Access disputesTelecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010The Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010 (Cth) (CACS Act) repealed the arbitration provisions in the Competition and Consumer Act 2010 (Cth) (CCA) (formerly the Trade Practices Act 1974 (Cth)) from 1 January 2011.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 DisputesUntil 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:
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. ProcedureThe 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. The ACCC released the current Guide to the resolution of telecommunications access disputes in March 2004. These guidelines propose that a person should apply to be made a party to an access dispute within five working days of being notified. 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:
Mobile terminating access service
Line sharing service
Unconditioned local loop service
Domestic transmission capacity service
Digital Data Access Service
PSTN Originating Access service and Terminating Access service
Local carriage service
Line rental service (wholesale)
Telecommunications Act 1997—Facilities Access
Publication of arbitration determinationsThe ACCC may publish a determination (including an interim determination) and the reasons for making that determination. |
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The ACCC has published guidelines about its approach to resolving telecommunications access disputes. |