The Adequately Served policy is intended to prevent unnecessary duplication of fibre networks, existing as at 1 January 2012 in residential estates, that could deliver services that meet the Government's NBN objectives.
The policy states that the NBN Co Limited fibre network will not overbuild networks assessed as adequately served, except in circumstances where not overbuilding a particular area will have a significant impact on NBN Co's ability to efficiently roll out the network.
The adequately served application process was conducted between 27 April and 30 September 2012, in line with the policy paper Adequately served criteria and assessment process to facilitate the rollout of the NBN, released by the former Minister for Broadband, Communications and the Digital Economy.
The Government is finalising a series of reviews into the NBN to refocus the rollout around its policy objectives, which include using a wider range of technologies to connect homes and businesses to the network sooner. The Government will further consider the adequately served policy in the context of these reviews.
On 14 October 2013, the Minister for Communications, the Hon Malcolm Turnbull MP, made a formal determination to designate 29 networks in residential estates as adequately served. OptiComm Co Pty Ltd operates 25 of these networks and Pivit Pty Ltd operates four.
On 29 April 2014, the Minister made a second determination to designate an additional seven networks as adequately served. Places Victoria Pty Ltd operates six of these networks and NT Technology Services (a subsidiary of Fujitsu Australia Pty Ltd) operates one.
As part of the determination, each of the four carriers agreed to the execution of a carrier licence condition implementing an obligation to act as the ‘infrastructure provider of last resort' within their nominated network footprints. This means that they are required to offer a connection to all premises in the nominated network areas. These determinations do not limit consumers' choice of retail service provider, and the network operators are required to provide wholesale services to all RSPs who request them on an open-access and non-discriminatory basis. NBN Co will update its coverage register, available online, that will allow end-users to check their address for who is providing the available infrastructure.