Cable and Wireless Optus Limited has notified the Australian Competition and Consumer Commission of two access disputes with Telstra Corporation Limited under Part XIC of the Trade Practices Act 1974.
The disputes relate to certain terms and conditions on which Telstra Corporation proposes to supply Cable and Wireless Optus with domestic PSTN originating and terminating access services.
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.
Media inquiries
Ms Lin Enright, Director, Media Unit, (02) 6243 1108or 0414 613 520
Release # MR 235/99
Issued: 29th November 1999
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the ACCC must determine the matter, unless it decides to terminate the arbitration or the notification is otherwise withdrawn.
