The Australian Government has recently consulted on a draft package of legislation that will implement a range of reforms in the telecommunications sector. These reforms will change the regulatory regime applying to superfast broadband infrastructure, implementing some of the recommendations from the 2014 Vertigan review, the Independent cost-benefit analysis of broadband and review of regulation.
In short, the proposed reforms will:
- amend Parts 7 and 8 of the Telecommunications Act 1997 (Cth), to clarify the structural separation arrangements under which superfast broadband infrastructure providers operate;
- impose 'Statutory Infrastructure Provider' obligations on NBN Co (and potentially other infrastructure providers in limited areas), requiring the provision of a broadband infrastructure connection to all Australians on request, irrespective of where they live; and
- establish the 'Regional Broadband Scheme' which, controversially, will provide for a levy regime to fund the National Broadband Network's loss making regional satellite and fixed wireless services.
It is proposed the changes, to be implemented via the Telecommunications Legislation Amendment (Competition and Consumer) Bill 2017 and the Telecommunications (Regional Broadband Scheme) Charge Bill 2017, will take effect from 1 July 2017. Therefore, although the Government is no doubt still considering the feedback received from the consultation process, it is expected that the Bills will be introduced in Federal Parliament in the short term.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
