Telstra application for fixed line services exemption in Optus cable network areas (December 07)
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On 11 November 2008, the ACCC issued a final decision rejecting Telstra's exemption application relating to the Optus HFC network. A public version of the decision is available below.
Background
On 18 December 2007, Telstra provided the ACCC with an application for exemption from the standard access obligations in respect of supply of the unconditioned local loop service (ULLS), line sharing service (LSS), local carriage service (LCS), wholesale line rental service (WLR), and PSTN originating access service (PSTN OA) to Optus in a defined geographic area of any customer premises within 75 metres of Optus’ currently deployed HFC cable network in Sydney, Melbourne and Brisbane.
Telstra has provided a submission in support of its exemption application at Schedule A to its application. Schedule A also comprises two annexures. Annexure 1 is a report by Martin Cave of Warwick Business School. Annexure 2 is a report by Michael G.Harris. Telstra’s has also provided a draft exemption order as Schedule B to its application.
Telstra’s application for exemption and schedules A and B, including annexures 1 and 2, are available below.
On 29 January 2008, the ACCC issued a discussion paper on Telstra's exemption application relating to the Optus HFC network. Written submissions in response to the discussion paper are requested by Tuesday, 25 March 2008. The discussion paper is available below.
On 21 February 2008, Optus wrote to the ACCC regarding concerns with the validity of Telstra's HFC exemption application and the ACCC's proposed approach to it. Optus' letter is available below.
On 25 March 2008, Telstra provided the ACCC with a confidential submission to the discussion paper. Telstra has stated that it is prepared to provide the confidential version of the submission to people who sign the confidentiality undertakings in an appropriate form. Signed confidentiality undertakings should be sent to Paul McLachlan at Paul.McLachlan@team.telstra.com and copied to Michael Eady. The public version of Telstra's submission is available below.
On 28 March 2008, Telstra provided the ACCC with a response to Optus' letter dated 21 February 2008. Telstra's response is available below.
On 1 April 2008, Optus provided the ACCC with public and confidential submissions to the discussion paper. The public version of Optus' submission is available below.
On 3 April 2008, Optus provided the ACCC with a response to Telstra's letter dated 28 March 2008. This letter is available below.
On 2 May 2008, Optus met with the ACCC to discuss Telstra's exemption application. A public version of Optus' presentation is available below.
On 13 May 2008, Optus provided the ACCC with a supplementary submission to the discussion paper. Public versions of the submission and selected Appendices are available below.
On 27 June 2008, Telstra provided the ACCC with a supplementary submission on its exemption application. The public version of Telstra's submission is available below.
On 15 July 2008, the ACCC received 8 folders of source material from Telstra referenced in its submissions. This source material is publicly available and will not be placed on the ACCC's website.
On 7 August 2008, Telstra was informed of the ACCC's decision to extend the statutory decision-making timeframe under subsection 152AT(12). The letter is available below.
On 22 September 2008, the ACCC issued a draft decision on Telstra's exemption application relating to the Optus HFC network. Written submissions in response to the draft decision were requested by close of business on Monday, 13 October 2008. A public version of the draft decision is available below.
The ACCC received submissions from three interested parties - Telstra, Foxtel and Optus - in response to the draft decision. Public versions of those submissions, and accompanying reports, are available below.
