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ACCC calls for submissions from non-NBN owned fibre suppliers

IT Policy - Government Tech Policy

The Australian Competition and Consumer Commission has issued a discussion paper seeking submissions on the service description from non-NBN last mile fibre telecoms in order to create a framework for the ACCC to regulate their services.

 

The ACCC declaration is intended to cover the 'last mile' fibre to residences and small businesses on networks that are not owned by NBN Co.

Most of the last mile fibre already existing in Australia connecting to businesses is owned by Telstra.

The declaration will only apply to services supplied using a designated superfast telecommunications network, which is a network used to supply a Layer 2 bitstream service where the download transmission data rate is normally 25 Mbps or higher. It will not apply to the NBN or to wireless or satellite networks. The ACCC continues to have discussions with NBN Co in expectation of it lodging a special access undertaking for its Layer 2 bitstream service.

'Given the importance of these networks in providing access to high-speed broadband, the ACCC strongly encourages owners and retailers providing services covered by the local bitstream access service description to make a submission,' ACCC chairman Rod Sims said.

The ACCC is required to declare this service under new provisions of the Competition and Consumer Act 2010. In order to do this, the ACCC must first develop a service description specifying which services are to be covered by the declaration. This declaration will oblige service providers to adhere to the Standard Access Obligations.

The local bitstream access service declaration is expected to occur around the commencement of the new provisions, anticipated in October 2011. Within thirty days of the service being declared, the ACCC must commence a further public inquiry into the terms of access to the service, including setting a price or method of ascertaining a price for the service.

To assist its decision on the service description, the ACCC invites submissions from stakeholders and interested parties by no later than 5 p.m. on 16 September 2011. The discussion paper is available on the ACCC's website.