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Ministers for the Department of Communications and the Arts

Regulatory Arrangements to support Definitive Agreements

16 December 2014

The Government has released a consultation paper for public comment on regulatory changes designed to support the shift to an MTM National Broadband Network (NBN).

As part of the amended Definitive Agreements between Telstra and NBN Co, Telstra is required to vary its migration plan to outline how it will transition customers to the multi-technology mix (MTM) NBN. Telstra is required to submit to the Australian Competition and Consumer Commission (ACCC) for its approval a varied Migration Plan.

To enable Telstra to submit its varied migration plan to the ACCC, the Government will make two new regulatory instruments that set the requirements for the varied migration plan: the Telecommunications (Migration Plan Principles) Determination 2014 and the Telecommunications (Migration Plan - Specified Matters) Instrument 2014. These instruments will guide the ACCC's consideration of Telstra's proposed variation.

The consultation paper, and drafts of the two instruments, are available on the Department of Communications website.

Subject to statutory consultation requirements, the Government also intends to introduce two carrier licence conditions to provide clarity for industry and ensure a competitive market exists for NBN services:

  • Telstra would be required to provide to NBN Co wholesale end user location identification data for all active copper line and HFC services in an NBN ready for service region where NBN Co requires this information for migration related purposes. This will assist NBN Co with managing consumers with critical legacy services such as medical alarms, fire panels and lift phones. Access to this data would also enable NBN Co to run marketing campaigns to assist with migration of all end users to the NBN before the applicable disconnection date for a region.
  • NBN Co would be required to share certain information with all access seekers on an equitable basis. This would ensure that information that may provide a competitive advantage to Telstra under the amended Definitive Agreements, is shared with access seekers at the same time. Development of this licence condition would be subject to consultation undertaken by the ACCC with industry stakeholders in early 2015.

Carriers and other interested parties are invited to comment on the policy paper. Comments should be sent to migration@communications.gov.au by 5.00 pm (AEDT) on 7 January 2015.

Date: 16 December 2014
Media contact:
Jon Dart 0457 646 749 and David Bold 0427 784 451

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