Page 129 - SAMENA Trends - March-April 2022

REGULATORY & POLICY UPDATES SAMENA TRENDS

REGULATORY ACTIVITIES BEYOND

THE SAMENA REGION

A formal consultation on NBN CO’s proposed variation Executive Wholesale, Enterprise and Government, as
to its Special Access Undertaking (SAU) has been saying: ‘Acceptance of the undertaking provides TPG
delayed by the Australian Competition and Consumer with greater flexibility to expand its fixed line network
Commission (ACCC) in order to ‘provide NBN Co footprint and to compete in wholesale and retail
Australia time to address practical issues with the release of markets … This supports our pro-competitive strategy
information it claims is commercially sensitive’. A for continued growth in the Australian market … This
proposed variation to the undertaking comes after a is a positive result for TPG and provides much needed
series of industry working group meetings conducted regulatory certainty to enable further investment into
by the ACCC in the second half of 2021, in which a our network.’ (April 8, 2022) iTnews
range of issues with the regulation under the current
undertaking were identified and alternative proposals A public inquiry into access to regional mobile towers
discussed. Subsequently, NBN Co sent the ACCC a and the feasibility of providing mobile roaming
proposed variation to its SAU last month, in which during natural disasters or other emergencies is to
information it considered to be commercially sensitive be conducted by the Australian Competition and
was redacted. However, according to the ACCC it is Consumer Commission (ACCC), at the request of the
essential for there to be a fully transparent and effective Australian Government. In a press release regarding
public consultation process, and as such it has claimed the matter, communications minister Paul Fletcher said
this requires release of the proposed variation in full. that the recent ‘2021 Regional Telecommunications
Commenting, ACCC Commissioner Anna Brakey said: Review’ had noted strong progress but highlighted
‘The ACCC is required by legislation to publish and issues that need to be further addressed. ‘In that
consult on the variation to the undertaking in full, and context, we want to make sure that the current settings
proposes to do so as soon as is practical to allow third for providing access to mobile towers are fit-for-
parties to fully engage in a meaningful consultation purpose,’ Minister Fletcher said, adding: ‘The ACCC
process.’ To that end, the competition watchdog has will call for submissions from a range of parties,
said it now aims to publish the full variation, without including the organizations that provide towers and
redactions, no later than 23 May 2022. According to associated infrastructure, and the organizations that
the ACCC, NBN Co’s SAU is a ‘key part of the future use the towers to provide services to Australians.’ The
regulation of the National Broadband Network [NBN]’, inquiry will look at the costs of providing towers and
with it setting the terms and conditions for internet associated infrastructure, including land access, and
providers to access the NBN until 2040, including how these translate into the fee structures for firms
arrangements for setting maximum prices. interested in accessing towers to provide mobile and
(April 14, 2022) commsupdate.com other wireless services. It will also look at the factors
that are important for industry in deciding whether to
A joint functional separation undertaking submitted by invest in towers and provide better mobile coverage.
TPG Telecom Limited on behalf of itself and its various With the ACCC to commence the inquiry by 1 July 2022,
subsidiaries has been accepted by the Australian it must report within twelve months. As part of the
Competition and Consumer Commission (ACCC). In process, the regulator will be required to publish a draft
November 2021 TPG submitted the undertaking to report and seek submissions on that before providing
the watchdog which would apply to all local access a final report to the Minister. (March 31, 2022) commsupdate.com
lines that it controls. With the ACCC having consulted
on the matter it has now confirmed its acceptance of Four government agencies in Australia established a
TPG’s joint functional separation undertaking, noting regulatory body to collaborate on information sharing
that this will come into force on 7 October 2022. The to streamline scrutiny of digital platforms and mitigate
undertaking will apply to all local access lines that TPG growing online risks. The Digital Platform Regulators
controls supplying superfast carriage services wholly Forum will have representatives from the Australian
or principally to residential customers, including its Communications and Media Authority (ACMA), the
existing fiber-to-the-building (FTTB) and TransACT Australian Competition and Consumer Commission
networks, as well as any new ‘superfast’ local access (ACCC), the Office of the eSafety Commissioner and
lines that TPG might deploy. In the wake of the the Office of the Australian Information Commissioner.
ACCC’s final decision on the matter, local news outlet In a statement, ACMA explained each agency will
iTnews cited John Rutherford, TPG Telecom’s Group work on initiatives related to common issues such as

129 MARCH-APRIL 2022