Notification of telecommunications access disputes
Netspace Pty Ltd has notified the Australian Competition and Consumer Commission of a telecommunications access dispute with Telstra Corporation Limited.
The access dispute relates to the price for the supply of Domestic Transmission capacity between Melbourne and Hobart. The Domestic Transmission Service is a service for the carriage of voice, data or other communications using wideband or broadband carriage. It effectively allows access seekers to set up their own networks for aggregated voice or data channels, or for integrated data traffic (such as voice, video, and data).
Additionally, two further telecommunications access disputes have been notified to the ACCC.
TPG Internet Pty Ltd and Network Technology (Aust) Pty Ltd have each separately notified the ACCC of an access dispute with Telstra Corporation Limited. These disputes are in relation to the Line Sharing Service supplied by Telstra. The Network Technology dispute relates to LSS monthly charges, connection charges and disconnection charges. The TPG dispute relates only to LSS monthly charges.
The LSS allows the copper wires that provide voice telephony to also be used to supply broadband internet services by using the low frequency part of the copper line spectrum for voice and making the high frequency spectrum portion available to access seekers for supplying ADSL services. Telstra retains the ability to provide voice services and obtain line rental revenue and voice call revenue.
The three disputes were notified under Part XIC of the Trade Practices Act 1974.
The ACCC has commenced the arbitration process for the 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.
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.
The ACCC is now arbitrating 34 disputes. In the past four months the ACCC has made 19 determinations in access disputes.
Arbitrations currently being conducted by the ACCC are listed below, grouped by service:
The current list of access disputes can be found on the ACCC website following these links: ACCC home - Industry regulation & price monitoring - Communications - Access and pricing - Access disputes.
