The Australian Competition and Consumer Commission has recently received notification of two further telecommunications access disputes under Part XIC of the Trade Practices Act 1974.
Macquarie Telecom Pty Ltd and Optus Networks Pty Ltd have each notified an access dispute concerning supply of the Unconditioned Local Loop Service by Telstra Corporation Limited.
With these notifications, the ACCC is now arbitrating a total of 35 access disputes. In addition, final determinations made in 18 concluded arbitrations are under judicial review.
As detailed on the ACCC's public register of telecommunications determinations, interim determinations have recently been made in nine ULLS arbitrations. This follows the publication of indicative prices for the ULLS on 4 June 2008.
The access dispute notified by Macquarie relates to monthly rental and connection charges for the supply of the ULLS, while the dispute notified by Optus relates to the terms and conditions on which Telstra supplies interconnection to enable Optus to acquire the ULLS at exchanges that Telstra classifies as 'racks capped', 'rack and MDF capped' and 'potential'.
The ACCC has commenced the arbitration process for these access disputes. Given that the legislation contemplates that arbitrations be conducted in private, the ACCC will not be making any public comment at this stage concerning these particular arbitrations.
Release # MR 191/08
Issued: 3rd July 2008
Background
The ULLS involves the use of unconditioned cable, primarily copper pairs, between end users and a telephone exchange. The ULLS essentially gives an access seeker the use of the copper pair without any dial tone or carriage service. This allows the access seeker to use the ULLS in conjunction with its own equipment in an exchange to provide a range of services, including traditional voice services and high speed internet access, to end-users connected to that exchange.
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 arbitrate an access dispute, 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.
The ACCC is required to maintain a public register of determinations that it makes in arbitrating telecommunications access disputes. The register can be inspected at the ACCC's website.
