Extension of superfast networks carrier licence conditions open for consultation

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).

This Declaration requires certain types of superfast telecommunications networks servicing residential customers to operate on a functionally separated basis and to offer wholesale services.

The proposed amendments would extend the Declaration by 18 months. The Declaration is otherwise due to expire on 31 December 2016. This will provide time to progress the legislative changes set out in the Government's Telecommunications Regulatory and Structural Reform.

The amendment would also improve transparency in relation to compliance with the rules and remove a number of spent provisions.

Submissions on the Amending Declaration and the draft Regulation Impact Statement can be provided by Tuesday, 1 November 2016, to InfrastructureAndAccess@communications.gov.au.

Should you have any queries or require any clarification, in the first instance please email InfrastructureAndAccess@communications.gov.au. 

Relevant links

• Existing carrier licence conditions—Carrier Licence Conditions (Networks Supplying Superfast Carriage Services to Residential Customers Declaration 2014).
• The Australian Government's Telecommunications Regulatory and Structural Reform

Relevant Documentation

Amending Declaration—Carrier Licence Conditions (Networks Supplying Superfast Carriage Services to Residential Customers Declaration 2014 (Amendment No.1 of 2016)

Published 5th Oct 2016

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Amending Declaration—Carrier Licence Conditions (Networks Supplying Superfast Carriage Services to Residential Customers Declaration 2014 (Amendment No.1 of 2016)

Draft Regulation Impact Statement

Published 5th Oct 2016

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Draft Regulation Impact Statement

On 2 December 2016 the Minister extended superfast networks carrier licence conditions by 18 months to provide time to progress the legislative changes set out in the Government’s Telecommunications Regulatory and Structural Reform. This extends rules that were first made in 2014 to require certain new superfast networks to operate on a functionally separated basis with a view to supporting competition.

The Minister also made new reporting measures to improve transparency. These include providing information on the extent of networks and confirmation that they are being operated on a wholesale-only basis.

The Minister consulted industry and other stakeholders. The four public submissions that were received during consultation are published below.

The Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014 (Amendment No. 1 of 2016) and the Explanatory Statement have been published on the Federal Register of Legislation.