TPG joint functional separation undertaking

Project overview

Industry: 

On 8 November 2021, TPG Telecom Limited (TPG) submitted a joint functional separation undertaking to the ACCC on behalf of itself and various subsidiaries in accordance with section 151C of the Telecommunications Act 1997 (Telecommunications Act).

TPG’s proposed undertaking would apply to all local access lines that it controls supplying superfast carriage services wholly or principally to residential customers. This includes TPG’s FTTB networks, which it currently operates on a functionally separated basis pursuant to the Carrier Licence Conditions (Networks Supplying Superfast Carriage Services to Residential Customers) Declaration 2014 (CLCs), and its TransACT networks, which are currently exempt from the wholesale-only obligations in Part 8 of the Telecommunications Act.

If the ACCC accepts TPG’s undertaking, TPG would have greater flexibility to expand its fixed line network footprint and compete in wholesale and retail markets for the supply of superfast broadband services to residential customers.

The ACCC is required to undertake public consultation for no less than 15 business days before deciding whether to accept or reject a functional separation undertaking. The ACCC’s decision must consider whether the undertaking promotes the long‑term interests of end‑users and such other matters the ACCC considers relevant.

On 18 November 2021, the ACCC issued a consultation paper seeking comments from interested stakeholders on TPG’s undertaking.

Submissions close on Friday 17 December 2021.

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