On 18 November 2009, the ACCC released a final decision to vary the class exemptions for the wholesale line rental (WLR), local carriage service (LCS) and public switched telephone network originating access (PSTN OA) services. The variations ensured the class exemptions were consistent with the individual exemption orders handed down by the Australian Competition Tribunal.
Background
In August and October 2008 the ACCC made class exemptions for the wholesale line rental (WLR), local carriage service (LCS) and PSTN originating access (PSTN OA) services in line with section 152AS of the Trade Practices Act 1974 (the TPA).
The class exemptions were made at the same time as the ACCC made conditional individual exemption orders, under section 152AT of the TPA, relating to Telstra’s supply of these services. The class exemptions were to operate in the same exchange service areas (ESAs) and have the same practical dates of operation as the individual exemption orders applying to Telstra.
In August and September 2009 the Australian Competition Tribunal varied the individual exemptions orders applying to Telstra.
On 14 October 2009 the ACCC issued a draft decision proposing to vary the WLR, LCS and PSTN OA class exemptions to ensure that the class exemptions were consistent with the individual exemption orders applying to Telstra in relation to:
- the ESAs the class exemptions operate in
- the practical dates of operation of the class exemptions.
The draft decision sets out the reasons for the proposed variations and contains:
- the class exemptions made by the ACCC in August and October 2008 in respect of the WLR, LCS and PSTN OA;
- the proposed variation instruments
- accompanying explanatory statements for the proposed variation instruments.
The ACCC sought submissions in response to the draft decision by 23 October 2009.
The ACCC received two submissions in response to the draft decision.
Queries in should be directed to Melanie Rainey on (03) 9290 1868 or melanie.rainey@accc.gov.au in the first instance.