Further consultation on permitted information sharing

The Telecommunications Act 1997 prohibits information provided by carriers and carriage service providers to a retail service provider from being disclosed to, or obtained, accessed or used by, a wholesale infrastructure provider bound by the same functional separation undertaking, unless otherwise determined by the ACCC by legislative instrument.

Proposed information sharing provisions

The Telecommunications (Permitted Information Sharing for Joint Functional Separation Undertakings) Determination 2020 permits the following information sharing exceptions in relation to joint functional separation undertakings.

Information provided to a retailer by a carrier or carriage service provider (other than a wholesaler) that constitutes:

• terms and conditions relating to price or a method of ascertaining price in respect of the provision of a local access line service on a wholesale basis
• other terms and conditions relating to the provision of a local access line service on a wholesale basis, or
• current or proposed network coverage information including maps and network ownership information relating to the provision of a local access line service on a wholesale basis.

This applies where that information is disclosed by the retailer to a wholesaler bound by the same joint functional separation undertaking for the purpose of obtaining an equivalent offer from that wholesaler in respect of the provision of a local access line service on a wholesale basis.

Information provided to a retailer by a carrier or carriage service provider (other than a wholesaler) that constitutes:

• practices, procedures or other guidance relating to the maintenance and continuity of business operations in emergency scenarios
• a request to access the infrastructure of a wholesaler for the purpose of maintaining network resilience or the continuity of business operations, or
• practices, procedures or other guidance relating to compliance with relevant regulatory obligations.

Consultation

On 18 December 2020, the ACCC posted a consultation notice on its website inviting feedback from interested stakeholders on aligning the permitted information sharing provisions across all three forms of functional separation undertaking to ensure regulatory consistency by:

• amending the Telecommunications (Deemed Functional Separation Undertaking) Determination 2020 to duplicate the kinds of information specified in the Telecommunications (Permitted Information Sharing for Joint Functional Separation Undertakings) Determination 2020, which are included above
• making a similar determination in relation to standard functional separation undertakings.

Submissions closed Friday 5 February 2021. The ACCC did not receive any submissions.