Telecommunications access dispute

Television and Radio Broadcasting Services Australia Pty Ltd (TARBS) has notified the Australian Competition and Consumer Commission of an access dispute with Telstra Multimedia Pty Limited under Part XIC of the Trade Practices Act 1974.

The access dispute relates to the terms and conditions on which Telstra Multimedia supplies TARBS with the Broadcasting Access and Analogue Subscription Television Broadcast Carriage Services. The services involve the supply of analogue pay television carriage services using Telstra Multimedia's cable network. It was recently declared by the ACCC following an inquiry examining competition in pay television services.

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the ACCC must determine the matter, unless it decides to terminate the arbitration or the notification is otherwise withdrawn.