Clarification of the Deeds of the LFC Open Access Undertakings for Fibre Services
This page was updated2 years ago
The Commission has received a joint application for clarification under section 156AN of the Telecommunications Act 2001 (Act) from the following local fibre companies (LFCs):
Enable Networks Limited
Ultrafast Fibre Limited
Northpower Fibre Limited
Northpower LFC2 Ltd.
The applicants’ request concerns their respective Deeds of Open Access Undertakings for Fibre Services, which were entered into with the Crown pursuant to section 156AD of the Act. The Deeds provide for various matters relating to the Government’s ultrafast broadband initiative (UFB Initiative), including the supply of unbundled services, non-discrimination and equivalence of supply.
The proposed clarification would amend the definition of “Network” in the Deeds so that it becomes consistent with the scope of Part 4AA of the Act.
The Commission provisionally considers that the proposed clarification addresses an ambiguity within the text of the Deeds, and that the clarification is not material.
Accordingly, the Commission’s preliminary view is that the clarification request should be approved and that the Deeds should be amended accordingly.
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