On 28 November 2017 Telstra requested regulatory forbearance regarding its Migration Plan cease sale obligations in respect of the supply of new legacy copper and HFC services to customers impacted by NBN Co.’s 27 November 2017 decision to stop connecting premises to NBN services through HFC lines for 6-9 months.
Telstra’s proposal enables customers requesting new broadband services at their current premises or because they are moving premises in the HFC service footprint to have the option to buy new legacy copper and HFC services from Telstra or its wholesalers, or request an NBN-based HFC service. The proposal applies to premises in the HFC footprint that NBN has identified as intended to be made NBN serviceable using HFC technology (not HFC connected premises with an active NBN service supplied to it) and classified as serviceable. In the absence of regulatory forbearance, Telstra would be in breach of Migration Plan clause 17 if it adopted this approach.
On 30 November 2017 the ACCC agreed to Telstra’s request on the condition that Telstra submits a formal variation to the Migration Plan as soon as practical. The ACCC will consider the variation in accordance with the Migration Plan principles and consult publicly when Telstra submits the proposed variation.