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

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 at the consumer’s premises has been unsuccessful; or

(b) the migration at the consumer’s premises has been successful, but the consumer’s NBN service is not operational,

(the relevant day) and the consumer’s NBN service is still not operational, the NBN CSP must within 2 working days, prepare a plan directed at ensuring that the consumer is provided with an operational NBN service as soon as possible.

(3) Subsection (2) does not apply where:

(a) the NBN CSP has provided the consumer with all of the information referred to in subsection (5) during the period of 23 working days from the occurrence of the events described in either paragraphs (2)(a) or (2)(b), whichever is applicable; and

(b) the information referred to in paragraph (a) continues to be accurate at the end of the relevant day.

(4) Where a plan is prepared by an NBN CSP in accordance with the requirement in subsection (2), the NBN CSP must send a copy of the plan to the consumer within 2 working days of its being prepared.

(5) A plan mentioned in subsection (2) must contain the following minimum requirements:

(a) if a consumer requests information about the cause of the problem with the NBN service – a diagnosis of the issue that has caused the NBN service to be not operational;

(b) if a consumer requests information about how the issue will be remediated – the steps required to remediate the issue and establish an operational NBN service;

(c) the timeframe for completing the required remedial work;

(d) any compensation that will be offered to the consumer; and