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Response to the Vertigan Review of the Regulatory Arrangements for the NBN

Regulation Impact Statement – Department of Communications and the Arts

On 22 June 2017 the Government introduced the Telecommunications Legislation Amendment (Competition and Consumer) Bill 2017 to Parliament.

Amongst other measures, the Bill amends Parts 7 and 8 of the Telecommunications Act 1997 and Part XIC of the Competition and Consumer Act 2010 to enable new superfast networks to operate on a functionally separated basis with the approval of the Australian Competition and Consumer Commissions (ACCC). Under previous arrangements, superfast networks were required to separate structurally in order to provide services to retailers in conjunction with wholesale services. Functional separation allows these entities to avoid the costs associated with structural separation on the condition that the entities functionally separate their wholesale and retail services.

A Regulation Impact Statement (RIS) was prepared and certified by the Department of Communications and the Arts and has been assessed as compliant and best practice by the Office of Best Practice Regulation (OBPR).

The bill also introduces a statutory obligation on NBN Co. requiring it to connect any premises to its network and service them on an ongoing basis into the future.

A RIS was prepared and certified by the Department of Communications and the Arts and has been assessed as compliant and best practice by the Office of Best Practice Regulation (OBPR).

The Department estimated both proposals will reduce regulatory costs by $816,000. The OBPR agreed to this estimate.