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 Infrastructure in New Developments
- The Australian Government has published a detailed 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 new Telecommunications Infrastructure 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 Infrastructure 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.
Infrastructure Provider of Last Resort (IPOLR) in new developments
- Developers are entitled to choose any telecommunications carrier to service their development.
- The IPOLR policy means that, regardless of where the developer chooses to locate their development, at least one party must provide the developer with a commercial offer for telecommunications services.
- Under the Telecommunications Infrastructure in New Developments Policy, the IPOLR falls to either Telstra or nbn:
- nbn is the IPOLR in larger new developments (100 lots or more), regardless of whether the nbn™ access network has started rolling out in an area.
- Telstra is the IPOLR for smaller developments (less than 100 lots), until the nbn™ access network rollout commences in a community. Generally speaking, this milestone is triggered when the nbn™ online rollout map is updated to reflect construction has commenced (brown shading). To find out if nbn is the IPOLR for your address, please contact us or if you are ready to connect to the nbn™ access network, submit an application using the pre-qualification online tool.
- The scope of Telstra’s IPOLR obligation relates to the provision of a Standard Telephone Service, not broadband/internet.
- 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. Our account management team will contact the developer within five working days to discuss the application. nbn asks that developers apply at least six months before your required service date to ensure the network can be connected in time for your new residents.
- If nbn (acting as the IPOLR) 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.
Current at 1 July 2020
Your experience, including the speeds actually achieved over the nbn™ network, depends on the nbn™ access network technology and configuration over which services are delivered to your premises, whether you are using the internet during the busy period, and some factors outside nbn’s control (like your equipment quality, software, broadband plan, signal reception and how your service provider designs its network). Speeds may also be impacted by the number of concurrent users on the nbn™ Fixed Wireless network, including during busy periods. Satellite end customers may also experience latency.
Although most existing services will be replaced by the nbn™ access network, there are some services that should not be impacted. These include those services provided over non-nbn™ fibre networks, some services in some apartment complexes, and some business and Special Services. nbn strongly recommends you contact your current phone and internet provider as soon as possible to find out if your services are impacted. You can also find out more at nbn.com.au/switchoff.