Amendment to the Carrier Licence Conditions (Superfast Networks) Declaration

TPG requested a variation to the Declaration to fix a minor drafting issue that may result in duplicate regulation and reporting for TPG and the ACCC.

The variation will align the language between the Declaration and amendments to the Telecommunications Act 1997 (the Act) that allows owners of superfast broadband networks to obtain Functional Separation Undertakings (FSU) from the ACCC.

The proposed variation broadens the scope of the Declaration from the 'carrier' to the 'carrier or any of its associates'. The change means that, in effect, the Declaration will not apply if an undertaking is given to the ACCC by not only a carrier, but also its associates.

For more information about carrier licence conditions, review the Rules for carriers and service providers webpage.

The Minister's proposed changes to the exemption instruments are contained in the document below.

Documentation

• Telecommunications (Carrier Licence Conditions) Amendment (Networks supplying Superfast Carriage Services to Residential Customers) Instrument 2022

The consultation process to make minor amendments to the Declaration closed on 13 October 2022.

After consideration, the Minister for Communications, the Hon Michelle Rowland MP, has decided to vary the Declaration.

The amending instrument and the associated Explanatory Statement are available on the Federal Register of Legislation at Telecommunications (Carrier Licence Conditions) Amendment (Networks supplying Superfast Carriage Services to Residential Customers) Instrument 2022 (legislation.gov.au)