ACCC finalises telecommunications infrastructure audit and publishes exemption application
The Australian Competition and Consumer Commission has issued a Record-Keeping Rule (RKR) requiring 22 specified carriers to report on the locations of their core network and Customer Access Network infrastructure.
Recent ACCC reviews have indicated that a consistent and coherent infrastructure database is needed to further inform the effectiveness and timeliness of future regulatory processes. This includes the assessment of a number of exemptions applications recently lodged by Telstra in relation to existing declared services.
"The ACCC welcomes the significant level of support it has received from carriers regarding the required reporting," ACCC Chairman, Mr Graeme Samuel, said.
A number of carriers have indicated that they expect no burden in complying with the rule, as its required reporting format matches their internal record-keeping procedures. The ACCC has also indicated to a further nine carriers that their proposals for alternative reporting formats can be accommodated through the flexibility in reporting provided by the Infrastructure RKR.
The ACCC has also published Telstra's latest exemption application, lodged with the ACCC on 18 December 2007. This is the eighth exemption application in relation to fixed network services lodged by Telstra in the last six months.
The latest application relates to exemption from the standard access obligations* for the supply of regulated fixed line services to Optus within Optus' currently deployed HFC cable network footprint in Sydney, Melbourne and Brisbane. Telstra's application and supporting materials can be accessed at www.accc.gov.au. The ACCC intends to issue a discussion paper to commence its consultation process on the exemption application.
In March 2007 the ACCC issued a discussion paper proposing an audit of communications infrastructure. This would be achieved by a new RKR, issued under section 151BU of Part XIB of the Trade Practices Act 1974 which would require relevant infrastructure owners to identify the key components and locations of their infrastructure assets.
The ACCC considers that the provision of information on the geographic location of infrastructure by carriers is relevant to the ongoing operation of Part XIC of the Act, and that the regular provision of information under an RKR is preferable to methods previously used to obtain this information. A Regulation Impact Statement will be publicly released shortly.
* Following the ACCC's decision to regulate a service under Part XIC, standard access obligations exist for any carriers or carriage service provider providing that service, whether to themselves or to other persons. The obligations include the requirement that the regulated service must be provided to service providers, along with specified ancillary services, on request.
A carrier can apply to the ACCC for a written order exempting it from any, or all, of the standard access obligations that apply to a regulated service. In deciding whether to make an order, or not, the ACCC must consider whether it will promote the long-term interests of end-users of the carriage services, or services provided by means of carriage services.
