Optus's mobile terminating access service undertaking—December 2004

On 23 December 2004 Optus lodged an ordinary access undertaking with the ACCC about the mobile terminating access service (MTAS). The undertaking specifies price-related terms and conditions and some other matters of supply. It includes a service description, and specifies Optus' proposed prices for the service outlined in the undertaking's service description.

It is important to note that consideration of an undertaking does not preclude the ACCC from conducting an arbitration, if required, and issuing an interim determination while it completes the undertaking process.

The ACCC released a discussion paper on Optus' MTAS undertaking on 25 February 2005. As indicated in that paper, the time for interested parties to make submissions to the ACCC about the undertaking is within six weeks from the date on which Optus makes certain relevant information (contained in Optus' confidential submissions in support of the undertaking) reasonably available for industry assessment.

The ACCC now notifies that it believes Optus has made and will continue to make confidential information relating to the Optus undertaking reasonably available to any legal/regulatory personnel of any interested party subject to a signed confidentiality undertaking. Accordingly the ACCC has set a closing date of 25 May 2005 for submissions from interested parties on the Optus MTAS undertaking.

The ACCC has retained Analysys Consulting Pty Ltd to provide advice on the cost model developed by Charles River Associates for Optus, in support of Optus' MTAS undertaking. A copy of the report to be prepared by Analysys will be placed on the ACCC website.

The ACCC has also retained WIK-Consult GMBH to provide advice on network/subscription externality surcharge and Ramsey-Boiteux pricing approaches discussed in the material submitted by Optus in support of its MTAS access undertaking. A copy of the report to be prepared by WIK will be placed on the ACCC website.

Indicative time frame for assessment of Optus' MTAS undertaking

On 1 September 2005 the ACCC wrote to Optus that they had extended the six month timeframe by a further three months to assess Optus' MTAS access undertaking. Notwithstanding the three month extension the ACCC expects to be in a position to provide a final view on the undertaking before 25 December 2005.

The indicative timeline outlined above depends on there being no further need for the ACCC to make information requests of Vodafone. The ACCC will decide whether or not such requests are appropriate considering the circumstances at the time, such as views expressed by interested parties in submissions to the discussion paper.