Telecommunications policies

These telecommunications policies help to provide guidance on the provision of the telecommunications infrastructure in Australia.

Statutory Infrastructure Provider

• The Australian Government’s Statutory Infrastructure Provider regime enforces a legislative requirement on NBN Co and other wholesale network carriers to connect premises to their network(s) and supply wholesale broadband services on reasonable request to end users via their Retail Service Provider. The obligations for Statutory Infrastructure Providers are set out in the Telecommunications Act 1997.
• NBN Co is the Statutory Infrastructure Provider for all areas that have been declared nbn™ Ready For Service. Once the nbn™ broadband access network has been declared by the Minister for Communications as built and fully operational, NBN Co will be the default Statutory Infrastructure Provider for all of Australia, except in those geographic areas where an alternative carrier has been declared the Statutory Infrastructure Provider by the Minister.
• Each month, NBN Co declares which rollout areas have become nbn™ Ready For Service for the purposes of the regime. For an up-to-date view of all carriers with Statutory Infrastructure Provider obligations under the Telecommunications Act 1997 and for which carrier is the Statutory Infrastructure Provider at a particular address, please visit the Australian Communications and Media Authority (ACMA) website.
• In all areas where NBN Co is the Statutory Infrastructure Provider, NBN Co will connect a premises to the nbn™ broadband access network upon reasonable request from a Retail Service Provider, subject to some legal, environmental and technical limitations. You can learn more in our Connection Approvals Policy.
• A connection to the nbn™ broadband access network under the Statutory Infrastructure Provider regime will be subject to Connection Terms and Conditions that relate specifically to the connection of the nbn™ infrastructure to the premises. These Connection Terms and Conditions are separate to the Supply Arrangements that set out our terms of supply in accordance with Part XIC of the Competition and Consumer Act 2010.  
• The Connection Terms and Conditions are also separate to NBN Co’s New Developments program and do not apply to new developments. For customers and developers seeking more information about connecting a New Development, you can visit NBN Co's New Developments page. Please be aware that the terms and conditions for Telecommunications Infrastructure in New Developments will apply. These terms meet specific criteria which is guided by the Australian Government’s Telecommunications Infrastructure in New Developments Policy.
• For customers seeking information about connecting specific nbn™ infrastructure to a home or business that is already connected to the nbn™ broadband access network, NBN Co’s Technology Choice Program provides an option to pay for a change to the nbn™ access technology at your premises (residential or business).

NBN Co Statement of Expectations (SoE)

• The Australian Government’s Statement of Expectations is to ensure that all Australians have access to fast* broadband with peak wholesale download data speeds of at least 25Mbps*, and at least 50Mbps* for 90 per cent of Fixed Line premises. NBN Co is working to support this objective through the completion of the nbn™ broadband access network by 2020. For more information on the purpose of the nbn™ access network, read the Government’s Statement of Expectations.

Universal Service Obligation (USO)

• Telstra has a Universal Service Obligation (USO) to ensure standard telephone services and payphones are reasonably accessible to all people in Australia on an equitable basis, wherever they work or live. The current USO does not include broadband or internet services.

Migration Assurance Policy

• The nbn™ access network is an open access, national wholesale telecommunications network. The nbn™ access network will replace existing copper networks and some HFC (Hybrid Fibre Co-Axial) networks, which will progressively shut down as the nbn™ Fixed Line network is rolled out.^ Most homes and businesses using these copper and HFC networks in nbn™ Fixed Line roll out areas will need to move to the nbn™ access network (or another network) to maintain landline phone and internet services.^
• The Government’s Migration Assurance Policy has been developed in conjunction with NBN Co, Telstra, and the industry, featuring a policy statement and framework that sets out who is involved in the migration process, and what they need to do to support the transition of services.

Telstra Cease Sale Provision

• Most services over Telstra’s existing copper and HFC networks will cease to be offered once the nbn™ access network becomes available at a premises in nbn™ Fixed Line areas. 
• Telstra’s Migration Plan requires Telstra to cease supplying most types of new copper and HFC services to premises that are serviceable by nbn after the Cease Sale Commencement Date for an area. Generally, this date occurs ten business days after the area is classified as ‘ready for service’ by nbn.
• Premises in nbn™ Fixed Wireless or Sky Muster™ satellite areas can choose to maintain their existing services over the copper network.

Telecommunications in New Developments Policy

• The Australian Government has published a policy on the provision of telecommunications infrastructure for new developments. It details what you should do if you are a new home buyer or developer – to ensure your development has timely access to modern broadband and phone services.
• Under the Telecommunications in New Developments Policy, developers are responsible for contributing to the cost of delivering telecommunications infrastructure to a new development.
• To support the roll out of telecommunications in new developments, Part 20A of the Telecommunications Act and associated rules requires developers to provide ‘fibre ready facilities’ in each building unit or lot in a new real estate development.
• Under the Telecommunications in New Developments Policy, the standard notice period to a carrier is six months (180 calendar days) prior to the development’s estimated first occupancy date. Six months is the minimum notice developers must give and the maximum notice carriers can ask for – parties are entitled to agree to alternative arrangements if it suits them.

Default infrastructure provider 

• Developers are entitled to choose any telecommunications carrier to service their development.
• nbn is the default infrastructure provider for broadband, Australia wide. This means that regardless of where the developer chooses to locate their development, nbn must provide the developer with a commercial offer for telecommunications services.
• Telstra is obliged to provide a voice service upon reasonable request nationally as part of its universal service obligation (USO). Telstra will generally provide a voice service where required using NBN Co’s infrastructure and wholesale services. Where Telstra does not use NBN Co’s infrastructure, it may need to provide its own infrastructure to supply voice services
• To avoid delays in having a development serviced, we encourage all developers to apply for the nbn™ access network as soon as possible. The first step is to visit www.nbn.com.au/newdevelopments and fill out an online application form. nbn asks that developers  building a small development, such as a sub-dividing a lot into two residential units, allow a minimum of three months’ notice before the required service date to help ensure the network can be connected in time for new residents. For all other developments please allow a minimum of six months’ notice before service connections are required. 
• Please note: nbn will endeavour to achieve these timeframes, but cannot guarantee these timeframes in all cases.
• If nbn acting as the default infrastructure provider is not given sufficient notice to provide telecommunications services, this may result in occupants being without broadband or phone services for longer than they expect.