On 27 February 2012 the ACCC accepted Telstra’s structural separation undertaking (SSU). The SSU commenced on 6 March 2012. Telstra’s structural separation will occur progressively—through Telstra ceasing to supply fixed-line voice and broadband services over its copper and HFC networks and commencing to supply those services over the NBN as the fibre network is rolled out. The SSU contains a number of obligations that are designed to promote competition during the interim period from the date that the SSU commenced until the NBN fibre network is complete.
For the SSU annual compliance reports, please see: Telstra's structural separation undertaking
|Telstra's SSU||27 February 2012|
|Implementation||13 November 2012|
|SSU variation||19 June 2013|
|Rectification proposal: ADSL profiles||10 July 2013|
|Rectification proposal: order management in wholesale upgrades||10 July 2013|
|Rectification proposal: systems & processes for service qualification for the LSS & ADSL||12 June 2014|
|Rectification proposals: Basic Telephone Service||15 October 2014|
|Telstra completion of IT systems remediation program||4 October 2016|
|Rectification proposal: LOLO/LOLIG issues - BTS, ADSL and LSS||22 December 2016|
Under clause 9(a) of the SSU Telstra has an obligation to ensure that particular aspects of retail and wholesale services will be equivalent (the ‘overarching equivalence commitment’). Under Schedule 11 to the SSU, Telstra may report possible breaches of the overarching equivalence commitment and must, no later than 30 days after reporting the possible breach, submit a proposal to the ACCC which sets out the steps that Telstra proposes to take to remedy the possible breach (a ‘rectification proposal’).
The ACCC may accept a rectification proposal or if satisfied that it does not provide an effective remedy for the possible breach, reject the rectification proposal and direct Telstra to take alternative steps to remedy the possible breach.