Joint functional separation undertakings - permitted information sharing

Project overview

Industry: 

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.

A determination of similar effect was made for standard functional separation undertakings under the Telecommunications (Deemed Functional Separation Undertaking) Determination 2020 for superfast broadband networks, which was issued by the ACCC on 16 October 2020. More information about the determination is available at: Final deemed functional separation undertaking instrument.

About the determination

The Telecommunications Act 1997 (the Act) prohibits information provided by carriers and carriage service providers to a corporation’s retail business unit from being disclosed to, or obtained, accessed and used by, its wholesale business unit, unless otherwise determined by the ACCC by legislative instrument.

Pursuant to subsection 151A(13) of the Act, section 9 of the Telecommunications (Deemed Functional Separation Undertaking) Determination 2020 permits the following specified information provided by carriers and carriage service providers to a corporation’s retail business unit to be disclosed to, or obtained, accessed and used by, its wholesale business unit, provided that a standard functional separation undertaking is in force:

  • wholesale pricing
  • other terms and conditions
  • network coverage information.

This provision is for the purpose of enabling the corporation’s retail business unit to obtain equivalent offers from its wholesale business unit.

The ACCC is now proposing to make a determination to similar effect under subsection 151C(15) of the Act permitting the same kinds of information to be shared by retailers and wholesalers bound by a joint functional separation undertaking given to the ACCC.

Consultation

The ACCC is seeking feedback concerning the determination proposed to be made under subsection 151C(15) of the Act, particularly whether there are any differences between standard and joint functional separation undertakings that the ACCC should consider before making this determination.

Submissions should be provided to telcoseparationrules@accc.gov.au by COB, Monday 23 November 2020.

Timeline

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