Telecommunications access dispute

AAPT Limited notified the Australian Competition and Consumer Commission on 30 November 1999 of an access dispute with Vodaphone Network Pty Limited under Part XIC of the Trade Practices Act 1974.

The dispute relates to the price paid by AAPT for domestic GSM originating and terminating access to the Vodaphone network. 'Originating access' and 'terminating access' are services whereby calls are passed from an originating network to be completed on a terminating network. In this case, the dispute relates to Vodaphone's charge for carrying that portion of a call that originates or terminates (as the case may be) on its mobile GSM network. The originating and terminating services were declared by the ACCC on 30 June 1997, pursuant to section 39 of the Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997.

Accordingly, the ACCC has begun the arbitration process. Given that the legislation contemplates that arbitrations be conducted in private the ACCC will not be making any public comment at this stage.

Background

The ACCC is vested with arbitration powers enabling it to make directions and 'do all things necessary for the speedy hearing and determination of an access dispute'.

For the ACCC to engage in arbitration, an access seeker and/or an access provider must notify the ACCC of an access dispute. The ACCC may arbitrate an access dispute only where: a declared service is supplied or proposed to be supplied by a carriage service provider; one or more standard access obligations apply or will apply to the carrier or provider in relation to the declared service; and an access seeker is unable to agree with the carrier or provider regarding the terms and conditions on which the carrier or provider is to comply with the standard access obligations. Where a dispute cannot be resolved after private negotiations, mediation and/or conciliation, either of the access parties may refer the matter to the ACCC. Arbitration by the ACCC would be considered as a final solution for the parties in dispute. Where the ACCC is notified of an access dispute the ACCC must determine the matter, unless it decides to terminate the arbitration or the notification is otherwise withdrawn.