Optus, along with challenger telcos such as TPG, iiNet and Internode, also resell the 'television-like' IPTV service, , yet neither of these ISPs nor FetchTV itself would appear to fall under the category of a CSE.

The Final Report also appears to lack an investigation into the consequence of the National Broadband Network, with its faster broadband speeds and increased accessibility for Australians to digital media services, facilitating the creation of more 'television-like' services. This is a growing issue: will be provided over broadband by 2015, according to analyst firm Telsyte.

The apparent lack of application of common standards to both 'new' and 'old' media companies is another issue in that it would appear to distinctly run at odds with the Report's own objective that there be "a flexible and technology-neutral approach to content regulation that reflects community standards".

For its part, Telstra has argued against attempts to adopt a 'technology neutral' approach to regulation in the name of 'regulatory parity'.

"While attractive in principle, in practice the CSE framework will not remove inconsistencies, but merely move the boundary of regulatory inconsistency," the company argued in its .