Interim determinations in telecommunications access disputes
The Australian Competition and Consumer Commission today published interim determinations in four telecommunications access disputes regarding the supply of the PSTN Originating and Terminating Access services from Telstra Corporation Ltd to Optus Networks Pty Limited and Optus Mobile Pty Limited.
The interim determinations provide that the charges payable by Optus to Telstra for the period up to 31 December 2007 are as set out in the pricing principles and indicative prices for the PSTN Originating and Terminating Access services*.
The interim determinations and the accompanying statement of reasons were made on 28 August 2007.
As required under the Trade Practices Act 1974, the ACCC consulted with the parties on whether it should publish the interim determinations and the accompanying statement of reasons.
Both parties provided submissions in late September. These were considered by the ACCC before deciding to publish the interim determinations and their accompanying statements of reasons. Certain commercial in confidence information was removed from the statement of reasons prior to publication, as agreed to by the parties.
The ACCC will now progress a final determination in this matter, which will take into account a broader and more complex range of issues than is required for an interim determination.
*Pricing principles and indicative prices, Local carriage service, wholesale line rental and PSTN originating and terminating access services - Final Determination and Explanatory Statement, 29 November 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.
