On 11 September 2014, the ACCC announced that TPG Limited’s plans to connect large apartment buildings in metropolitan areas to its existing fibre networks and to use FTTB technology to supply high speed broadband services to residents of those buildings are not in breach of the "NBN level playing field provisions" in theTelecommunications Act 1997 (Cth).
The provisions prohibit the use of non NBN networks to supply high speed broadband services to small business or residential customers, unless the network operator supplies on a wholesale basis only and is subject to open access obligations. However, the provisions do not catch a network capable of being used to supply high speed broadband services to small business or residential customers as at 1 January 2011, provided that the 1 January 2011 network footprint is not extended by more than a kilometre. The ACCC found that TPG Limited's networks were capable of supplying superfast carriage services to small business or residential customers at 1 January 2011, and that TPG is not extending the footprint of these networks by more than one kilometre.
The media release can be found here.