ACCC to oversee access to Telstra exchange facilities
The Australian Competition and Consumer Commission has made a record keeping rule which requires Telstra to keep and retain records and give reports to the ACCC relating to access to Telstra exchange facilities.
A large number of access seekers have complained that Telstra is refusing to provide access to exchanges on the grounds that there is insufficient space. In addition, access seekers have complained that lengthy delays associated with Telstra's queuing system are preventing them installing equipment in exchanges to provide ADSL2+ services to consumers, in competition with Telstra.
"The ACCC believes that there is a strong need for independent oversight of Telstra's processes to cap exchanges to ensure that Telstra is held accountable and access seekers are not unreasonably denied access to Telstra exchanges. There is also a clear need to identify the exact cause of delays with Telstra's queuing system," ACCC Chairman, Mr Graeme Samuel, said today.
"The record keeping rule will assist the ACCC in carrying out its statutory functions under the access regime in the Trade Practices Act and provide confidence to access seekers investing in competitive DSLAM infrastructure about the accuracy of Telstra's processes."
The ACCC has consulted extensively with Telstra and with access seekers on the contents of the record keeping rule. The overwhelming majority of submissions to the ACCC supported the making of the record keeping rule.
The record keeping rule requires Telstra to give monthly reports to the ACCC that contain information which includes details of Telstra decisions to cap and uncap exchanges and the amount of space in an exchange reserved by Telstra for its own anticipated future requirements. The record keeping rule also requires Telstra to report on the details of queued access seekers, their position in the queue, and any progress in the queue.
A copy of the record keeping rule will be available on the ACCC website.
The Australian Competition and Consumer Commission is responsible for overseeing the development of a competitive telecommunications industry within Australia. Under Parts XIB and XIC of the Trade Practices Act 1974, the ACCC is responsible for prevention of anti-competitive conduct in telecommunications markets and administration of the telecommunications specific access regime.
To carry out its functions under Parts XIB and XIC of the Act, the ACCC regularly obtains detailed information from the carriers under arrangements, including its record-keeping rule powers. Under section 151BU in Part XIB of the Act, the ACCC has the power to make record keeping rules by written instrument and require that specific carriers and carriage service providers comply with these rules.
