Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010
The Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010 (Cth) (CACS Act) repealed the arbitration provisions in the Competition and Consumer Act 2010 (Cth) (CCA) (formerly theTrade Practices Act 1974 (Cth)) from 1 January 2011.
The transitional provisions of the CACS Act allows an access seeker or access provider to notify an access dispute in relation to a declared service until a final access determination has come into force relating to that declared service.
However, after a final access determination for a declared service has come into force, no access disputes can be notified in relation to that declared service.
Access Disputes
Until a final access determination is made in relation to a declared service, the ACCC is vested with powers to arbitrate telecommunications access disputes in relation to that declared service. The ACCC may make a binding final determination to resolve the dispute. To engage in arbitration, an access seeker and/or an access provider must notify the ACCC of an access dispute. The ACCC can arbitrate an access dispute only when:
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 regarding the declared service
an access seeker is unable to agree with the carrier or carriage service provider regarding the terms and conditions under which the carrier or carriage service provider is to comply with the standard access obligations
no final access determination in relation to the declared service has come into force.
Once the ACCC commences a public inquiry about a proposal to make an access determination relating to the declared service, the ACCC has the discretion to terminate an arbitration (without making an arbitration determination), whether the dispute was notified prior to or following the decision to hold such an inquiry.
Procedure
The CCA states that, except where otherwise agreed by the parties to a dispute, arbitration hearings are to be in private. Therefore the ACCC generally does not make any public comment on disputes except to announce when a dispute has been notified and to provide a brief description of issues which the dispute covers. This notification will generally be through the Telco.Arbitrations@accc.gov.au mailing list, the media release and information on this page.
The CCA provides that a person other than an access provider or an access seeker may apply in writing to the ACCC to be made a party to an access dispute. The party will be made a party to the dispute if the ACCC accepts that the person has sufficient interest.
Applications to be a party to a dispute should be made in writing as soon as possible after the ACCC announces that the dispute has been notified. Submissions can be sent electronically to Telco.Arbitrations@accc.gov.au or by writing to the Communications Group of the ACCC at GPO Box 520, Melbourne Vic 3001.
Parties can ask to be placed on an electronic register of people who wish to be notified of access disputes. Persons wanting to be included on this register should send an email to Telco.Arbitrations@accc.gov.au, providing their name, position, email address and a contact phone number. It is the responsibility of the people registered to ensure their details are properly maintained.
Arbitrations currently being conducted by the ACCC (last updated January 2013)
Access disputes currently being arbitrated by the ACCC are listed below, grouped by service:
