The ACCC collects a range of information from Telstra and other telecommunications providers to monitor competition, monitor market developments and inform regulatory decisions. The Minister can also require that the ACCC monitor and report on various aspects of competition within the industry.
The ACCC collects information through:
- Record Keeping Rules (RKR)
- Telstra-specific tariff filing powers, Part XIB, Division 5 of the Competition and Consumer Act 2010 (the Act), which require Telstra to provide retail pricing information in relation to its basic carriage services
- SSU compliance reports, as part of the ACCC’s monitoring of Telstra’s compliance with its interim equivalence and transparency commitments
- monitoring and reporting on the adequacy of Telstra’s compliance with retail price control arrangements that apply to certain fixed voice telephony services.
The ACCC also has the power to obtain information and documents from carriers and carriage service providers relevant to designated communications matters (relating to the performance of a function, or the exercise of a power conferred on the ACCC under legislation).
Under section 151BU of the Act, the ACCC has the power to make a RKR by written instrument and require that carriers and carriage service providers comply with it. The rules may specify what records are kept, how reports are prepared and when these reports are provided to the ACCC.
The following telecommunications RKRs are in operation:
- Customer access network (CAN) RKR
- Regulatory accounting framework
- Access to Telstra exchange facilities (TEF RKR)
- Infrastructure record keeping rules
- Division 12 Record Keeping Rule
- Building Block Model Record Keeping Rule
- NBN Services in Operation Record Keeping Rules
Revocation of the Bundled Service Record Keeping Rules
On 2 July 2014, in response to a request from Telstra, the ACCC decided to revoke the bundled services RKR. In place of the RKR, Telstra will provide the ACCC with annual briefings on its bundling practices. Telstra has agreed to proactively engage with the ACCC in relation to its bundling practices and provide briefings to the ACCC prior to releasing new bundled packages.
Telstra is therefore no longer required to report under the Bundled Services RKR.
Revocation of the Accounting Separation Record Keeping Rules
In February 2014 the Department of Communications held a public consultation on whether a 2003 Direction requiring the ACCC to make RKRs to oversee the accounting separation of Telstra should be revoked. Following this consultation the Minister for Communications revoked the Direction.
On 28 March 2014 the ACCC subsequently revoked the Telstra Accounting Separation Record Keeping Rules. Telstra is therefore no longer required to report under the Revised accounting separation RKRs: CCA, imputation testing, non-price terms and conditions.
Accounting separation reports
Quarterly snapshots of ULLS, LSS and DSL
Annual telecommunications reports
Access to Telstra exchange facilities
Parties providing data under an RKR can do so via RKRinbox@accc.gov.au