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AAPT wants Optus reined in too

AAPT chief executive Paul Broad has called on the government to boost the competition regulator's power to rein in both Telstra and Optus from moves he claimed were stifling competition in the fixed line and broadband markets.

It is easy to point the finger at Telstra, but Optus is equally culpable for the role it has played in prohibiting a competitive environment

AAPT CEO Paul Broad

The comments came as AAPT made a submission in response to the government's Regulatory reform for 21st Century Broadband discussion paper. AAPT has proposed greater power for the Australian Competition and Consumer Commission (ACCC) to declare services and set prices and access terms.

"It is unacceptable that businesses and consumers either suffer extensive delays in moving their services from Optus to a competitor, or cannot move at all, simply because there is no regulated process. It is easy to point the finger at Telstra, but Optus is equally culpable for the role it has played in prohibiting a competitive environment," said Broad.

Broad called on the government to "enhance the power of the ACCC" so it can impose greater transparency on the costs that second tier telcos face.

"The industry lacks simple governing rules and transparency. We believe it is absolutely necessary to enhance the power of the ACCC if a truly competitive market is to prosper," Broad said. "For example, it would be interesting to see what value Telstra's retail division would derive if it was regulated to pay the same price for services as AAPT is charged by Telstra's wholesale division."

Broad complained that it was almost impossible for it to compete for customers of Telstra BigPond and Optus' retail division because the incumbent provider would, through gamesmanship, make it too difficult for customers to swap services.

The submission also claimed AAPT faces problems in building competing infrastructure into telephone exchanges.

AAPT's submission is one of dozens expected. The discussion paper, in the lead-up to the government's $43 billion National Broadband Network, is set to play a key role in determining the future of the telecommunications industry.

Telstra has remained quiet on the issue and stands to lose the most if Optus achieves its long-held goal to split Telstra's wholesale and retail divisions — in a large part to boost Optus' play in Australia's fixed line market.

"At the heart of the problem lies the vertical integration of Telstra, an oversight of the 1997 Telecommunications Act which we argue needs to be rectified if we are ever to have true competition in the Australian fixed line market," Maha Krishnapillai, Optus' director of Government and Corporate Affairs, said today of its submission.

"Twelve years after the telecommunications market was opened up to competition, Telstra continues to dominate the fixed line market, taking over 70 per cent of fixed line revenues and an even greater share of the fixed line profit pool," he added.

The Competitive Carriers Coalition, which includes Hutchison, Macquarie, Verizon Business, PowerTel, Primus, TransACT, iiNet and Agile Communications has called for the separation of Telstra's wholesale and retail arms, but went a step further, according to executive director David Forman, by also calling for the separation of Telstra's hybrid fibre-coaxial network and its share in the Foxtel cable network.

"We want the government to give the ACCC not just stronger powers but clearer direction about using anti-competitive conduct powers," Forman told ZDNet.com.au.

Today's submissions follow 82 previously received under the initial NBN proposal, which revealed a widespread dissatisfaction with the current regulatory regime.

Talkback 24 comments

    Telstra's Monopoly, also plays against consumers Anonymous -- 03/06/09

    I have pleaded with Bigpond to provide services at prices more like those that i can obtain from its competitors.

    Their response is so limp that it cold not hold water.

    It makes me more likely, when my fixed contract runs out in 4 months, to go to a competitor, and save up to $ 30.00 per month for a faster service.

    I would have thought that with new Management, a fresh breeze might go through the Company, enabling customers of more than 40 years, to enjoy some benefits.

    Apparently not so, as i now have sent off a third reply, requesting a new set of Plans, or plan which despite the monopoly, other ISP's can offer.

    Give the poor guy a break Terry -- 03/06/09 (in reply to #320141000)

    "I would have thought that with new Management"

    I hope you don't mean David Thodey? The guys barely been at the helm for a few weeks, you can't expect him to work miracles and make mass sweeping changes overnight. Give it 3-6 months and see how things are going before you judge him too harshly.

    Telstra's monopoly Anonymous -- 09/06/09 (in reply to #320141000)

    One way to solve your Bigpond problems is to move to Optus, or one of the other players. They're cheaper and faster. Telstra are hoping they can fool the market by playing on their story of better coverage, better service, etc, and charge more for it. Don't fall for it, the competition is very viable and effective...

    competition Steve -- 03/06/09

    If Maha Krishnapillai wants competition then optus can go and build their own network and not rely on another companies infrastructure.

    of course xBeanie -- 04/06/09 (in reply to #320141019)

    Yes, because the federal, state and local governments are more than happy for them to rip up roads and footpaths, erect towers etc required to do that. And no doubt telstra will gladly share the decades old buildings that they inherited for exchanges.

    @competition steve -- 04/06/09 (in reply to #320141019)

    Steve they did but then decided it was cheaper to use Telstra's cable that thier own.

    thats the law, ever vheard of it little fanboi? Anonymous -- 04/06/09 (in reply to #320141148)

    and why not. sob and chuck tantrums all you like little fanboi, but that is the law and they are doing nothing wrong.

    Maybe steve -- 05/06/09 (in reply to #320141162)

    But this may be the reason there is a lack of investment in communications within Australia where the ACCC deems the price a wholesaler can change. Whereas in mobiles the ACCC is not involved and as a result there is a lot of competition.

    maybe not Anonymous -- 05/06/09 (in reply to #320141229)

    thats because all participants were on an *almost* equal footing to start with in mobile. whereas in fixed telstra already had a huge head start known as the nation wide pstn, before anyone else was even allowed to trade.

    this is why regulations were and still are required. its not that difficult to see the difference between fixed and mobile, if you actually want to see the difference.

    @competition Terry -- 04/06/09 (in reply to #320141019)

    Optus do have their own infrastructure, in actual fact for the most part the only time Telstra comes into play is on the last mile copper portion when it is required for the service. Other than that Optus has 20 or so of it's own large exchanges, IOFs between major capitials with ADMs in between, HFC network, GSM and 3G networks, etc, etc. You seem to be of the impression that Optus is purely a Telstra wholesale provider which simply isn't the case.

    As for the whole "Optus should get it's own copper" argument, this is where Telstra has a monopoly and this isn't going to change. As much as you may complain that maybe Optus should put their own in, the bottom line is that most people would be questioning why they need to have another phone line installed to their homes when they only need one, and would stop the 2nd line being installed no matter who was installing it.

    good points terry, but also... Anonymous -- 04/06/09 (in reply to #320141167)

    good points terry.

    but as well, why would optus want to spend 100's of m's to "get it's own copper" when they are legally entitled to use the copper which is already there! it's just a no brainer.

    hey, no brains telstra shareholders.

    re HFC steve -- 05/06/09 (in reply to #320141167)

    Terry you seem to a a very good knowledge of the Optus network. In respect to the HFC network why does it appear that Optus prefer to use Telstra's cable in lieu of their own when they run in the same street. Wasn't this the arguement in the recent court case.

    ...and Anonymous -- 05/06/09 (in reply to #320141231)

    ...and optus won that court case and telstra lost, so it is law. stop crying and get used to it.

    re HFC Terry -- 05/06/09 (in reply to #320141231)

    In HFC available areas Optus only use Telstras copper pairs for business services due to the higher reliability and better restore time associated with them. That's not just solely due to Telstra's SLA's but also due to the nature of the service itself. For reference I don't think Telstra use it's HFC to deliver business services either.

    On the flip side for residential customers they will only be delivered a HFC provided product when it is available to them, and (excluding exceptional circumstances) won't be provided a DSL type product.

    Competition Anonymous -- 09/06/09 (in reply to #320141019)

    Steve...Of course Optus has built it's own network. It has done so with it's own money and not one based on the original investments of the Australian taxpayer like Telstra has. We need a level playing field in Australia and by leaving Telstra as is with the unfair advantage it has, we won't get one.

    competition or not competition Anonymous -- 11/06/09 (in reply to #320142278)

    The original investments of the Australian taxpayer were sold. We may not like it, it was said it was stupid to do so, but the public was fooled by the Liberal party. Now there is a corporation operating in the market with a large share, it can't be a monopoly if it has competitors, even if they are handicapped by Telstra's size/assets. Government control of Telstra was passed to shareholders, just like Optus and AAPT's shareholders supposedly control them. Now are you trying to suggest the Government make corporation specific laws ?, because once they do that, they can do it to any of them. The NBN is the best way around this. It will replace copper in time and acts like structural separation.

    And ... RS -- 05/08/09 (in reply to #320142733)

    "The original investments of the Australian taxpayer were sold"......

    Yes but, "with rules and regulations in place to offset the monopoly Telstra inherited before being sold to shareholders".

    That's obviously why we have regulations.

    Shareholders knew it and if they didn't well they didn't read the prospectus'.

    'Monopoly Myth' Anonymous -- 04/06/09

    Singtel/OPTUS really do want everything on a platter. Not only do they have a level playing field with the NBN but now the foreig owned Singtel/Optus want the government to grant more free kicks but dismembering Telstra for their own disengenouis advantages by chopping Telstra off at the knees. The same Telstra that invests heavily in this country on both services and infrastructure. if only Singtel/OPTUS did the same instead of spongeing all the time!

    Monopoly Myth Anonymous -- 04/06/09

    Singtel/OPTUS really do want everything on a platter. Not only do they have a level playing field with the NBN but now the foreig owned Singtel/Optus want the government to grant more free kicks but dismembering Telstra for their own disengenouis advantages by chopping Telstra off at the knees. The same Telstra that invests heavily in this country on both services and infrastructure. if only Singtel/OPTUS did the same instead of spongeing all the time!

    eh? Anonymous -- 04/06/09 (in reply to #320141111)

    is that anonymous or anonymous *disengenious* lawrence?

    @eh? Steve -- 04/06/09 (in reply to #320141120)

    If you did some reading you will notice that Sydney never goes by anonymous

    @@eh Anonymous -- 04/06/09 (in reply to #320141147)

    yeah right and santa and the tooth fairy are real too, idiot!

    is Singtel/OPTUS genuine? Anonymous -- 04/06/09

    nah mate! just like BOPTUS & their so called joke Tierria proposal for NBN!

    Sydney is more genuine then you Singtel boys will ever be about australia's future!

    is singtel/optus genuine? Anonymous -- 04/06/09 (in reply to #320141124)

    sydney mike?

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