The Australian Competition and Consumer Commission is vested with powers to arbitrate telecommunications access disputes and to make final binding determinations to resolve disputes. Arbitration hearings are private and the ACCC generally does not publicly comment on disputes except to announce when a dispute has been notified. Details of determinations can be viewed on the determinations register, available on the ACCC website; a list of current access disputes arbitrations can also be viewed.
Access undertakings
Division 5 of Part XIC of the Trade Practices Act 1974 enables access providers to voluntarily lodge written access undertakings with the ACCC that specify the terms and conditions upon which they agree to supply a specified service. The ACCC can accept or reject these undertakings. Undertakings currently before the Commission can be viewed on the ACCC website.
Declared services
Part XIC of the Trade Practices Act enables the ACCC to ’declare’ telecommunications services. Upon declaration, standard access obligations apply. The access provider is obliged to supply the service to an access seeker upon request.
The ACCC is able to vary or revoke declarations, but must hold a public inquiry ahead of such changes, except where changes are minor. The declared services register is available on the ACCC website.
