ACCC 'Declares' the Telecommunications Access Forum

ACCC 'Declares' the Telecommunications Access Forum The Australian Competition and Consumer Commission will declare the Australian Communications Access Forum Inc (ACAF) to be the Telecommunications Access Forum (TAF) for the purposes of Part XIC of the Trade Practices Act 1974 .

The ACAF is an incorporated association in NSW, composed of telecommunications carriers and carriage service providers. Under section 152AI of the Act the ACCC may by notice in the Gazette, declare a body or association to the TAF for the purposes of Part XIC if:

• membership is open to all carriers and carriage service providers;
• the body or association is capable of generating recommendations relating to declarations under Part XIC;
• the body or association is capable of generating a draft telecommunications access code; and the body or association has a written constitution.

The declaration will take effect from 28 May 1997 when the declaration is published in the Commonwealth Government Gazette (Government Notices).

In a related matter, the ACCC has also decided it is appropriate to grant interim authorisation pursuant to subsection 91(2)(c) of the Trade Practices Act 1974 to the rules of governance of the ACAF. In making its decision the ACCC recognised the transitional nature of the self regulatory mechanisms currently being put in place and that the granting of interim authorisation will allow the members of the ACAF to give effect to the rules in furtherance of the objects of the ACAF.

The ACCC proposes to assess the substantive merits in deciding whether to grant authorisation to the final rules of the ACAF in December 1997.

"The ACAF will play an important role in facilitating industry self-regulation in the post-1997 regulatory regime for telecommunications," ACCC Chairman, Professor Allan Fels, said today. "In a complex and technically detailed network industry such as the telecommunications industry, it is desirable to encourage participants to establish multilateral forums by which standard terms and conditions can be developed and applied. As the industry matures and becomes more multi-faceted and pluralistic (in terms of number and types of networks and facilities) it is likely there will be an increasing reliance on industry self-regulation.

"To this end the ACCC encourages the ACAF to achieve the major role envisaged for the TAF under the telecommunications access regime. The ACCC notes that the ACAF has already circulated a draft access code for public comment, which will be lodged for the ACCC for approval under Part XIC."

Further information Professor Allan Fels, Chairman, (03) 9290 1812 or pager (016) 373 536 Ms Lin Enright, Director, Public Relations, (06) 264 2808