Varied undertaking consultation5 Oct 2023
On 13 June 2023, Myport Pty Ltd trading as Gigafy submitted a standard functional separation undertaking to the ACCC under section 151A of the Telecommunications Act 1997.
On 19 June 2023, the ACCC issued a consultation paper seeking comments from interested stakeholders on Gigafy’s proposed undertaking.
Submissions closed on Wednesday 12 July 2023. The ACCC received submissions from NBN Co and Superloop.
On 20 September 2023, the ACCC gave Gigafy a Notice to vary its original undertaking under consideration in accordance with subsection 151K(2) of the Telecommunications Act. The Notice to vary invited Gigafy to submit a varied undertaking to address some of the concerns raised in submissions. The Notice to vary also invited Gigafy to provide enhanced transparency measures and stronger commitments to ensure its retail and wholesale business units are operated on an arm's length basis.
Gigafy submitted a varied undertaking in response to the Notice to vary on 20 September 2023. The Telecommunications Act requires the ACCC to conduct further consultation before deciding whether to accept or reject the varied undertaking.
On 5 October 2023, the ACCC issued a consultation paper inviting interested stakeholders to make submissions on the varied undertaking by 26 October 2023. The ACCC did not receive any submissions to the consultation paper.