Telstra's Migration Plan

Force Majeure Event (NSW, Qld, Vic and SA bushfires) & deferral of disconnection of CustomNet Spectrum services9 April 2020

On 19 December 2019 Telstra advised the ACCC that it considered bushfires in New South Wales and Queensland constituted a Force Majeure Event under the Migration plan.

On 6 February 2020 Telstra advised the ACCC that it considered bushfires in Victoria and South Australia also constituted a Force Majeure Event under the Migration Plan. In addition, Telstra advised that it would extend use of CustomNet Spectrum services until 31 March 2020 for customers for whom the continued availability of these services are of critical safety importance to their operations (in accordance with clause 11.1(c) of Required Measure 5B of the Migration Plan).

As a consequence Telstra deferred certain managed disconnection activities under the Migration Plan.

The ACCC agreed that the bushfires were a Force Majeure Event under the Migration Plan. Telstra will not contravene the Migration Plan to the extent that a Force Majeure Event causes it to delay or fail to perform its obligations under the Plan.

Telstra’s obligations to notify the ACCC as to when the Bushfire related Force Majeure Events ceased have now been assumed under the notification obligations that will apply for the COVID-19 Force Majeure Event (see Migration Plan Force Majeure Event Notification - COVID-19 pandemic).

On 7 April 2020 Telstra advised the ACCC that it would continue to extend use of CustomNet Spectrum services for a small number of remaining customers with active CustomNet Spectrum services, for whom the continued availability of these services are of critical safety importance to their operations (in accordance with clause 11.1(c) of Required Measure 5B of the Migration Plan).

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