The Australian Competition and Consumer Commission is inviting final comment on the local bitstream access service description as it prepares to regulate the service.
The local bitstream access services will be used to carry digital data on superfast telecommunications networks.
The ACCC today issued a draft final report and draft service description that will be the basis for the declared service when amendments to the Competition and Consumer Act 2010 and Telecommunications Act 1997 commence in the New Year. The service description will not come into formal effect until commencement of the provisions.
The amendments require that the ACCC declare a Layer 2 bitstream service. Declaration is the first step in regulating a telecommunications service. This service will be called the local bitstream access service.
The declaration will mean that wholesale providers of Layer 2 bitstream services that are superfast carriage services will have to provide access to those services to retailers under the standard access obligations in the Competition and Consumer Act. It will not apply to the NBN or to wireless or satellite networks.
"Although the service has not been declared at this stage, the ACCC is moving towards finalising the service description," ACCC chairman Rod Sims said.
"This is a chance for industry to have a final say before the local bitstream access service becomes permanent with no future opportunity for adjustment."
In August, the ACCC issued a discussion paper on the content of the service description. The ACCC has revised the draft service description in light of submissions received.
Once the local bitstream access service description is declared, it does not expire, cannot be varied and cannot be revoked. Within thirty days of the service being declared, the ACCC must commence a public inquiry into the terms of access to the service, including setting a price or method of ascertaining a price for the service.
The draft final report and service description will be available on the ACCC's website at Local Bitstream Access Service (LBAS) declaration - Draft report.
If you wish to provide comments on this service description or the report please provide your comments to Layer2bitstream@accc.gov.au by 5pm on Thursday, 8 December 2011.
The ACCC aims to publish the final service description before the end of the year.