8Minimum requirements — data speeds and online usage

8 Minimum requirements – data speeds and online usage

(1) A key facts sheet must:

(a) if speed tier information is used to describe an NBN consumer plan in its advertising material for that plan, inform consumers that this represents the maximum possible speed that is available during off-peak periods;

(b) where the key facts sheet relates to an NBN consumer plan for a fixed line NBN connection:

(i) state the typical busy period download speed that the average consumer can expect to receive during the busy period under the NBN consumer plan; and

(ii) state the hours over which the typical busy period download speed applies; and

(c) contain information that provides a guide to consumers about the level of online usage the relevant NBN consumer plan can support during the busy period, which includes the following information:

(i) examples of the common online activities that the NBN consumer plan can support;

(ii) the approximate number of people who could participate in the common online activities referred to in subparagraph (i) simultaneously using different devices; and

(iii) for NBN consumer plans with the NBN broadband service speed tier 12/1 (Mbps) or lower - common online activities that are unlikely to be satisfactorily supported due to the low download and upload data speeds; and

(d) where the key facts sheet relates to an NBN consumer plan for a FTTB, FTTC or a FTTN connection - set out what remedies are available to consumers including all those remedies required to be made available under the Telecommunications Service Provider (NBN Service Migration) Determination 2018, if it is established that the physical telecommunications network infrastructure underlying the consumer’s connection to the NBN is not capable of providing the speed tier of the consumer’s NBN consumer plan.

(2) Where a key facts sheet relates to a small business NBN consumer plan for a fixed line NBN connection, a retail carriage service provider can satisfy the requirements in paragraph (1)(b) by:

(a) stating the typical busy period download speed that the average consumer can expect to receive during standard work hours under the small business NBN consumer plan; and

(b) stating the hours over which the typical busy period download speed applies.

(3) Where subsection (2) applies, a retail carriage service provider must provide the information required by paragraph (1)(c) with reference to the level of online usage the relevant NBN consumer plan can support during standard work hours, instead of by reference to the level of online usage the relevant NBN consumer plan can support during the busy period.
(4) A retail carriage service provider may use the typical busy period download speed it has determined in accordance with the Broadband Speed Claims: Industry Guidance as a basis for the information included in its key facts sheet in accordance with paragraph (1)(b) or (2)(a).