Notice of MTAS final access determination inquiry6 Jun 2019

The ACCC is holding a public inquiry under section 497 of the Telecommunications Act 1997 on whether to extend, vary, or revoke the current domestic mobile terminating access service (MTAS) final access determination.

The public inquiry will consider the price and non-price terms and conditions (NPTCs) of access to mobile termination services that best promote the long term interests of end-users and which take account of the other factors under section 152BCA of the Competition and Consumer Act 2010 (CCA).

Consideration will be given to the impact of recent changes in the mobiles market, particularly where they affect the efficient cost of providing mobile terminating access services. The ACCC will also consider the appropriate methodology to determine an efficient price for the provision of the MTAS in accordance with the criteria set out under the CCA.

We anticipate that the inquiry will be conducted over a six-month period. However, this period may be extended.

First stage

The first stage of the inquiry will examine whether the determination should be extended, varied or revoked and, in that context, will examine the pricing methodology (or methodologies) the ACCC should consider for pricing the declared MTAS, as well as the NTPCs in the current MTAS final access determination (the MTAS final access determination made in 2015 is available at Final access determination no. 1 of 2015 for the Mobile Terminating Access Service (MTAS).

Discussion paper

The ACCC intends to publish a discussion paper in August 2019 and seek submissions on the matters set out in this notice and as further detailed in our discussion paper. The time for making submissions will be a minimum of 28 days from the date of the discussion paper. Submissions can be made in writing to, or as otherwise directed in the discussion paper.

Second stage

During the second stage of the inquiry, the ACCC will consult on how a preferred pricing methodology/s should be implemented and what data should be examined in preparing a pricing model.

The ACCC will publish a draft final access determination report that outlines its proposed approach.

Following the consideration of submissions on the draft final access determination report, the ACCC will publish a final report.

* This webpage was updated on 28 June 2019 to note that there will be a minimum of 28 days for submissions to the inquiry (formerly, 6 weeks). This reflects the statutory requirements. In addition, a reference to the ACCC publishing a position paper during the inquiry was removed. The ACCC may issue a position paper, depending on the matters raised in response to submissions to the discussion paper.