The Australian Competition and Consumer Commission has received notification of three access disputes concerning the charges associated with Telstra's supply of the Line Sharing Service.
The disputes have been notified by Adam Internet Pty Limited, Agile Pty Limited and Amcom Pty Limited respectively under Part XIC of the Trade Practices Act 1974.
The Line Sharing Service involves the transmission of voice telephony services and broadband internet services over the same copper line spectrum. The access provider uses the low frequency part of the spectrum to provide voice telephony services to end-users whilst access seekers may simultaneously use the high frequency part of the spectrum to supply broadband internet services to end-users.
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 283/06
Issued: 28th November 2006
Background
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the ACCC must determine the matter, unless it decides to terminate the arbitration or the notification is otherwise withdrawn.
