Functions and powers

Declaration and access conditions for communications services

The ACCC can declare a service by:

  • • holding a public inquiry and allowing access providers, access seekers and consumers to comment; or
  • • accepting a special access undertaking from the provider of a service which effectively declares a particular service.

Once a service has been declared, the ACCC must make final access determinations for all services that it declares. These determinations enable the ACCC to set default price and non-price terms for declared services. The terms only apply where there is no commercial agreement between an access seeker and an access provider, creating a benchmark which access seekers can fall back on while still allowing parties to negotiate different terms.

Oversight of Telstra’s structural separation

As part of the ACCC’s role in ensuring a smooth transition to the NBN, it oversees Telstra’s SSU and migration plan. Together these outline how

Telstra will progressively stop supplying telephone and broadband services over its copper and hybrid fibre coaxial (HFC) networks and migrate those services to the NBN. Each financial year the ACCC must monitor and report to the Minister for Communication on Telstra’s breaches, if any, of its structural separation undertaking and migration plan.

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