ACCC claims reasonable terms of access to ULL service

In a statement to the press, the ACCC claimed the published “final determinations specify certain terms on which Telstra supplies the ULLS to Chime and Optus”. According to the ACCC a dispute notified by Primus has also been resolved in a manner consistent with and on the same date as the Chime and Optus determinations.

The ACCC has recently published final determinations made in the Primus-Telstra (monthly charge) and PowerTel-Telstra ULLS (monthly and connection charges) access disputes, it stated. “The determinations published additionally specify call diversion and service qualification charges, as well as certain non-price terms of access, which were not the subject of dispute in the other published disputes,” said the ACCC. The disputes were notified in 2005 and the determinations are to apply until 30 June 2008, with backdating and interest.

According to the ACCC, it has specified a ULLS call diversion connection charge of $9.20 per service in 2007-08. It also specified the circumstances under which a service qualification charge of $6.50 can be levied by Telstra. Further, the ACCC determined certain non price terms of access relating to indemnities for third parties, Telstra's ability to amend operational documents unilaterally and confidentiality.

In publishing these ULLS final determinations, the ACCC claims to continuity in ensuring “the market is fully informed of the reasonable terms of access and pricing for the ULLS which will bring significant benefits to consumers of voice and broadband services.”

The ACCC is currently finalising its consultation process on indicative prices for various aspects of the ULLS for 2008-09.
The ACCC has published these final determinations following a compulsory legislative consultation period on publication with the parties concerned. The final determinations and accompanying statements of reasons will be available on the ACCC's website.

While the ACCC finalised terms of access to ULL service, Optus has cried foul over the price Optus mobile and Optus network have to pay to Telstra for the Domestic Mobile Terminating Access Service. The ACCC was notified of this matter under Part XIC of the Trade Practices Act 1974.

According to the ACCC the Domestic Mobile Terminating Access Service is a wholesale input, used by providers of fixed-to-mobile and mobile-to-mobile calls, to allow their customers to call mobile phone users. It allows consumers (either fixed-line or mobile) to call mobile users connected to another network. The carrier whose customer initiates the call pays the carrier whose customer receives the call for the mobile terminating access service.

The ACCC has commenced the arbitration process for these access disputes. Given that the legislation states that arbitrations be conducted in private, the ACCC will not be making any public comment at this stage.

accc access claims collaboration networking of reasonable service terms to ull