On 16 December the Government released the Variation of Telstra's Migration Plan: Regulatory Instruments Consultation Paper (Consultation Paper) for public comment on regulatory changes designed to support the shift to a multi-technology mix (MTM) National Broadband Network (NBN). The due date for comments is 7 January 2015.

The Consultation Paper comes after NBN Co earlier in December signed amendments to its commercial agreements with Telstra and Optus that will facilitate the MTM NBN. 

As part of the amended agreements between Telstra and NBN Co, Telstra is required to vary its Migration Plan to outline how it will transition customers to the MTM NBN and then submit this plan to the Australian Competition and Consumer Commission (ACCC) for approval.

The Government will make two new regulatory instruments that set the requirements for the varied migration plan:

  • the Telecommunications (Migration Plan Principles) Determination 2014; and
  • the Telecommunications (Migration Plan - Specified Matters) Instrument 2014.

These instruments are designed to enable Telstra to submit its varied Migration Plan to the ACCC and to guide the ACCC's consideration of Telstra's proposed variation.

Subject to statutory consultation requirements, the Government also intends to introduce the following two carrier licence conditions to provide clarity for industry and ensure a competitive market exists for NBN services:

  • the requirement that Telstra  provide to NBN Co wholesale end-user location identification data for all active copper line and HFC services in an NBN ready for service region where NBN Co requires this information for migration related purposes; and 
  • the requirement that NBN Co share certain information with all access seekers on an equitable basis. 

The media release can be found here. The consultation paper and drafts of the two instruments are available here.