): A customised undertaking given to the ACCC for approval on behalf of two or more corporations.

On 16 October 2020, the ACCC issued the Telecommunications (Deemed Functional Separation Undertaking) Determination 2020. Section 9 of the determination specifies exceptions to the information sharing restrictions that apply to corporations that have elected to be bound by the deemed functional separation undertaking.

On 18 December 2020, the ACCC issued the Telecommunications (Permitted Information Sharing for Joint Functional Separation Undertakings) Determination 2020. This determination applies only to parties subject to a joint functional separation undertaking and includes a broader range of information permitted to be shared.

More information is available at: Joint functional separation undertakings - permitted information sharing: Final determination

Consultation

To ensure regulatory consistency across all functional separation undertakings, the ACCC is now proposing to:

  • make a similar determination in relation to standard functional separation undertakings
  • amend the Telecommunications (Deemed Functional Separation Undertaking) Determination 2020 to reflect these provisions.

The ACCC is seeking stakeholder feedback in relation to both of the above proposals.

More information is available at: Proposed determination and variation consultation

Timeline

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