Issue No 10: 4 April 2022 **Reissue**
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Clarification on Superfast Broadband Network Class Exemption
In our newsletter of 24 March 2022, we noted that the Federal Government’s Telecommunications Amendment (Local Access Lines—Class Exemptions) Regulations 2022 had been approved by the Governor-General and published on the Federal Register of Legislation. We had stated that when read together, the new Regulations and the Australian Competition and Consumer Commission’s (ACCC) Telecommunications (Superfast Broadband Network Class Exemption) Amendment Determination 2021 (No. 1) exempt controllers of superfast fixed-line broadband networks servicing fewer than 12,000 residential customers from having to separate their wholesale and retail businesses.
The article did not make clear that the exemption does not apply automatically and that network operators need to elect to be bound by the class exemption. Eligible superfast network operators who wish to be exempt from the wholesale-only requirement must elect to be bound by the class exemption by providing a copy of the written notice available on the ACCC website to email@example.com. Network operators who elect to be bound by the class exemption must comply with the conditions of the exemption, including the requirement to offer to supply a Superfast Broadband Access Service to wholesale customers on a non-discriminatory basis. Network operators who wish to discuss any aspect of the class exemption may contact the ACCC using the above email address.
CA Submission to ACMA Compliance Priorities Consultation
Communications Alliance has provided input to the ACMA’s Compliance Priorities 2022-23 consultation, encouraging the ACMA to focus its compliance and enforcement activity on a few key priority issues, rather than attempting to address many issues at once; and asking that the ACMA explore the idea of positively reinforcing desirable industry behaviour by highlighting more examples of good industry behaviour detected as part of its compliance and enforcement program, as well as focusing on negative trends or examples.
Below is a list of currently open telecommunications-related consultations being conducted by Government and other organisations that provide an opportunity for you to have your say.