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Amendment to the Carrier Licence Conditions (Superfast Networks) Declaration

We're seeking feedback on a proposal for minor amendments to the Carrier Licence Conditions (Networks Supplying Superfast Carriage Services to Residential Customers) Declaration 2014 (the Declaration).

Why we want your input

On 17 December 2021, TPG Telecom (TPG) requested the Minister for Communications (the Minister) make minor amendments to the the Declaration.

The purpose of the changes is to avoid duplicate regulation and reporting requirements for TPG and the Australian Competition and Consumer Commission (ACCC).

How you can voice your opinion

Read the draft exemption instrument and upload your submission below by by 5.00pm on 13 October 2022. Alternatively, you can email your submission to: coord@communications.gov.au.

What will be the outcome of this consultation?

Your submission will help the Minister for Communications decide whether to vary the Declaration.

The Issue

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

Participate

14 Sep 2022 17:00 AEST
13 Oct 2022 23:59 AEDT
Closed

We invite you to to tell us your views on this topic.

Please include:

  • contact name
  • organisation name, if applicable
  • contact details, including telephone number, postal and email addresses
  • confirmation whether or not your submission can be made public—published—or kept confidential.

All submissions to be made public need to meet the Digital Service Standard for accessibility. Any submission that does not meet this standard may be modified before being made public.

If your submission is to be made public, please ensure you do not include any personal information that you don't want to be published.

If your submission is confidential, please ensure each page of the submission is marked as confidential.

Please click on the 'Have your say now' button below to upload your submission.

This consultation is closed.

Alternatively please email your completed template submission to coord@communications.gov.au.

Australian Privacy Principle 5 Notice

Amendment to the Carrier Licence Conditions (Superfast Networks) Declaration

Your submission, including any personal information supplied, is being collected by the Department of Infrastructure, Transport, Cities and Regional Development in accordance with the Privacy Act 1988 (the Privacy Act), for the purpose of seeking feedback for a proposed variation to the Carrier Licence Conditions (Networks Supplying Superfast Carriage Services to Residential Customers) Declaration 2014.

The department will use this information to help the Minister for Communications decide whether to vary the Carrier Licence Conditions (Networks Supplying Superfast Carriage Services to Residential Customers) Declaration 2014.

Your personal information will be stored securely by the department. It may be used by the department to make further contact with you about the consultation process. Your personal information will not be disclosed to any other third parties, except in the circumstances outlined below.

Submissions, in part or full, including the name of the author may be published on the department's website or in the Government's response, unless the submission is confidential. Confidential submissions (including author name) will not be published. Private addresses and contact details will not be published or disclosed to any third parties unless required by law.

Submissions will only be treated as confidential if they are expressly stated to be confidential. Automatically generated confidentiality statements or disclaimers appended to an email do not suffice for this purpose. If you wish to make a confidential submission, you should indicate this by ensuring your submission is marked confidential.

Confidential submissions will be kept securely and will only be disclosed in the following circumstances:

  • in response to a request by a Commonwealth Minister
  • where required by a House or a Committee of the Parliament of the Commonwealth of Australia, or
  • where required by law.

The department may also disclose confidential submissions within the Commonwealth of Australia, including with other Commonwealth agencies, where necessary in the public interest.

Please note that in order to protect the personal privacy of individuals in accordance with the Privacy Act any submissions containing sensitive information, personal information or information which may reasonably be used to identify a person or group of people may not be published, even if not marked as confidential.

The department's Privacy Policy contains information regarding complaint handling processes and how to access and/or seek correction of personal information held by the department. The Privacy Officer can be contact at privacy@infrastructure.gov.au.