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.