The ACCC has issued binding rules of conduct that specify additional regulated terms of access for the superfast broadband access service (SBAS) supplied by Uniti Group Pty Ltd and its related corporate entities (Uniti Group).
The SBAS is the regulated wholesale service that retailers use to supply broadband to households and businesses that are connected to superfast fixed-line networks other than the NBN.
The additions to the regulated access terms relate to the number and location of the points at which retailers can be required to interconnect with the Uniti Group networks, and will apply on an interim basis for up to 12 months while the ACCC reviews the access determination for the SBAS made in March 2024.
This is only the second time the ACCC has issued binding rules of conduct since it received the power to do so in 2010.
The binding rules of conduct issued to Uniti Group have been developed in response to several retailers expressing concerns over the commercial viability of the interconnection arrangements that Uniti Group had specified for those retailers wanting to access its SBAS on regulated prices. These retailers were also concerned by the higher supply costs that they would face if they instead had to pay Uniti Group's commercial charges.
"These rules of conduct have been designed to enable retailers to supply broadband over Uniti Group networks on reasonable terms while the ACCC conducts a review of the existing access determination," ACCC Commissioner Anna Brakey said.
"This promotes retail competition and allows the households and businesses that rely on these networks to select from a broader range of internet offers, including more affordable options."
The ACCC is now required to commence a public inquiry to consider varying the SBAS access determination. The inquiry will consider the concerns previously raised by retailers, along with other issues that could arise concerning the price and non-price terms and conditions of access to regulated superfast broadband access services.
Today the ACCC gives notice of the commencement of the public inquiry and will publish a discussion paper in February 2025: Public inquiry to vary the SBAS access determination
Background
The SBAS provides access to wholesale broadband services supplied by operators of superfast fixed-line networks other than NBN. A superfast broadband network is one that is normally capable of download data speeds of 25 Mbps or higher. Retailers use this service to supply broadband to households and businesses that are connected to these networks, which are primarily in apartment buildings and new residential housing estates in urban areas.
There are approximately 30 SBAS networks which range from large operators such as Uniti Group and TPG to operators serving single residential estates with fewer than 100 customers.
In March 2024, the ACCC made an access determination for the SBAS which came into force on 1 September 2024. The access determination sets maximum wholesale prices and other important terms and conditions for access to the SBAS which are to apply where the access provider and access seeker cannot reach commercial agreement. The SBAS access determination provides that regulated access prices are benchmarked to NBN prices.
The ACCC can set temporary regulated price and other access terms through binding rules of conduct where it considers quick action is required to address issues affecting access to a declared service such as the SBAS. As they are a temporary measure to deal with urgent matters, their duration is limited to a maximum of 12 months.
