Possible variation of the ULLS service declaration (May 07)

Update

In November 2008 the ACCC decided to combine the ULLS variation inquiry and the public declaration inquiry relating to the declarations for six fixed-line telecommunications services expiring 31 July 2009, pursuant to section 152AN.

On June 4, the ACCC issued a draft decision for the combined public declaration inquiry. The ACCC's draft view is that it is not satisfied that varying the ULLS service description at this time would promote the long-term interests of end users.

The ACCC is inviting interested parties to respond to the issues raised in the draft decision by 5.00pm, 25 June 2009. Any questions about the draft decision should be directed to Simon Haslock at simon.haslock@accc.gov.au or 03 9290 6919 in the first instance.

Background

In mid-March 2007, the ACCC received a request from the G9 consortium of companies to vary the unconditioned local loop service (ULLS) declaration to ensure that sub-loop access falls within the definition of the declared ULLS. It was argued that a variation would provide certainty for a FTTN provider as the provision of services over the network would be contingent on access to the sub-loop. A copy of that request is available below.

The focus of the inquiry was on whether to vary the service description so that a ‘potential point of interconnection’ need not be located at or associated with a customer access module (CAM). In line with encouraging a more technically neutral service description, the ACCC was also considering whether the definition of communications wire in the ULLS declaration should be amended to include copper and other metallic based wires used in local loops.

The ACCC released a discussion paper in May 2007 (available below). The ACCC received nine submissions in response to the discussion paper. Public versions of the submissions are available below.

On 17 December 2007, the ACCC released a position paper as part of its inquiry into the possible variation of the definition of the declared ULLS. The ACCC received three submissions in response to the position paper. Public versions of the submissions are available below.

On 21 April 2008, the ACCC decided to suspend the public inquiry.

The public inquiry into possible variation of the ULLS service declaration was suspended in recognition that there was no pressing need to vary the ULLS service declaration at the time. This position was stated in the ACCC’s position paper of December 2007. The ACCC did not receive any submissions which indicated to the contrary.

Considering the potential impact the Federal Government’s competitive process to build a National Broadband Network (NBN) may have on the issue of ongoing access to the ULLS, the ACCC was of the view that to amend the ULLS service description at the time may have created unnecessary regulatory uncertainty.