Notification of two telecommunications access disputes
Optus Networks Pty Ltd has notified the Australian Competition and Consumer Commission, under Part XIC of the Trade Practices Act 1974, of two telecommunications access disputes with Telstra Corporation Limited.
The first access dispute relates to the price for the supply of the Local Carriage Service from Telstra to Optus. The Local Carriage Service is a service for the supply of an end to end voice grade carriage service between two points within a standard zone. It effectively allows access seekers to resell local calls to end-users.
The second access dispute relates to the price for the supply of the Wholesale Line Rental service from Telstra to Optus. Wholesale Line Rental allows access seekers to resell the basic line rental that allows an end-user to connect to the traditional voice network, make and receive voice calls and have a telephone number.
The ACCC has commenced the arbitration process for these access disputes.
Given that the legislation contemplates that arbitrations be conducted in private, the ACCC will not be making any public comment at this stage.
Release # MR 236/06
Issued: 13th October 2006
Background
The Local Carriage Service was declared on 4 August 1999 and re-declared on 1 August 2006. The Wholesale Line Rental service was declared on 1 August 2006.
The ACCC is vested with arbitration powers enabling it to make directions and 'do all things necessary for the speedy hearing and determination of an access dispute'. For the ACCC 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 where:
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 in relation to the declared service, and
an access seeker is unable to agree with the carrier or carriage service provider regarding the terms and conditions on which the carrier or carriage service provider is to comply with the standard access obligations.
Where a dispute cannot be resolved after private negotiations, mediation and/or conciliation, either of the access parties may refer the matter to the ACCC. Arbitration by the ACCC would be considered as a final solution for the parties in dispute. Where the ACCC is notified of an access dispute the ACCC must determine the matter, unless it decides to terminate the arbitration or the notification is otherwise withdrawn.
