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CORRS CHAMBERS WESTGARTH
L A W Y E R S
Telecommunications
Telecommunications: The Facilities Access Regimes and the Roles of the ACCC and the ACA Helen Wills
CORRS CHAMBERS WESTGARTH
Telecommunications Overview
Telecommunications Act 1997
Access Regimes for:
supplementary facilities
transmission towers, tower sites and underground facilities
Roles of the ACCC and the ACA
Latest Developments
CORRS CHAMBERS WESTGARTH
Telecommunications Telecommunications Act
1997
Part of substantial legislative package
Established a new regulatory framework
Opened the market to competition in telecommunications infrastructure and services
Established a number of regimes to enable access to existing and future infrastructure and services
CORRS CHAMBERS WESTGARTH
Telecommunications Basic Carrier Obligations
Imposed by the Telecommunications Act on licensed carriers
Consumer and community obligations
Obligations to promote competition in telecommunications
Requirement to comply with the Act including the Schedule 1 Standard Carrier Licence Conditions
CORRS CHAMBERS WESTGARTH
Telecommunications
Access to Supplementary Facilities
Standard Carrier Licence Condition
Obligation on a carrier to provide other carriers with access to supplementary facilities it owns or operates
broad definition of “supplementary facility”
“telecommunications network”
“own or operate” requirement
CORRS CHAMBERS WESTGARTH
Telecommunications
Access to Supplementary Facilities
Requirements for Valid Access Request
sole purpose to enable access seeker to provide competitive facilities and services
request is reasonable
access seeker gives reasonable notice
facilities, other than customer cabling or customer equipment, installed before 30 June 1991 or obtained after then other than by means of commercial negotiation
CORRS CHAMBERS WESTGARTH
Telecommunications Access to Supplementary
Facilities
Reasonable Request
long-term interests of end-users
Part XIC of the Trade Practices Act and access objectives
competition
connectivity
use of / investment in infrastructure ACCC understanding and role
CORRS CHAMBERS WESTGARTH
Telecommunications Access to Supplementary
Facilities
Terms and Conditions of Access
carriers expected to agree
ACCC arbitration
Enforcement:
ACCC responsible for regime
breach of licence condition
ACCC action
CORRS CHAMBERS WESTGARTH
Telecommunications Access to Towers, Tower Sites
and Underground Facilities
Standard Carrier Licence Condition
Obligation on a carrier to provide other carriers with access to towers, tower sites and underground facilities it owns or operates
“telecommunications transmission tower”
“eligible underground facility”
“giving access” to a tower
CORRS CHAMBERS WESTGARTH
Telecommunications Access to Towers, Tower Sites
and Underground Facilities
Requirements for Valid Access Request
Tower or tower site - sole purpose to enable access seeker to install a facility for use in the supply of a radio-communications carriage service
Underground facility - sole purpose to enable access seeker to install a line to supply a carriage service
access seeker gives reasonable notice
technically feasible
CORRS CHAMBERS WESTGARTH
Telecommunications Access to Towers, Tower Sites
and Underground Facilities
Reasonable Notice
individual circumstances
sufficient time to enable carrier to make arrangements to facilitate access
CORRS CHAMBERS WESTGARTH
Telecommunications Access to Towers, Tower Sites
and Underground Facilities
Technical Feasibility
ACA certificate application process
matters relevant to technical feasibility:
technical or engineering difficulties
health and safety issues
practical means of avoidance
other relevant matters
CORRS CHAMBERS WESTGARTH
Telecommunications Access to Towers, Tower Sites
and Underground Facilities
Terms and Conditions of Access
carriers expected to agree
ACCC arbitration
ACCC Facilities Access Code:
ACCC rationale for Code
administrative and operational procedures
CORRS CHAMBERS WESTGARTH
Telecommunications Access to Towers, Tower Sites
and Underground Facilities
Sharing Towers, Tower Sites and Underground Facilities
carriers to co-operate to share facilities when planning future services
ACA thinks carriers should make reasonable attempt to notify other carriers that may wish to share facilities before establishing own
CORRS CHAMBERS WESTGARTH
Telecommunications Access to Towers, Tower Sites
and Underground Facilities
Enforcement
ACA responsible for regime
breach of licence condition
ACA action
CORRS CHAMBERS WESTGARTH
Telecommunications Access Strategies
Likely Strategies to Delay Access
relying on exemptions (eg: not technically feasible)
onerous price and non-price terms in proposed access agreements
claiming expected future requirements
delaying negotiations and opposing arbitration