people Telecom Limited has notified the Australian Competition and Consumer Commission of an access dispute with Telstra Corporation Limited under Part XIC of the Trade Practices Act 1974.
The dispute relates to the terms and conditions on which Telstra supplies people Telecom with the Local Carriage Service. This service involves the supply of wholesale local calls using Telstra’s network and enables Telstra’s competitors to provide local calls to end-users.
The ACCC has commenced the arbitration process for this access dispute.
Given that the legislation contemplates that arbitrations be conducted in private the ACCC will not be making any public comment at this stage.
Media inquiries
Ms Lin Enright, Director, Media Unit, (02) 6243 1108or 0414 613 520
Release # MR 132/01
Issued: 12th June 2001
Background
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 engage in arbitration, 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 carriage service provider;
one or more standard access obligations apply or will apply to the carrier or provider in relation to the declared service; and
an access seeker is unable to agree with the carrier or provider regarding the terms and conditions on which the carrier or 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. Where the ACCC is notified of an access dispute, it must determine the matter, unless it decides to terminate the arbitration or the notification is otherwise withdrawn.
