Telstra warns of legislative loophole

Telstra has welcomed a Department of Communications, Information Technology and the Arts (DCITA) announcement regarding a series of legislative reforms designed to boost competition in the telecommunications sector. However, the telecommunications giant has warned of an anti-competitive loophole which may see the incumbent telco out of pocket.

A spokesperson for Senator Alston said the changes would strengthen the ongoing push for accounting separation within Telstra, and shore-up the industry's regulatory regieme.

"It is a combination of requiring a accounting separation from Telstra and allowing a series on ex-anti undertakings to allow carriers more certainty then it comes to investment in the sector," the spokesperson said.

While Telstra is refusing to comment on the strengthening of accounting separation requirements at this stage, a spokesperson for Telstra said the company supported measures to encourage investment in the telecommunications infrastructure, and encourage accountability. However, he warned that changes made to the resolution of bilateral disputes, as opposed to industry-wide undertakings, could have a negative effect on Telstra.

"The government has left a loophole by failing to ensure the Australian Competition and Consumer Commission (ACCC) considers industry-wide undertakings ahead of arbitrations," the spokesperson said. "This means our competitors can manufacture disputes for the ACCC to decide, because they know the ACCC sets extremely low prices. If we see more disputes arise it will be evidence our competitors are playing the system."

The proposed regulatory changes come in the wake of a report released by the Productivity Commission in December 2001, outlining a series of recommendations to encourage competition in the telecommunications sector.

According to the Department of Communications Information Technology and the Arts, the bill will

  • provide a telecommunication investment 'safe harbour' for infrastructure and broadband rollout by providing increased certainty regarding ACCC undertakings,
  • require the ACCC to produce model terms and conditions for 'core' telecommunication service
  • improve the safeguards regarding ACCC 'advisory notice' procedures, and require the industry body to enter into consultation with the affected party before issuing the notice
  • increase the transparency of Telstra's wholesale and retail operations through the preparation and publication of regulatory accounts.
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Talkback 2 comments

    Yeah, Telstra rorts the system ...Anonymous -- 25/09/02

    Yeah, Telstra rorts the system because it can. When the shoe is on the other foot and someone can rort them, they whinge. Get real Ziggy and cop a litle of a portion of the shafting that you are doing to everyone else in Australia on a regular basis.

    Talk about a dummy spit. T(H)e ...K.Styles (A very,very disgruntled user) -- 25/09/02

    Talk about a dummy spit. T(H)elstra hates it when they are forced to play the competition game. The ONLY way to get a fair and competitive Telco market place is to remove the T(H)elstra monopoly. It is NOT a free and competitive market as long as T(H)elstra controls the infastructure and the wholesale pricing.
    All we have at present is a FOLLOW THE LEADER pricing game which T(H)elstra controls.
    The sooner the ACCC has the power to force the wholesale price issue, the sooner we will approach a competitve environment. That is what T(H)elstra fears the most,..their loss of monopoly control. They are past masters at it!

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