TPG Telecom's request for extensions

TPG Telecom (TPG) has requested an extension to two Ministerial exemptions, which relate to its VDSL networks in Canberra and Regional Victoria. Without these exemptions, TPG would be required under Part 8 of the Telecommunications Act 1997 to supply wholesale layer 2 bitstream services on a wholesale-only basis over parts of these networks.

The exemptions were first granted in 2012, and then extended in 2020. Without extension the exemption will expire on the 25 May 2022. Under the Telecommunications Act 1997, the Minister can exempt networks, lines and network owners from the Part 8 requirements. The exemptions can be conditional or unconditional. They give the Minister flexibility to deal with unforeseen or other circumstances.

Details of TPG's request and the Minister’s proposed changes to the exemption instruments are contained in the following documents. In summary, the Minister is proposing to extend the expiry date of the exemptions from the 25 May 2022 to the earliest of:

• the day after a functional separation or standard functional separation undertaking relating to local access lines forming part of the relevant TPG networks first comes into force for the purposes of Part 8 of the Telecommunications Act 1997, or
• at the end of 25 May 2023.

Relevant documentation

The TPG Telecom's request for extensions consultation process ran from 17 February 2022 to 4 March 2022. The Minister also received independent advice from the Australian Competition and Consumer Commission (ACCC) PDF: 185 KB and the Australian Communications and Media Authority (ACMA) PDF: 180 KB.

After consideration, the Minister for Communications, Urban Infrastructure, Cities and the Arts, the Hon Paul Fletcher MP, has decided to grant extensions to both exemptions until the earlier of either

• the day after a functional separation or standard functional separation undertaking relating to local access lines forming part of the relevant TPG networks first comes into force for the purposes of Part 8 of the Telecommunications Act 1997, or
• at the end of 25 May 2023.

The amending instruments and the associated Explanatory Statements are available on the Department's Telecommunications Act Parts 7 and 8 requirements and exemptions webpage.