Telstra second application for domestic transmission capacity service exemption (December 2007)
Telstra lodged four exemption applications on 21 December 2007 from the standard access obligations for the domestic transmission capacity service (DTCS). These applications relate to Telstra's supply of:
inter-exchange DTCS in CBD areas of each capital city
tail-end transmission in CBD areas of each capital city
inter-exchange transmission in metropolitan areas and certain regional centres for DTCS
tail-end transmission in metropolitan areas and certain regional centres for DTCS up to 2 Mbps only.
These DTCS applications were in addition to those lodged in August 2007.
Telstra's exemption application is provided below. In support of its application, Telstra also provided a confidential submission, witness statements and reports from CRA and Market Clarity. Telstra has not provided public versions of the following confidential documents:
Market Clarity CBD Fibre Deployment Report
Market Clarity Access Fibre Report
Telsyte Report on Historic Wholesale Metro Leased Line Prices
Telsyte Report on Current Wholesale Metro Leased Line Prices
witness statement 4
witness statement 5
witness statement 5—supplementary.
Telstra has stated that it is prepared to provide confidential versions of the submission and all attachments to people who sign confidentiality undertakings in an appropriate form.
A Microsoft Word copy of the confidentiality undertaking is available on this web page for parties wishing to gain access to Telstra’s confidential documents.
The signed confidentiality undertaking should be sent to Paul McLachlan, and copied to Caitlin Garner of the ACCC at caitlin.garner@accc.gov.au.
On 14 February 2007, the ACCC issued a discussion paper on Telstra's exemption application. Written submissions in response to the discussion paper are requested by no later than 5.00 pm, 14 March 2008. A public version of the discussion paper is available below. Submissions to the discussion paper are available below.
On 28 March 2008, the ACCC made a request for further information under s. 152AU of the Act to Telstra. The information request is available below.
In a meeting with Telstra on 7 April 2008 and subsequently in a letter dated 21 April 2008, the ACCC clarified the scope of the 28 March 2008 request for further information. A copy of the letter is available below.
On 30 June Telstra provided a response to the ACCC's information requests followed by a supplementary response on the 17 July (public versions available below).
On 31 July Telstra also provided supplementary submissions to the ACCC discussion paper. Public versions of these submissions have been made available.
On 12 August the ACCC informed Telstra's that its response did not fulfil the information requests and that further information is required.
On 25 August 2008, Telstra made a further submission in support of its exemption applications. The public version of the supplementary report is available below.
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.
On 3, 5 and 9 September 2008, Telstra provided additional responses to the ACCC's information requests. A public version of Telstra's response of 5 September is available below.
On 25 September 2008, ACCC wrote to Telstra accepting the information it has supplied to the ACCC in response to its information requests.
Submissions in response to the ACCC's draft decision on Telstra's exemption applications were received on 22 October 2008 from Optus, 23 October 2008 from AAPT and 27 October from Telstra. Public versions of the submissions are available below. The ACCC notes that a version of the Market Clarity report submitted by Telstra may also be provided to interested parties, subject to confidentiality undertakings.
On 5 November, Telstra provided an additional Market Clarity report. A public version of Telstra's letter is available below. Further confidential submissions were also made by Telstra on 7 November and by Optus on 13 November 2008.
Questions for the ACCC regarding the exemption process should firstly be directed to Caitlin Garner on 03 9290 1485.
