Schedule 1
DISCONNECTION PROTOCOLS
Contents
1.Interpretation
1.1References
1.2Extension of time
1.3Replacement or modifications of Telstra systems
1.4Expiry of Disconnection Protocols
1.5Related Entities
1.6Determining the Disconnection Date for a Rollout Region
1.7Secondary Disconnection Date proposals
1.8Proposal to permanently vary the arrangements for Disconnection Dates
2.Provision of Copper Services, HFC Services and INTERIM SERVICES
2.1Provision of services up to Disconnection Date
2.2No restriction outside the Fixed Line Footprint
2.3Use of Copper Network and HFC Network within the Fixed Line Footprint after the Disconnection Date
2.4Provision of Interim Services after the Disconnection Date
2.5REDACTED
3.DISCONNECTION
3.1Obligation of Telstra to Disconnect
3.2In-Train Order Premises and Late Premises
3.3Premises added to the Fixed Line Footprint after the Region Ready For Service Date
3.4Premises not Passed as at the Disconnection Date
3.5Concurrent Disconnection
3.6[Not used]
3.7Material Adverse Customer Impact – Extension of Disconnection Date for a Rollout Region
3.8[Not used]
3.9Expiry of Disconnection obligations
4.Disconnection Conditions
4.1Path Disconnection conditions for Telstra Copper Paths
4.2Line Disconnection conditions for HFC Lines
4.3Special Service Enabled conditions for Exempt Copper Services
4.4Interim Fibre Disconnection Conditions
4.5Interim Wireless Disconnection Conditions
4.6Authorisation
5.Not USED
6.LIMITED RIGHTS TO USE Copper Network and HFC Network AFTER THE DISCONNECTION DATE
6.1Temporary Special Services
6.2Contracted Special Services
6.3Permitted Services
6.4Copper Network Management Services and HFC Management Services
6.5Disconnections prevented by law
7.REDACTED
8.RECONNECTION BY TELSTRA
8.1Right of Telstra to Reconnect Unavailable Premises
8.2Disconnection after the end of a Material Unavailability of the NBN
8.3Right of Telstra to Reconnect permanently
8.4Right of Telstra to Reconnect for a limited period
8.5Disconnection after Reconnection in accordance with clause 8.4
8.6Costs of Reconnection
8.7REDACTED
9.REDACTED
9.1REDACTED
9.2REDACTED
9.3REDACTED
10.MDU COMMON AREAS
10.1Interpretation of this clause 10
10.2REDACTED
10.3Disconnection of MDU Common Areas
10.4REDACTED
Annexures
1ANot Used
1BTemporary Special Services – Retail Direct Special Services
1CTemporary Special Services – Wholesale Direct Special Services
1DREDACTED
1ECustomer Certification and Verification of ULLS Based Special Services
OPERATIVE PROVISIONS
- Interpretation
- References
In these Disconnection Protocols, unless otherwise specified, a reference to a clause or paragraph is a reference to a clause or paragraph in these Disconnection Protocols.
1.2Extension of time
Extensions of time are permitted under clauses in these Disconnection Protocols and also under other clauses of the Subscriber Agreement.
1.3Replacement or modifications of Telstra systems
If a Telstra database or system is modified or replaced, then a replacement status equivalent to the existing status may be used. Telstra will notify NBN Co of such replacement status as soon as reasonably practicable and, in any event, at least three months before Telstra implements the modified or replacement system.
1.4Expiry of Disconnection Protocols
(a)The obligations under these Disconnection Protocols (other than under clause 9) expire upon the occurrence of a Permanent Cessation of Operations.
(b)The obligations under clause 9 expire upon the delivery by Telstra of reports under clause 9 in respect of the two Quarter Ends following a Permanent Cessation of Operations.
1.5Related Entities
If Telstra is entitled to provide a Copper Service, HFC Service orInterim Serviceor an NBN Based Service (or, for the avoidance of doubt, a Copper Network Management Service, HFC Management Serviceor Permitted Service)under these Disconnection Protocols, a Related Entity of Telstra may also provide that service in the relevant circumstances (and, to avoid doubt, subject to the relevant restrictions applicable to Telstra under these Disconnection Protocols).
1.6Determining the Disconnection Date for a Rollout Region
Subject to clauses1.7 and 1.8, the Disconnection Date for a Rollout Region is determined as follows:
(a)inthe case of an Initial Release Rollout Region or an Acquired Network Rollout Region the Disconnection Date is:
(i)where the Disconnection Commencement Date for that Initial Release Rollout Region or Acquired Network Rollout Region is on or before the RestatementDate, the date which is 18 months after the Disconnection Commencement Date for that Initial Release Rollout Region or Acquired Network Rollout Region; or
(ii)where the Disconnection Commencement Date for that Initial Release Rollout Region or Acquired Network Rollout Region is after the RestatementDate, the first date which is:
(A)the second Friday of a month; and
(B)at least 18months after the Disconnection Commencement Date for that Initial Release Rollout Region or Acquired Network Rollout Region; or
(b)in the case of a Service Continuity Rollout Region the Disconnection Date is the first date which is:
(i)the second Friday of a month; and
(ii)at least 12 months after the Region Ready For Service Date for that Rollout Region,
or such other date as is otherwise agreed by NBN Co and Telstra; or
(c)in the case of any other Rollout Region the Disconnection Date is:
(i)where the Region Ready For Service Date for that Rollout Region is on or before the RestatementDate, the date which is 18 months after the Region Ready For Service Date for that Rollout Region; or
(ii)where the Region Ready For Service Date for that Rollout Region is after the Restatement Date, the first date which is:
(A)the second Friday of a month; and
(B)at least 18months after the Region Ready For Service Date for that Rollout Region.
1.7Secondary Disconnection Date proposals
(a)Subject to clauses1.7(b), 1.7(c) and 1.7(d), if either party reasonably anticipates that it will experience logistical and operational difficulties in a particular month because of the volume of Disconnection Dates for all Rollout Regions falling in that month, that party may propose to the other party that the Disconnection Date for some of those Rollout Regions will bethe fourth Friday of the same month in which the Primary Disconnection Date occurs (Secondary Disconnection Date). A proposal under this clause1.7(a) must specify for all Rollout Regions with a Primary Disconnection Date falling in that month, whether the Primary Disconnection Date or the Secondary Disconnection Date is proposed to apply to each Rollout Region.
(b)A party may only make a proposal under clause 1.7(a) in respect of a Rollout Region to which clause 1.6(a)(ii) or 1.6(c)(ii) applies.
(c)A party must not make a proposal under clause 1.7(a) that would result in more than 75% or less than 25% of the Rollout Regions with the same Primary Disconnection Date having a Disconnection Date that is the Secondary Disconnection Date.
(d)Once a proposal is made by a party in respect of a Rollout Region under clause 1.7(a), the other party may not make a proposal in relation to that Rollout Region under clause 1.7(a) unless the first party has notified the other party that it has withdrawn its proposal.
(e)The party making a proposal and notifying the other party of this proposalunder thisclause 1.7must act reasonably in making and notifying that proposal, including by providing details of the relevant logistical and operational difficulties that the party anticipates that it will experience, having regard to any impact on Subscribers in a Rollout Region specified in the proposal resulting from the matters referred to in clause 1.7(a) and considering any feedback (including as to the distribution of Rollout Regions between the Primary Disconnection Date and the Secondary Disconnection Date in a month) provided by the other party within 20 Business Days of the other party receiving the proposal.
(f)If a party makes a proposal in respect of a Rollout Region under clause 1.7(a) it mustnotify the other party at least:
(i)20 Business Days after making such a proposal; and
(ii)9 months prior to the Primary Disconnection Date for that Rollout Region,
of its final determination that the Disconnection Date for that Rollout Region will be the Primary Disconnection Date or the Secondary Disconnection Date, in which circumstances that determination will bind both parties andthe Disconnection Date for that Rollout Region will be that Primary Disconnection Date or Secondary Disconnection Date as notified.
(g)If clause3.7 applies, the Disconnection Date of a Rollout Region is the date determined in accordance with clause3.7, and not the Disconnection Date determined under clause1.6 or this clause1.7.
1.8Proposal to permanently vary the arrangements for Disconnection Dates
(a)Either party may propose to the other party to vary the arrangements under clauses 1.6 and 1.7 on an ongoing basis (a Disconnection Date Proposal), provided that the Disconnection Date of each Rollout Region under any varied arrangements must always be a date which is:
(i)on or after the date that is 18months; and
(ii)on or before the date that is 20months,
after the Disconnection Commencement Date or Region Ready For Service Date (as applicable) for the relevant Rollout Region.
(b)Within 10 Business Days of a party receiving the Disconnection Date Proposal from the other party, the parties must meet and consider the Disconnection Date Proposal and whether to adopt it.
(c)If the parties do not agree to the Disconnection Date Proposal within 30 Business Days of a party receiving the Disconnection Date Proposal from the other party, either party may escalate the matter to the Heads of Operations. If the Heads of Operations cannot agree to the Disconnection Date Proposal, the originally scheduled Disconnection Date for any relevant Rollout Region does not change.
(d)The Disconnection Date of a Rollout Region cannot be changed under a Disconnection Date Proposal unless the Disconnection Date Proposal is agreed by the parties before the date that is at least 9months prior to the originally scheduled Disconnection Date of that Rollout Region.
(e)This clause1.8 does not limit either party’s rights to raise a Dispute at any time.
- Provision of Copper Services, HFC Services and INTERIM SERVICES
- Provision of services up to Disconnection Date
(a)Subject to clause 2.1(b) and 10.3, Telstra may provide Copper Services, HFC Services and Interim Services, and NBN Based Services (and for the avoidance of doubt, Copper Network Management Services, HFC Management Services and Permitted Services) to Premises in the Fixed Line Footprint in a Rollout Region up to and including the Disconnection Date for that Rollout Region.
(b)After the Region Ready For Service Date or Disconnection Commencement Date (as applicable) for a Rollout Region, once a Premises in the Fixed Line Footprint in that Rollout Region is Disconnected, Telstra must not provide to that Premises any Copper Service, HFC Service or Interim Service except to the extent that Telstra is expressly permitted to do so under the rest of these Disconnection Protocols.
(c)Without limiting any other right or obligation under these Disconnection Protocols, Telstra may cease to supply a Copper Service:
(i)in respect of which Telstra does not derive revenue; and
(ii)which is limited to the making of outgoing calls to an emergency call person (as defined under the Telecommunications Act) using an emergency service number (as defined in the Telecommunications Act) to request an emergency call service (as defined in the Telecommunications Act) (including, if applicable, the '106 Teletypewriter Service' for emergency calls (providing emergency call access via the 'National Relay Service')), to the '1100 Dial Before You Dig' service, to Telstra customer service and to fault reporting telephone numbers (including selected network test numbers),
to a Premises within the Fixed Line Footprint in a Rollout Regionin the 5 Business Day period immediately preceding and at any time after the Region Ready For Service Date but prior to the date that Telstra is required to Disconnect or Special Service Enable that Premises under these Disconnection Protocols.
2.2No restriction outside the Fixed Line Footprint
There is no restriction on what products or services Telstra may provide to Premises that are not within the Fixed Line Footprint.
2.3Use of Copper Network and HFC Network within the Fixed Line Footprint after the Disconnection Date
After the Disconnection Date for a Rollout Region, subject to clause 10.3, Telstra may provide only the following Carriage Services over the Copper Network or HFC Network to Premises within the Fixed Line Footprint in that Rollout Region:
(a)Copper Services and HFC Services which Telstra is expressly permitted to provide under clause 3.2(c)(i) or 3.2A(c)(i) but only until the date specified in clause 3.2(c)(ii) or 3.2A(c)(ii) (as relevant);
(b)Copper Services and HFC Services which Telstra is expressly permitted to provide under clause 3.2(d)(i) but only until the date specified in clause 3.2(d)(ii);
(c)Copper Services and HFC Services which Telstra is expressly permitted to provide under clause 3.3(a)(iv) but only until the date specified in clause 3.3(a)(v);
(d)[not used] ;
(e)Special Services which Telstra is expressly permitted to provide under clauses 6.1 or 6.2 for so long as Telstra is expressly permitted to do so under clauses 6.1 or 6.2 (as applicable);
(f)Permitted Services which Telstra is expressly permitted to provide under:
(i)clause 6.3(a)(i); and
(ii)clause 6.3(a)(ii),
in each case for so long as Telstra is expressly permitted to do so under clause 6.3(b);
(g)services which Telstra is expressly permitted to provide under clause6.4;
(h)Copper Services and HFC Services which Telstra is expressly permitted to provide under clause 6.5(a) but only until the date specified in clause 6.5(b);
(i)Copper Services and HFC Services which Telstra is expressly permitted to provide under clause 8 after Reconnection for so long as Telstra is expressly permitted to do so under clause 8; and
(j)NBN Based Services.
2.4Provision of Interim Services after the Disconnection Date
(a)After the Disconnection Date for a Rollout Region, subject to clause 2.4(b) and 10.3, Telstra may only provide the following Interim Services over an Interim Network to Premises in the Fixed Line Footprint in that Rollout Region:
(i)Interim Services which Telstra is expressly permitted to provide under clause 3.2(c)(i)or 3.2A(c)(i) but only until the date specified in clause 3.2(c)(ii) or 3.2A(c)(ii) (as relevant);
(ii)Interim Services which Telstra is expressly permitted to provide under clause 3.2(d)(i) but only until the date specified in clause 3.2(d)(ii);
(iii)Interim Services which Telstra is expressly permitted to provide under clause 3.3(a)(iv) but only until the date specified in clause 3.3(a)(v);
(iv)Interim Services which Telstra is expressly permitted to provide under clause 6.5(a) but only until the date specified in clause 6.5(b); and
(v)Interim Services which Telstra is expressly permitted to provide under clause8 after Reconnection for so long as Telstra is expressly permitted to do so under clause 8.
(b)REDACTED
2.5REDACTED
- DISCONNECTION
- Obligation of Telstra to Disconnect
(a)On or before the Disconnection Date for a Rollout Region (or, for the Premises in respect of which Telstra is expressly permitted to provide Copper Services, HFC Services or Interim Services under clauses 3.2(c)(i), 3.2(d)(i), 3.2A(c)(i) or3.3(a)(iv), the date determined under clauses 3.2(c)(ii), 3.2(d)(ii), 3.2A(c)(ii) or3.3(a)(v) (as applicable)), Telstra must (subject to clauses 6.4, 6.5,8 and 10.3)Special Service Enable each Premises in the Fixed Line Footprint in that Rollout Region in respect of which Telstra is expressly permitted to provide Special Services in accordance with clauses 6.1 or 6.2 and in fact provides such Special Services as at the Disconnection Date for that Rollout Region (or, for the Premises in respect of which Telstra is expressly permitted to provide Copper Services, HFC Services or Interim Services under clauses 3.2(c)(i), 3.2(d)(i), 3.2A(c)(i) or 3.3(a)(iv), as at the date determined under clauses 3.2(c)(ii), 3.2(d)(ii), 3.2A(c)(ii) or 3.3(a)(v) (as applicable)).
(b)On or before the Disconnection Date for a Rollout Region (or, for the Premises in respect of which Telstra is expressly permitted to provide Copper Services, HFC Services or Interim Services under clauses 3.2(c)(i), 3.2(d)(i), 3.2A(c)(i) or 3.3(a)(iv), the date determined under clauses 3.2(c)(ii), 3.2(d)(ii), 3.2A(c)(ii) or3.3(a)(v) (as applicable)), Telstra must (subject to clauses 6.4, 6.5,8 and 10.3) Disconnect each Premises in the Fixed Line Footprint in that Rollout Region other than those Premises referred to in clause 3.1(a).
(c)Each time after the Disconnection Date for a Rollout Region that Telstra was but ceases to be expressly permitted by clauses 6.1, 6.2 or 6.5 to provide a Carriage Service to a Premises in the Fixed Line Footprint in that Rollout Region then Telstra must (subject to clauses 6.4, 6.5 and 8), by no later than the date specified in clauses 6.1(e), 6.2(b) or 6.5(b) (as applicable):
(i)if Telstra is expressly permitted to provide any Special Service to that Premises (other than the Carriage Service it is no longer expressly permitted to provide) in accordance with clauses 6.1 or 6.2, Special Service Enablethat Premises; and
(ii)in any other case, Disconnect that Premises.
(d)Subject to clauses 6.1, 6.2, 6.4, 6.5 and 8, Telstra must ensure that from the date that a Premises is Disconnected under this clause3.1, that Premises remains Disconnected.
(e)Subject to clauses 3.1(c), 6.1, 6.2, 6.4, 6.5 and 8, Telstra must ensure that from the date that a Premises is Special Service Enabled under this clause3.1, that Premises remains Special Service Enabled.
(f)If a Premises in the Fixed Line Footprint in a Rollout Region has no Telstra Copper Path, HFC Line, Interim Fibre Path or Interim Wireless Path at any time on and from the Service Determination Date for the Premises until the Disconnection Date for the Rollout Region in which that Premises is located, then that Premises is deemed to be Disconnected on that Disconnection Date.
3.2In-Train Order Premises and Late Premises
(aa)Clauses 3.2(a), 3,2(b), 3.2(c), 3.2(e) and 3.2(f) do not apply to Rollout Regions with a Disconnection Date occurring in calendar year 2015 and clause 3.2A applies to those Rollout Regions instead.
(Categories of In-Train Order Premises)
(a)In respect of a Premises, if:
(i)(category 1) a valid and serviceable order for the provision to an NBN Customer of an NBN Service to that Premises has been received by NBNCo before the Disconnection Date for the Rollout Region in which that Premises is located and that Premises is not NBN Connected as at the Disconnection Date;
(ii)(category 2) it becomes NBN Connected within one month before the Disconnection Datefor the Rollout Region in which that Premises is located;
(iii)(category 3) a valid and serviceable order for the provision to an NBN Customer of an NBN Service to that Premises has been received by NBNCo between the Disconnection Date for the Rollout Region in which that Premises is located and that date which is 25 Business Days after the Disconnection Date (both dates inclusive); or
(iv)(category 4) that Premises:
(A)is NBN Connectedas at the Disconnection Date;
(B)a valid and serviceable order for the provision to an NBN Customer of one or more additional NBN Services to that Premises has been received by NBN Co before the Disconnection Date for the Rollout Region in which that Premises is located; and
(C)any order referred to in clause 3.2(a)(iv)(B) has not:
(I)resulted in a commercial wholesale NBN Service being provided in respect of that order to the Premises as at the Disconnection Date; or