Regulated fibre providers can apply for exemptions from, or modifications to, information disclosure (ID) requirements. Here you will find some guidance about the exemption process and any exemptions granted.
There may be occasions where a provider assesses that it is not able to reasonably comply with part of the ID requirements, and/or it is able to disclose alternative information that continues to allow the purpose of ID regulation to be met. In these circumstances, a provider may apply to us for an exemption from the ID requirement.
The Commission does not generally offer advice on whether a provider should apply for an exemption; providers should make this decision themselves.
The request should include sufficient information to enable the Commission to make a decision, including:
the ID requirements from which an exemption is sought
the reasons why the provider considers that it cannot reasonably comply with the ID requirements
the period for which an exemption is sought
an assessment of the impact of the proposed non-compliance on consumers and other parties potentially affected by the exempted disclosure
the provider’s view on how the purpose of ID will continue to be able to be met, despite the granting of the exemption.
The time it takes to process an exemption request depends on the nature and complexity of the application and relevant circumstances, the sufficiency of the supporting information provided by the provider, and the resources available within the Commission when you apply. Providers should allow us sufficient time to process the application. As a general guide, it is suggested that providers apply at least 2 months in advance of the relevant disclosure due date.
Consideration of exemption applications
Exemptions are granted prospectively on a case by case basis; approval of an exemption in the past does not necessarily create a precedent for future approvals. Submission of an application does not guarantee it will be approved and providers should allow time to make alternative arrangements if the exemption request is denied.
In our assessment of an exemption application, the matters we have regard to include:
the reasons why a supplier considers that it is unable to reasonably comply with the ID requirements
any alternative disclosures proposed by the supplier
the extent to which the purpose of ID regulation would still be met if the exemption were granted (including if any alternative disclosures are required or other conditions imposed).
Exemptions granted by the Commission
Exemptions granted to fibre providers are available below. We generally do not publish declined exemption requests.
