The SSU provides a number of commitments relating to dispute resolution, including a commitment to establish an independent dispute resolution body—the Independent Telecommunications Adjudicator (ITA). On 3 May 2012 Telstra established the Office of the Independent Telecommunications Adjudicator (the ITA company).
What is the ITA company?
The ITA company will administer the process for resolving complaints from wholesale customers relating to ITA disputes. ITA disputes are complaints that:
relate to Telstra’s delivery of non-price equivalence in the supply of Regulated Services
arise under Telstra’s Migration Plan.
The ITA company Constitution was approved by the ACCC on 3 May 2012 after Telstra made amendments to the draft version, addressing concerns raised by wholesale customers during the consultation process.
On 20 June 2012 the ACCC approved the appointment of Dr Rob Nicholls to the role of ITA Adjudicator. The ACCC sought views from wholesale customers regarding the suitability of Dr Nicholls and other potential candidates for the role of the ITA Adjudicator. Approval of the ITA Adjudicator was the final approval required for the commencement of the ITA process and the ACCC expects the process will commence shortly.
The ITA company was also required to complete a number of other tasks and submit these to the ACCC for approval:
information on the types of disputes that can be referred to the ITA process
the steps that wholesale customers must take
the process that the ITA Adjudicator will follow
timeframes that the ITA Adjudicator is bound by when resolving ITA disputes.
ITA documents
ITA deed
On 27 August 2012 Telstra provided the ACCC with an amended version of the ITA deed. This version of the ITA deed updates the version in Schedule 6 of the SSU. This version also incorporates changes made by Telstra in July 2012 and reflects comments from the ACCC and Telstra's wholesale customers about:
the payment of ITA referral fees in circumstances where the ACCC acts as the Adjudicator
payment of the annual ITA Process fee in a financial year where a wholesale customer does not use the ITA process.
Telstra may request extensions of time for the implementation of specific measures within the SSU which the ACCC may approve or reject, having regard to the criteria in clause 21.3 of the SSU.
On 7 May 2012, Telstra requested an extension of time for the implementation period for the ITA process. The ACCC granted an extension of time for the implementation period of the ITA process. The ITA process must now commence on the date which the ITA Adjudicator:
is appointed by the ITA company (as contemplated in Schedule 5); and
agrees to be bound by the ITA Process and the terms set out in Schedule 5.
ACCC consultation on Telstra's establishment of an Independent Telecommunications Adjucator
Wholesale customer confidence in the independence of the ITA Adjudicator and the certainty that the ITA company Constitution and Charter of Independence are crucial to the success of the ITA process.
On this basis, the ACCC released a short discussion paper inviting interested parties to comments on draft versions of the ITA Constitution and Charter of Independence submitted by Telstra on 28 March 2012. Copies of all the relevant documents and submissions are available below.
