Part 2Requirements to minimise disruption to the supply of carriage services to consumers for all migrations in ready for service areas

Part 2—Requirements to minimise disruption to the supply of carriage services to consumers for all migrations in ready for service areas

7 NBN CSPs must take all reasonable steps to manage migration

(1) An NBN CSP must take all reasonable steps to manage the migration at a consumer’s premises in order to minimise disruption to the continuous supply of carriage services to the consumer and expedite the supply of an operational NBN service to the consumer.
(2) Where the migration at the consumer’s premises is a parallel migration:
(a) the NBN CSP must not disconnect (or request the disconnection of) the consumer’s legacy service until post-migration testing results indicate that the consumer’s NBN service is operational; and
(b) where the NBN CSP is not the legacy CSP:

(i) the NBN CSP must inform the consumer that they should not request their legacy CSP to disconnect the legacy service prior to the consumer having assured themselves that the NBN service is operational; and

(ii) the legacy CSP must not disconnect (or request the disconnection of) the consumer’s legacy service unless it has been requested to do so by the consumer.

(3) Subsection (2) does not apply where:
(a) the consumer’s legacy service is disconnected as part of a port of the consumer’s telephone number to the NBN service;
(b) the consumer has requested the disconnection of their legacy service by the NBN CSP (who is also the consumer’s legacy CSP) prior to migration at the consumer’s premises; or
(c) the NBN CSP (who is also the consumer’s legacy CSP) has disconnected the consumer’s legacy service for a valid reason.
(4) For paragraph (3)(b), a consumer must have expressly requested disconnection of their legacy service and not as part of a standard form of agreement formulated by a carriage service provider for the purposes of section 479 of the Act.

8 NBN Co must take all reasonable steps to manage migration

(1) NBN Co must take all reasonable steps to manage the migration at a premises in a way that minimises disruption to the continuous supply of carriage services to the consumer.
(2) Without limiting subsection (1), reasonable steps taken by NBN Co include that it must:
(a) not advise an NBN CSP, legacy CSP or legacy network carrier that the migration at the consumer’s premises is complete until it has taken all reasonable steps to ensure that successful migration at the premises has occurred; and
(b) where the migration at the consumer’s premises has been unsuccessful – take all reasonable steps to notify the consumer’s NBN CSP that migration to the NBN service has not been successful, within one working day of becoming aware of that fact
.