On 22 February 2012 the ACCC made a decision to declare a layer 2 bitstream service, to be called the local bitstream access service (LBAS). This declaration commenced on 13 April 2012. This declaration does not expire.
Timeline
| Stages | Date |
|---|---|
| Discussion paper | 8 August 2011 |
| Draft report | 24 November 2011 |
| Final report | 22 February 2012 |
Legislative background
The Telecommunications Legislation Amendment (National Broadband Network Measures – Access Arrangements) Act 2011 (NBN Access Arrangements Act) introduced amendments to both the Telecommunications Act 1997 (Telco Act) and the Competition and Consumer Act 2010 (the Act) regarding Layer 2 bitstream services. These amendments set out a regime to regulate the provision of Layer 2 bitstream services to ensure that these services are offered on an open and equivalent access basis.
The new subsection 152AL(3C) of the Act requires that the ACCC declare a Layer 2 bitstream service as soon as practicable after the provision commences. This declaration does not expire.
This Layer 2 bitstream declaration will apply only to services supplied using a designated superfast telecommunications network. A designated superfast telecommunications network includes a telecommunications network (except the NBN) used, or proposed to be used, to supply one or more Layer 2 bitstream services, and used, or proposed to be used to supply a superfast carriage service, to residential or small business customers, provided that the network:
- came into existence after 1 January 2011
- is upgraded after that time and as a result of the upgrade becomes capable of supplying a superfast carriage service.
A superfast carriage service is defined in subsection 141(10) of the Telco Act as a carriage service that enables end-users to download communications, the download transmission data rate is normally 25 Mbps or higher and the carriage service is supplied using a line to a premises occupied or used by an end-user.