Uniti joint functional separation undertaking - consultation paper

Overview

On 25 August 2020, amendments to the Telecommunications Act 1997 came into effect that enable superfast fixed line broadband networks serving residential customers to operate on a functionally separated basis (rather than a structurally separated basis).

In particular, network operators are now able to voluntarily submit functional separation undertakings to the ACCC for approval. This is intended to provide greater commercial flexibility for superfast network operators and promote infrastructure-based competition.

On 2 September 2020, Uniti Group Limited (Uniti) submitted a joint functional separation undertaking and a supporting submission in accordance with section 151C of the Telecommunications Act. 

Under section 151G of the Telecommunications Act, the ACCC is required to undertake consultation for a period of no less than 15 business days before deciding whether to accept or reject a joint functional separation undertaking.

The ACCC seeks comments from interested stakeholders on Uniti's undertaking. We welcome comments on any aspect of the undertaking, having regard to Uniti’s supporting submission. 

How to make a submission

Interested parties can make a submission via this consultation either by responding to questions or uploading a submission. Please refer to the Consultation Paper document when completing the questions.

Alternatively, submissions can be lodged by email to duncan.mcglynn@accc.gov.au or ed.seymour@accc.gov.au. 

Please include your name, organisation and other contact details when making a submission.

Submissions are due by COB, Wednesday 30 September 2020.

All submissions will be treated as public documents and published on the ACCC website unless otherwise requested. 

A commercial-in-confidence submission should be clearly marked and include reasons why it is confidential, and it should be submitted along with a public version.

More information about the ACCC’s treatment of confidential information can be found in the ACCC’s Information Policy.