Joint functional separation undertakings - permitted information sharing

Proposed determination consultation13 November 2020

Pursuant to subsection 151A(13) of the Telecommunications Act 1997 (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.

More information about the determination is available at: Final deemed functional separation undertaking instrument.

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.

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 by COB, Monday 23 November 2020.