ACCC issues report on disclosure of telecommunications information

The Australian Competition and Consumer Commission has today issued a report outlining its views on the further public release of telecommunications information.

The ACCC can require public disclosure of information collected via the telecommunications record-keeping rules.

The record-keeping rules allow the ACCC to improve the integrity and transparency of the information provided to it by carriers. These rules have been used to develop a regulatory accounting framework under which carriers Telstra, Optus, Vodafone, AAPT and Primus report on a regular basis. Record-keeping rules are also used for specific purposes such as the monitoring of the roll-out of ADSL services by Telstra.

The report outlines the ACCC’s proposal to require the regular release of basic "market indicator" information. This information includes the release of revenue, usage, market share and market growth information for a range of retail and wholesale telecommunications services.

"A final ACCC decision on whether to release this information will occur after a statutory consultation process with telecommunications carriers", Commissioner responsible for telecommunications, Mr Ross Jones, said. "However, it would appear that release of this information will improve the transparency of ACCC decision-making. It will also assist stakeholders in making submissions to the ACCC on such matters as the development of competition in telecommunications markets.

"Some information is already available in annual reports and other public documents. However, this proposal would mean that a comprehensive industry-wide set of authoritative data about market developments would be publicly available.

"Importantly, it will complement the Government's plans to implement a more comprehensive accounting separation regime for Telstra".

The report also provides general guidelines concerning the factors the ACCC will generally consider when deciding whether information obtained under the record-keeping rules should be publicly released. The ACCC's consideration of whether to release such information may follow a request from an interested person.

The final report follows the release of a draft report in August 2002. The final report is available on the ACCC website at www.accc.gov.au.

Background

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 particularly 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 successfully, the ACCC regularly obtains detailed information from the carriers under arrangements such as 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.

Sections 151BUA, BUB and BUC of the Act provide for the ACCC to disclose record-keeping rule information to the public or to specific persons under certain conditions. The draft report is particularly concerned with the potential use of these information disclosure powers.

The record-keeping rule powers have recently been used to develop the Telecommunications Industry Regulatory Accounting Framework, or RAF. The ACCC issued a final version of the RAF in May 2001. The RAF details financial reporting requirements that apply to carriers or carriage service providers notified by the ACCC (currently Telstra, Optus, Vodafone, AAPT and Primus). The RAF also specifies what records are kept, how reports are prepared and when these reports should be provided to the ACCC.