On 30 July 2020 the Australian Competition and Consumer Commission (ACCC) entered into a Memorandum of Understanding (MoU) with the Office of the Australian Information Commissioner (OAIC) relating to the performance of their respective roles in regulating the Consumer Data Right system. The purpose of the MoU is to:
The ACCC has approved the attached form for standard functional separation undertakings for the purposes of section 151A of the Telecommunications Act 1997.
Those seeking standard functional separation are required to submit their undertaking to the ACCC electronically and in the approved format. Standard functional separation undertakings can be submitted via email to telcoseparationrules@accc.gov.au.
The ACCC has approved the attached form for joint functional separation undertakings for the purposes of section 151C of the Telecommunications Act 1997.
Those seeking joint functional separation are required to submit their undertaking to the ACCC electronically and in the approved format. Joint functional separation undertakings can be submitted via email to telcoseparationrules@accc.gov.au.
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). The ACCC is required to approve a form for the undertaking in writing before an undertaking can be formally received and assessed.
On 9 September 2020, the ACCC issued a consultation paper seeking comments from interested stakeholders on a joint functional separation undertaking submitted by Uniti Group Limited in accordance with section 151C of the Telecommunications Act 1997. The undertaking was supplemented by a supporting submission.
We welcome comments on any aspect of the undertaking, having regard to the supporting submission. Submissions are due by COB, Wednesday 30 September 2020.