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(desc)
Superfast broadband network class exemption & deemed functional separation undertaking Communications Access determination Finalised
21 January 2021

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).

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. The ACCC accepted the undertaking on 21 October 2020.

Forms for functional separation undertakings Communications Guideline Finalised
18 December 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).

Joint functional separation undertakings - permitted information sharing Communications Access determination Finalised
18 December 2020

On 18 December 2020, the ACCC issued the Telecommunications (Permitted Information Sharing for Joint Functional Separation Undertakings) Determination 2020. This determination specifies the kinds of information provided by carriers and carriage service providers to retailers that may be shared with wholesalers bound by a joint functional separation undertaking.

Further consultation on permitted information sharing Communications Access determination Finalised
9 March 2021

On 3 March 2021, the ACCC issued two determinations that specify the kinds of information that may be shared between a retail and wholesale business unit of a corporation bound by a standard or deemed functional separation undertaking.

TPG joint functional separation undertaking Communications Access undertaking Finalised
7 April 2022

On 8 November 2021, 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. On 7 April 2022, the ACCC accepted TPG's joint functional separation undertaking which will come into force on 7 October 2022.

Industry guidance on the carrier separation rules Communications Guideline Submissions due
28 April 2022

In April 2022, the ACCC published draft explanatory material relating to the carrier separation rules in Part 8 of the Telecommunications Act 1997 (Cth) (Telecommunications Act).

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