Telecommunications Statutory Infrastructure Providers (SIP) now have more clarity and certainty about the limited circumstances where they are not obliged to connect premises or supply wholesale services to end-users with a new Determination now in force.
The updated Telecommunications (Statutory Infrastructure Providers-Circumstances for Exceptions to Connection and Supply Obligations) Determination also makes it clearer to developers what they need to do to have their developments connected without delay. In turn, this will help ensure consumers will be able to access high-speed fibre broadband as soon as possible when they move in to new housing estates.
The Determination follows on from the passage of the Telecommunications Legislation Amendment (Enhancing Consumer Safeguards and Other Measures) Act 2023 on 16 May 2024 which provided important consumer safeguards in terms of accessing voice and broadband services. That new law also expanding the scope of the Telecommunications Industry Ombudsman’s role in relation to resolving disputes relating to connections in new housing estate.
The new exception circumstances address real-world issues where SIPs may be required to reject a request for connection or supply, for example: where it is not safe for SIP employees to undertake work or construction works are not sufficiently progressed to allow broadband services to be installed.
Importantly, the exemptions will only apply until the issue in question is remedied.
For consumers, these changes will mean greater certainty about when they can expect to be connected and receive services.
NBN Co is the default Telecommunications Statutory Infrastructure Provider (SIP). Other carriers can also be SIPs where they have installed telco network infrastructure to connect premises in new real estate developments, shopping centres or apartments.
Following consultation with key stakeholders, the Determination was updated to align the instrument with similar provisions in Part XIC of the Competition and Consumer Act 2010 (CCA), as well as exceptions relating to standard processes under industry codes and SIP standard offers.
The Determination simplifies arrangements for SIPs ensures more timely and accurate transfer of services for end-users; and assists to prevent fraud.
