Extension of Carrier Licence Conditions Declaration for Superfast Carriage Services

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We are seeking views on amending the Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014 (the CLCs)

Why we want your input

We want your feedback to determine whether to extend the Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014 (the CLCs) by two years to provide time to progress the legislative changes set out in the Government’s Telecommunications Reform Package of 22 June 2017. The CLCs are due to expire on 30 June 2018.

How you can voice your opinion

You can voice your opinion by providing a submission to this public consultation process. Submissions are due by COB Wednesday, 23 May 2018.

What will be the outcome of this consultation?

Your submission will help the Minister decide whether to proceed with the proposed amendment and, if so, its final form.

The Issue

The Minister for Communications and the Arts, Senator the Hon Mitch Fifield, is considering amending the Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014 (the CLCs) to extend the expiration date from 30 June 2018 to

30 June 2020. This will provide further time to progress the longer-term legislative changes set out in the Government’s Telecommunications Reform Package of 22 June 2017.

The CLCs require certain types of superfast telecommunications networks servicing residential customers to operate on a functionally separated basis and to offer wholesale services on a non-discriminatory basis.

This is designed to:

support fairer and more effective competition at the network and retail levels by ensuring providers operate on a more level playing field.
ensure competing retail providers can access new residential broadband networks to provide alternative offerings, thus increasing choice for residential consumers.

The Telecommunications Legislation Amendment (Competition and Consumer) Bill 2017 includes clauses to extend the CLCs indefinitely, grandfathering existing arrangements for networks effected by the CLCs. The Bill is currently before Parliament.

Relevant Documentation

Draft – Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014 (Amendment No.1 of 2018)

Published 24th Apr 2018

Download PDF (85.78 KB) Download DOC (34.11 KB)

Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014 (Amendment No.1 of 2018)

Outcome

We received 3 non-confidential submissions and 1 confidential submission from stakeholders. Non-confidential submissions are available below.

No submissions opposed an extension to the CLCs.

After considering this feedback, the Minister for Communications has decided to progress with the proposal to extend the CLCs by two years to

30 June 2020. The Minister considers that the extension will provide industry with ongoing certainty while long-term regulatory arrangements for the sector are settled.

The amending declaration is now available on the Federal Register of Legislation and is referred to as the Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014 (Amendment No.1 of 2018). The Explanatory Statement for the amending declaration is also available on the Federal Register of Legislation.