Structural separation undertaking
The ACCC has asked NBN Co and Telstra a number of questions regarding the operation of the Definitive Agreements. The parties have advised that their responses may be made publicly available.
The Disconnection Protocols agreed between NBN Co and Telstra, which are included in a Schedule to the Subscriber Agreement, are relevant to understanding the disconnection process.
The Disconnection Protocols represent the key commercial commitments that Telstra and NBN Co have agreed to regarding the disconnection of the Telstra Copper Network and HFC Network. They provide some context for the public consideration of Telstra’s structural separation undertaking and draft migration plan.
These provisions address different subject matter to the regulatory obligations related to disconnection set out in Telstra’s draft migration plan. The arrangements in the Disconnection Protocols involve only Telstra and NBN Co. More information in relation to NBN Co’s view of wider industry migration processes and arrangements is set out in their Migration to the National Broadband Network information guide.
Definitions pertaining to capitalised terms are located elsewhere in the Definitive Agreements and have not been disclosed. However, key terms and concepts are explained in the Migration to the National Broadband Network information guide and in the ACCC’s discussion paper on the structural separation undertaking and draft migration plan.
Certain provisions have also been omitted as they relate to commercial arrangements between NBN Co and Telstra and are not relevant to an understanding of the disconnection process, as set out in the Disconnection Protocols and the draft migration plan.
For further information see the NBNCo website.
NBN Co supplied a submission in relation to s.577BA of the Act at the request of the ACCC.
The Secretary of the Department of Finance and Deregulation wrote to the ACCC regarding NBN Co’s Submission on Telstra’s structural separation undertaking.