Notification of telecommunications access disputes

The following access disputes have been notified to the Australian Competition and Consumer Commission under Part XIC of the Trade Practices Act 1974:

• Telstra Corporation Limited (access seeker) notified a dispute with Vodafone Network Pty Limited (access provider), and
• Telstra Corporation Limited (access seeker) notified a dispute with Hutchison 3G Australia Pty Limited (access provider).

The access disputes relate to the price paid by the access seeker to the access providers for the Domestic Mobile Terminating Access Service.*
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 Domestic Mobile Terminating Access Service is a wholesale input, used by providers of fixed-to-mobile and mobile-to-mobile calls, to allow their customers to call mobile phone users. It allows consumers (either fixed-line or mobile) to call mobile users connected to another network. The carrier whose customer initiates the call pays the carrier whose customer receives the call for the mobile terminating access service.

The access disputes relate to the charges, and other terms and conditions, for carrying that portion of a call which terminates on the Access Provider's network.

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 disputes'. For the ACCC to engage in arbitration, an access seeker and/or an access provider must notify the ACCC of an access disputes. The ACCC may arbitrate an access disputes 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 disputes 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 disputes. Where the ACCC is notified of an access disputes the ACCC must determine the matter, unless it decides to terminate the arbitration or the notification is otherwise withdrawn.