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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