ACCC’s involvement in the NBN

With the arrival of the government’s NBN plans – back in early 2009 – and the change in management at Telstra the ACCC has taken more of a backseat position in the current debate. 

However that is not to say that the ACCC’s involvement is diminishing. On the contrary, behind the scenes the ACCC is actively involved in all the discussions about the regulatory frameworks that are currently being debated. 

If anything, the ACCC’s role will increase rather than decrease. 

Within the current proposed legislation the Minister has significant discretionary powers in relation to the governance of the new network. This made sense during the previous (and still current) regulatory regime, where the ACCC had limited powers and was confronted with the ongoing delaying tactics that were possible, given the self-regulatory nature of that environment. 

With the new NBN plans, and with a change in management at Telstra, we are already seeing a far less confrontational Telstra – in principle at least the company has agreed to work with the government towards the NBN, and Telstra is also taking a very positive role in the Communications Alliance in developing the new environment for the NBN. 

With these positive developments underway we also might be able to put as much as possible of the future regulatory activities under the control of the ACCC, rather than under the Minister (or the Department). This, of course, would make the regulatory environment far less political and make future developments more business-oriented. 

Obviously, as long as there is no agreement between Telstra and the government each party will play their cards very close to their chest; but at least there is a good chance that in the future the debate will slowly start moving away from the government and towards the ACCC. 

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