Document ID: chunk:federal_register_of_legislation:F2024C00033:reg:7:p1
Version: federal_register_of_legislation:F2024C00033
Segment Type: reg
Provision Reference: reg 7 (pt 1/5)
Character Range: 6489–9884

7  Terms of deemed standard functional separation undertaking

       (1)     The corporation will maintain a single wholesale business unit and a single retail business unit, including by:

         (a)   having separate branding for its wholesale business unit and its retail business unit; and

         (b)   in supplying the retail business unit and its other wholesale customers, the wholesale business unit will undertake:

            (i)      network planning functions with equal opportunity for, and consideration of, input from the retail business unit and its other wholesale customers;

            (ii)    the marketing, sale and supply of local access line services to its wholesale customers and prospective wholesale customers;

            (iii) the receipt and processing of orders, service activation and provisioning;

            (iv) processing and implementing requests to churn or for local number portability;

            (v)  line fault detection, handling and rectification;

            (vi) the billing of wholesale customers;

            (vii) the setting of wholesale prices and non-price terms and conditions;

            (viii)responding to all network complaints from the retail business unit and its other wholesale customers; and

            (ix) responding to all service complaints in respect of wholesale information technology systems and applications from the retail business unit and its other wholesale customers.

         (c)   in supplying retail customers, the retail business unit will undertake:

            (i)   the marketing, sale and supply of local access line services to retail customers and prospective retail customers;

            (ii)  the supply of value-added services to retail customers;

            (iii) the taking of service orders from retail customers for activation and provisioning by the wholesale business unit;

            (iv) the billing of retail customers;

            (v)  the setting of retail prices and non-price terms and conditions; and

            (vi) responding to complaints from retail customers.

       (2)     The corporation will maintain arm's length functional separation between the corporation's wholesale business unit and the corporation's retail business unit including by:

         (a) taking measures to ensure that there is physical separation of workers in the corporation's offices so that workers within the:

           (i)     retail business unit are unable to access, engage in, see or overhear the work being conducted in the corporation's wholesale business unit; and

           (ii)  wholesale business unit are unable to access, engage in, see or overhear the work being conducted in the corporation's retail business unit;

         (b) ensuring that any remuneration of workers within the corporation's retail business unit and wholesale business unit that is related to the performance of the corporation is only related to the performance of the particular business unit within which an affected worker is based; and

         (c) ensuring that the corporation's retail business unit and wholesale business unit undertake separate business planning and investment approval processes.

       (3)     The corporation will ensure that:

         (a)   the terms and conditions relating to price or a method of ascertaining price; and

         (b)   other terms and