Primus Telecom Pty Limited has notified the Australian Competition and Consumer Commission of an access dispute with Telstra Corporation Limited, under Part XIC of the Trade Practices Act 1974.
The access dispute relates to the monthly rental charge and other charges pertaining to the supply of the Line Sharing Service (LSS)* from Telstra to Primus.
The ACCC has commenced the arbitration process for this access dispute.
Given that the legislation states that arbitrations be conducted in private, the ACCC will not be making any public comment at this stage.
*Line sharing refers to a situation where two separate carriers, or service providers, supply separate services to an end-user over a single copper or metallic pair (telephone line). The line sharing service (LSS) involves the access provider providing a voiceband PSTN service to an end-user, while also providing access to the line to another carrier or service provider (the access seeker) who simultaneously provides other services (typically broadband services) to the same end-user over the high frequency portion of the line. For example, the access provider could deliver voice services to end-users, while a second carrier could simultaneously provide high-speed data services (such as asymmetric digital subscriber line (ADSL) over the same line. The LSS was 'declared' under Part XIC of the Trade Practices Act 1974 in August 2002.
Release # MR 004/05
Issued: 11th January 2005
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 carrier or carriage service provider
one or more standard access obligations apply or will apply to the carrier or carriage provider in relation to the declared service
an access seeker is unable to agree with the carrier or carriage service provider regarding the terms and conditions on which the carrier or carriage service provider is to comply with the standard access obligations.
If 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 outcome of the matter, unless it decides to terminate the arbitration or the notification is otherwise withdrawn.
