Document ID: chunk:federal_register_of_legislation:F2020C01083:reg:14:p1
Version: federal_register_of_legislation:F2020C01083
Segment Type: reg
Provision Reference: reg 14 (pt 1/5)
Character Range: 23520–26322

14  Line capability assessment of next-generation NBN broadband services

(1) This section applies to NBN services that are next-generation NBN broadband services.

(2) As soon as practicable, and in any event within 20 working days, after a next-generation NBN broadband service becomes operational the NBN CSP supplying the service must either:

           (a) confirm the maximum attainable speed of the service identified in the line capability data relating to the service; or

           (b) perform, or arrange for the performance of, line capability testing in relation to the service.

(3) If the line capability data referred to in paragraph (2)(a) or the line capability testing referred to in paragraph (2)(b) indicates that the part of the network unique to the consumer is not capable of providing the applicable speed, then the NBN CSP must, as soon as practicable, and in any event within 5 working days, advise the consumer:

           (a) of the maximum attainable speed of the part of the network unique to the consumer; and

           (b) if there is a lower speed tier plan offered by the NBN CSP, that they may, at no cost, move to a lower speed tier plan at a lower price that reflects the maximum attainable speed; and

           (c)  that they are free to exit the consumer contract which the NBN CSP has entered into with the consumer, without cost.

 (4) Nothing in this section precludes the NBN CSP and the consumer agreeing to another remedy.

Part 5 – Other consumer protections in relation to NBN services

   15  Circumstances where an NBN CSP must not charge a consumer for an NBN service

(1) An NBN CSP must not charge a consumer for an NBN service unless:

           (a) the service is operational; and

           (b) in relation to a next-generation NBN broadband service, either:

              (i) the maximum attainable speed identified in the line capability data relating to the service under paragraph 14(2)(a) or the line capability testing under paragraph 14(2)(b) indicates that the part of the network unique to the consumer is capable of providing the applicable speed; or

              (ii) 10 working days have passed since the NBN CSP advised the consumer of the matters set out in subsection 14(3) and the consumer has not requested that the NBN CSP provide an available remedy.

(2) An NBN CSP does not contravene subsection (1) if it promptly provides a refund or credit to a consumer for an amount specified in a bill issued to the consumer for the NBN service.

   16  Requirements where there is unreasonable delay in the supply of an operational NBN service

       (1)          This section applies where section 8 applies.

       (2)          If, at 23 working days after the NBN CSP becomes aware that:

           (a) the migration