Telstra application for domestic transmission capacity service exemption (August 07)

In June 1997, the ACCC declared the domestic transmission capacity service (DTCS). In April 2004, the ACCC extended the DTCS declaration for a further period of five years.

On 24 August 2007, Telstra lodged an exemption application from the standard access obligations of the DTCS in 20 capital-regional routes. In support of its application, Telstra provided a submission, a Telstra employee witness statement and two reports from CRA and Market Clarity.

The exemption application and the public versions of the submission, reports and witness statement are available below.

Telstra stated that it was prepared to provide confidential versions of the submission and all attachments to people who had signed confidentiality undertakings in an appropriate form. Telstra nominated Paul McLachlan as Telstra contact for this application.

A Microsoft Word copy of the confidentiality undertaking is available below. Signed confidentiality undertakings were sent to Paul McLachlan, and copied to Caitlin Garner of the ACCC. The ACCC invited submissions on any aspect of the exemptions, and undertook to publish a discussion paper and a timetable for submissions from interested parties in order to undertake a public consultation process on the exemptions.

On 18 October 2007, the ACCC issued a discussion paper on Telstra's exemption application. A public version of the discussion paper and submissions to the discussion paper are available below.

On 4 January 2008, the ACCC issued Telstra with a request for further information pursuant to section 152AU of the TPA. A copy of the information request is available below.

On 28 March 2008, Telstra responded to the ACCC's 4 January 2008 information request. The public versions of the submission are available below.

However, in a meeting with Telstra on 23 April 2008 and subsequently in a letter dated 12 May 2008, the ACCC informed Telstra that their response did not fulfil the information request. A copy of the 13 May 2008 letter to Telstra is available below.

On 10 June 2008, Telstra provided the ACCC with a public version of a confidential Market Clarity Report dated 3 June 2008.

On 19 June 2008, Telstra supplied a further response to the ACCC's 4 January 2008 information request and 13 May 2008 further information request.

On 24 June 2008, Telstra provided a public version of its correspondence of 19 June 2008 which attached a confidential Market Clarity letter.

On 2 July 2008, the ACCC wrote to Telstra clarifying the terms on which it is able to use the submitted confidential Market Clarity information.

On 22 July 2008, the ACCC wrote to Telstra accepting the information it has supplied to the ACCC in response to its information requests.

On 22 September 2008, the ACCC issued a draft decision on Telstra's exemption application. Written submissions in response to the draft decision are requested by no later than 5.00pm, 13 October 2008. A public version of the draft decision is available below.

Submissions in response to the ACCC's draft decision on Telstra's exemption applications were received on 21 October 2008 from Telstra, 22 October 2008 from Optus and 23 October from AAPT. Public versions of the submissions are available below.

Questions for the ACCC regarding the exemption process should be directed to Caitlin Garner at caitlin.garner@accc.gov.au.