On 8 April 2020, Telstra asked the Minister for Communications, Cyber Safety and the Arts to extend exemptions from the default structural separation requirements for its South Brisbane and ‘Velocity’ fibre networks. We are seeking views on this request.

How it works

Why we want your input
The decision to grant an exemption is a matter for the Minister's discretion. The Minister can consider views expressed during consultations when deciding whether to grant exemptions and whether to place specific conditions on them.
How you can voice your opinion
You can provide a submission to this public consultation process. Submissions are due by 5 June 2020
What will be the outcome of this consultation?
The Department of Infrastructure, Transport, Regional Development and Communications is seeking views on a request from Telstra for extensions to Ministerial exemptions for its South Brisbane and ‘Velocity’ fibre networks. Without these exemptions, Telstra would be required by Parts 7 and 8 of the Telecommunications Act 1997 to supply wholesale layer 2 bitstream services on a wholesale-only basis over these networks. The exemptions were first granted in 2012, and without extension will expire on the Designated Day, which has been set at 1 July 2020. Under the Telecommunications Act 1997, the Minister for Communications, Cyber Safety and the Arts can exempt networks, lines and network owners from the Parts 7 and 8 requirements. The exemptions can be conditional or unconditional.

Consultation Information

Consultation tabs

The Issue
Consultation Period:  May 20, 2020 09:00 AEST to June 05, 2020 17:00 AEST

Details of Telstra’s request and its proposed changes to the exemption instruments are contained in the following documents. Please note that on 27 May 2020, Telstra provided an updated version of its request, which has been labelled as a ‘supplementary update’ in the links below.

In summary, Telstra is requesting the Minister to extend the expiry date of the exemptions from the 1 July 2020 to the earlier of:

  • 1 July 2023, if Telstra still owns the network, and
  • 90 days after the last customer transition is complete, if Telstra sells the network to a third party.

Relevant Documentation

Supplementary update of Telstra request for variation to the Telecommunications (Network Exemption–Telstra South Brisbane Network) Instrument 2012 and the Telecommunications (Network Exemption–Telstra Specified Velocity Networks) Instrument 2012

Published 27th May 2020

Download PDF (212.92 KB) Download DOC (28.67 KB)
Supplementary update of Telstra request for variation to the Telecommunications (Network Exemption–Telstra South Brisbane Network) Instrument 2012 and the Telecommunications (Network Exemption–Telstra Specified Velocity Networks) Instrument 2012.

Telstra request for variation to the Telecommunications (Network Exemption–Telstra South Brisbane Network) Instrument 2012 and the Telecommunications (Network Exemption–Telstra Specified Velocity Networks) Instrument 2012.

Published 20th May 2020

Download PDF (215.35 KB) Download DOC (28.73 KB)
Telstra provided a document that sets out the background behind the existing exemptions and outlines Telstra’s arguments as to why the Minister should grant extensions to the current exemption instruments.

Telstra’s proposed changes to the Telecommunications (Network Exemption–Telstra South Brisbane Network) Instrument 2012 in mark-up format.

Published 20th May 2020

Download PDF (457.58 KB) Download DOC (213.08 KB)
Telstra’s proposed changes to the Telecommunications (Network Exemption–Telstra South Brisbane Network) Instrument 2012 in mark-up format.

Telstra’s proposed changes to the Telecommunications (Network Exemption–Telstra Specified Velocity Networks) Instrument 2012.

Published 20th May 2020

Download PDF (345.6 KB) Download DOC (26.73 KB)
Telstra’s proposed changes to the Telecommunications (Network Exemption–Telstra Specified Velocity Networks) Instrument 2012.

Participate

Started May 20, 2020 09:00 AEST
Ends June 05, 2020 17:00 AEST
Days Remaining 2 of 16
Open

Formal Submission

What should be identified in submission:

  • the name of the party making the submission
  • the organisation represented (if applicable)
  • contact details, including telephone number and email address.

Email to send submission to: InfrastructureAndAccess [at] communications.gov.au

Postal address to send submission to:

Director
Telecommunications Competition
Department of Infrastructure, Transport, Regional Development and Communications
GPO Box 594
Canberra ACT 2601