In a submission to the Australian Competition and Consumer Commission, following the release of the draft decision on 1 October, Optus said it also welcomed the watchdog's recognition that service level commitments and rebates should be structured so as to retain incentives for RSPs and NBN Co to jointly work to improve the customer experience.

Optus said there were two key proposals for implementing this:

• "NBN Co should not be permitted to charge RSPs for services that are not working and which RSPs cannot charge end-users; and
• "NBN Co should not charge for speed profiles their network cannot deliver."

In its draft decision, the ACCC suggested a reworked rebate structure, increasing rebates for missed appointments, late connections and unresolved faults, with the rebates to be applied on a daily basis, and not as a one-off payment.

Optus said the new terms should come into force during the third wholesale broadband agreement (WBA3) which runs till November 2020, having been extended from November 2019 by NBN Co.

"Optus raised concerns that the extension of WBA3 by NBN Co would have the effect of delaying the implementation of this inquiry and resultant FAD," the company said.

"As a result of these concerns, NBN Co agreed a commercial contract which includes commitments to implement the outcomes of this inquiry during the lifetime of WBA3."

Three other telcos — Vodafone Hutchison Australia. Vocus and Telstra — agreed in general with most of the ACCC's conclusions in its draft determination.