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ACCC’s updated broadband speed guidance

The new guidance provides a steer to industry on navigating upgraded wholesale speeds while ensuring consumers are informed about the limitations of their in-home equipment

The regulator updated its advertising guidance for retail providers to reflect concerns around consumers’ in-home equipment

On 4 July 2025, the Australian Competition and Consumer Commission (ACCC) published updated industry guidance for retail service providers on advertising broadband speed claims. The guidance, which was originally published in August 2017, has been revised periodically to reflect changes in the market, such as the expansion of fixed wireless access (FWA) networks in recent years. This latest set of updates is aimed at addressing emerging concerns regarding the marketing of higher speed tier plans using National Broadband Network (NBN) services, particularly in accurately reflecting the limitations of certain underlying technologies and the impacts of older in-home equipment on speed availability. While the ACCC’s guidance is voluntary, the regulator has consistently stated that it considers operators’ efforts to comply with the recommendations included within the guidance when assessing compliance with the Competition and Consumer Act 2010. The guidance also coordinates with the obligations for NBN operators established by the Australian Communications and Media Authority (ACMA) in 2018 that detail the information that must be provided to consumers seeking to purchase NBN-based services.

Retail providers are expected to inform consumers when outdated modems may limit the broadband speeds they are able to access

In its new guidance, the ACCC specifically aims to respond to NBN Co’s announcement that it would be “accelerating” the wholesale speeds offered over its full fibre and cable networks on any plans over 100/20Mbps. As of September 2025, retail service providers and some of their consumers are likely to see speeds improve by between 100-500%, but retail providers and the ACCC identified the possibility that consumer equipment, such as outdated modems, may limit the ability to deliver these improved speeds. As a result, the ACCC updated its guidance to encourage retail providers to inform consumers about the potential for certain in-home equipment to limit the speeds they are able to access. Providers are encouraged to warn consumers that both select to purchase a modem that is incompatible with the speeds offered on their selected plan and that opt to provide their own modem that this equipment will or may not be able to achieve advertised speeds. Additionally, providers should proactively inform consumers of any specific characteristics of their in-home equipment, such as the Wi-Fi standard available or where the modem is located within their premises, that will assist in achieving advertised speeds. In light of NBN Co’s plans, the ACCC also specified that providers should clarify if higher speeds are only available at select locations within their footprint.

The ACCC discourages providers from referencing the speeds needed for specific services, such as video streaming, without being able to substantiate their claims

Beyond its concerns with consumers’ in-home equipment, the ACCC also encouraged providers to refrain from making specific claims about how broadband speed tiers may or may not support certain services unless they can substantiate those claims, such as stating that slower speed plans would not support video streaming. The regulator notes that providers should include a prominent link to a ‘Key Facts Sheet’ (required under the ACMA’s standards for NBN-based plans) in their direct marketing, particularly when they may make claims about services that are supported. The ACCC believes the Key Facts Sheet, which is similar to the contract summaries required under the EECC, could also assist consumers in understanding whether an upgraded modem or increased speed tier is needed to support their desired usage. The guidance provides clarity to providers and transparency to consumers in navigating the rapidly increasing connectivity capabilities offered by the upgraded NBN network.