- Operators of non-NBN fixed line networks must seek an exemption before they supply their own retail services on the lines they control.
- The ACCC oversees the exemption process.
What the ACCC does
- We regulate the exemption process. This allows operators to use the local access lines they control to supply their own retail services.
- We have made a class exemption for small network operators.
- We have also determined a deemed functional separation undertaking that operators can elect to be bound by.
- We accept or reject customised functional separation undertakings from operators.
What the ACCC can't do
- We don’t control the retail prices consumers pay for superfast broadband.
What we do with superfast fixed line broadband networks
The ACCC regulates access to wholesale telecommunications services.
As part of this role, we regulate non-NBN fixed line networks used to supply superfast broadband services.
Operators must seek an exemption before they can supply retail services
Operators must not supply retail services, unless they seek an exemption.
Without an exemption, operators:
- can only use the local access lines they control to supply wholesale superfast broadband services
- can’t supply retail services over their own lines.
An exemption is granted through an undertaking or class exemption
Network operators that provide superfast broadband services to residential customers can provide retail services when they have:
- elected to be bound by the class exemption the ACCC has determined for small networks. This removes the condition to operate on a wholesale-only basis
- elected to be bound by the deemed functional separation undertaking that the ACCC has determined, or
- lodged a customised functional separation undertaking that we’ve accepted.
We regulate the exemption process
We oversee the exemption process that allows operators to use the local access lines they control to supply their own retail superfast broadband services.
We:
- accept or reject functional separation undertakings
- accept and publish elections from operators to be bound by the class exemption for small network operators or the deemed functional separation undertaking.
Operators bound by the class exemption or a functional separation undertaking must:
- continue to offer wholesale access on non-discriminatory terms
- comply with the terms of the undertaking or the class exemption.
The legal basis of our functions
These rules and our functions are set out in Part 8 of the Telecommunications Act 1997.
Amendments in August 2020 relaxed wholesale-only requirements in the Act. This provided greater commercial flexibility for superfast network operators and promoted infrastructure-based competition.
These rules are referred to as the carrier separation rules.
Superfast fixed line broadband networks projects
See a complete list of telecommunications and internet projects.
Access undertakings and determinations
| Title | Industry | Type | Status |
|---|---|---|---|
| TPG joint functional separation undertaking | Communications | Access undertaking |
Finalised
7 April 2022 |
On 8 November 2021, TPG submitted a joint functional separation undertaking to the ACCC on behalf of itself and various subsidiaries in accordance with section 151C of the Telecommunications Act 1997. On 7 April 2022, the ACCC accepted TPG's joint functional separation undertaking which will come into force on 7 October 2022. |
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| Superfast broadband network class exemption & deemed functional separation undertaking | Communications | Access determination |
Finalised
21 January 2021 |
The Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 received Royal Assent on 25 May 2020. Among other provisions, it amends the Telecommunications Act 1997 (Cth) (Tel Act) to enable superfast fixed line broadband networks serving residential customers to operate on a functionally separated basis (rather than a structurally separated basis). |
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| Further consultation on permitted information sharing | Communications | Access determination |
Finalised
9 March 2021 |
On 3 March 2021, the ACCC issued two determinations that specify the kinds of information that may be shared between a retail and wholesale business unit of a corporation bound by a standard or deemed functional separation undertaking. |
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| Joint functional separation undertakings - permitted information sharing | Communications | Access determination |
Finalised
18 December 2020 |
On 18 December 2020, the ACCC issued the Telecommunications (Permitted Information Sharing for Joint Functional Separation Undertakings) Determination 2020. This determination specifies the kinds of information provided by carriers and carriage service providers to retailers that may be shared with wholesalers bound by a joint functional separation undertaking. |
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| Uniti joint functional separation undertaking | Communications | Access undertaking |
Finalised
21 October 2020 |
On 2 September 2020, Uniti Group Limited (Uniti) submitted a joint functional separation undertaking and a supporting submission in accordance with section 151C of the Telecommunications Act. The ACCC accepted the undertaking on 21 October 2020. |
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Industry guidelines
| Title | Industry | Type | Status |
|---|---|---|---|
| Industry guidance on the carrier separation rules | Communications | Guideline |
Finalised
2022 |
In October 2022, the ACCC published explanatory material relating to the carrier separation rules in Part 8 of the Telecommunications Act 1997 (Cth) (Telecommunications Act). |
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| Forms for functional separation undertakings | Communications | Guideline |
Finalised
18 December 2020 |
On 25 August 2020, amendments to the Telecommunications Act 1997 came into effect that enable superfast fixed line broadband networks serving residential customers to operate on a functionally separated basis (rather than a structurally separated basis). |
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