The Australian Competition and Consumer Commission today published the interim determinations, together with the statement of reasons, in two telecommunications access disputes regarding the supply of the mobile terminating access service* (MTAS) by Optus Mobile Pty Limited and Optus Networks Pty Limited (together, the Optus Entities) to Telstra Corporation Ltd (Telstra).
Under the Trade Practices Act 1974 the ACCC may make an interim determination in a dispute prior to making a final determination.
The interim determination sets out the charges to be paid by Telstra to the Optus Entities for the supply of the MTAS, except where agreed otherwise by the parties. The statement of reasons sets out the ACCC's reasons for the interim determinations. The interim determinations were made on 18 December 2006.
The interim determinations set a price for the MTAS of 12 cents per minute for the period commencing 1 January 2007 to 30 June 2007.
The ACCC is legally obliged to consult with the parties for a period of 14 days regarding publication of these interim determinations and statement of reasons. The ACCC began consultations on 25 January 2007 and considered relevant submissions before deciding to publish both interim determinations and the accompanying statements of reasons in their entirety.
Given that the legislation contemplates that arbitrations otherwise be conducted in private, the ACCC will not be making any further public comment at this stage.
The disputes relate to the charges, and other terms and conditions, for carrying that portion of a call which terminates on the Optus Entities' mobile network.
The interim determinations will be available on the ACCC website, www.accc.gov.au, under Published arbitration determinations.