ACCAN has made a submission to the Australian Competition and Consumer Commission (ACCC) Facilities Access Code consultation.

The discussion paper asked whether improvements could be made to the code which provides a process for carriers to access each other’s infrastructure, co-locate equipment and co-build facilities in order to reduce the cost of providing services and protecting community amenity through duplication of infrastructure. The code also provides voluntary consultation and negotiation processes for carriers as well as a framework for dispute resolution in the event that they cannot agree on access arrangements.

Although the code has been largely successful in promoting co-location and reducing duplication, there are indications that in regional areas it has been less effective. There are also some indications that carriers may have incentives to preclude access or co-location where there are commercial advantages to doing so.

ACCAN made the following key points:

• The code is essential to promoting greater co-location, and continues to benefit consumers through lower service costs and greater visual amenity;
• The provisions of the code should be made mandatory to ensure that co-location and co-building is promoted more effectively;
• That modifications be made to the code to promote greater co-location through public notice requirements when a carrier seeks to build a facility;
• That modifications be made to the code to require sharing of designs in the pre-build phase so that facilities can be built to meet the requirements of co-locating carriers.

Download:  ACCC FAC Consultation111.26 KB
Download:  ACCC FAC Consultation621.21 KB