On 13 November 2015, Telstra provided the ACCC with a draft of Replacement Required Measure 1.
Replacement Required Measure 1 details Pull Through Activities undertaken by NBN Co (or its contractors). Pull Through may occur when NBN Co (or its contractors) are unable to ‘push’ its lines through the relevant lead in conduit as required to connect a premises. Required Measure 1 needs to be replaced to reflect the changes necessitated by the move to a multi technology NBN.
Telstra is currently consulting with its wholesale customers and NBN Co on the proposed changes. On the conclusion of the consultation, Telstra is obliged under the Migration Plan to update the ACCC on the consultation and identify any changes made as a result of the consultation.
The ACCC is not required to approve Telstra’s proposed Replacement Required Measure 1 but may object to it if it is not compliant with the Migration Plan Principles.
Telstra’s proposed changes to Required Measure 1 are relatively minor in nature. The key difference is that it now contemplates that NBN Co may ‘pull through’ not only its fibre lines, but also its copper or HFC lines. Telstra has broadened the wholesale customer’s consent and the process under Required Measure 1 to reflect this wider use of the pull through process by NBN Co.
Telstra is not proposing to require wholesale customers that have already signed a Deed Poll consenting to Pull Through Activities to sign a revised Deed Poll in order for their consent to apply to the new technologies. Unless these wholesale customers provide Telstra with notice withdrawing their consent (which they can do at any time under the terms of the Deed Poll), Telstra proposes to apply their existing consents to the extended pull through process.
Subject to the outcome of the consultation between Telstra, its wholesale customers and NBN Co, the ACCC does not propose to object to Replacement Required Measure 1.