ACCC finalises rules for services non-NBN high speed networks

Stuart Corner
Thursday, 24 November 2011 12:38

IT Policy - Regulation

The ACCC has, almost, finalised the rules that will govern the provision of NBN-type services over non-NBN high speed broadband access networks.

The ACCC has issued a draft final report for a layer 2 Bitstream service delivered over a "designated superfast broadband network" defined as a terrestrial network other than the NBN able to deliver a bandwidth of at least 25Mbps downstream to residential and small business customers and which was put in place after 1 January 2011.

It says: "The ACCC believes that the service description for the local bitstream access service will help to ensure that other providers of superfast broadband networks can provide outcomes to consumers similar to those on the NBN. The service description will ensure that all Layer 2 bitstream services that are superfast carriage services, provided over networks other than the NBN, will be regulated."

The ACCC is required to declare this service under new provisions of the Competition and Consumer Act 2010. Once the service description is finalised the service will be declared and the ACCC will not be able to change or revoke that declaration. Any owner of such a network providing services on it will be required to abide by the standard access obligations for the service.

The ACCC issued in August a discussion paper seeking submissions on the service description for a Layer 2 bitstream to cover the 'last mile' fibre to residences and small businesses on networks that are not owned by NBN Co.

The service as described is from the customer's premises to a point of interconnect from which an access seeker can provision backhaul back to their own point of presence. The ACCC expects access seekers to be able to choose between competing offerings for this backhaul or, failing that take Domestic Transmission Capacity Service, - which is declared and subject to price regulation by the ACCC.

Submissions on the draft final report are due by 8 December.