The ACCC is vested with powers to arbitrate telecommunications access disputes and make a binding final determination to resolve a dispute. 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 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.
The legislation 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 legislation 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 3 July 2008)
Access disputes currently being arbitrated by the ACCC are listed below, grouped by service:
