ACCC attacks Telstra on wholesale pricing

The Australian Competition and Consumer Commission (ACCC) has given Telstra just 12 weeks to turn over a new leaf following what it deems as anti-competitive behaviour in the ADSL arena.

Telstra's broadband retail prices would rise if wholesale costs became more competitive, the telco heavyweight has implied on the back of a 12-week deadline it's been given to change its conduct.

"The ACCC alleges that wholesale prices are too close together," Graeme Salt of Telstra's wholesale division told ZDNet Australia. -If the ACCC wants us to increase the wholesale gap do they really want us to increase ADSL retail pricing?"

Salt declined to reveal how much it cost Telstra to produce ADSL and how much it was selling it on to competitors for, but claims wholesale prices are -around cost at the moment".

However, the ACCC claims that Telstra -supplies its wholesale ADSL highspeed Internet services at prices whereby competitors buying the wholesale service are unable to compete with Telstra's own BigPond retail prices".

The competition regulator also says that Telstra is anti-competitive in that it -refuses" to structure its wholesale ADSL service in a way that would allow its competitors to offer services substantially different from those Telstra offers its residential and small business customers.

Furthermore, the telco leader -refuses" to configure its wholesale ADSL service so as to allow for a high-speed Internet service to be provided to a residential customer at a different quality of service from what Telstra BigPond offers, according to the ACCC.

"Telstra has unrivalled access to Australian consumers by virtue of its ownership of the customer access network. It is the ACCC's view that Telstra is taking advantage of this ownership in not offering a true wholesale ADSL service but merely 're-badging' its BigPond products and then selling them to competitors at uncompetitive prices," the ACCC said in a statement.

Telstra has criticised the ACCC for serving it with a competition notice today, in which it sets out the 12-week deadline, ahead of meetings the telco giant claims to have already lined up with watchdog for later this afternoon and Monday, September 10. The ACCC stipulates that if Telstra doesn't cull its anti-competitive behaviour within this timeframe it risks being stung with penalties exceeding AU$10 million.

-This is the second time the Commission has come out with a statement ahead of a [scheduled] meeting," said Salt, who described the ACCC's action as "postulating" and a -very good grab for its media profile".

-We had already arranged to meet with the ACCC to discuss these issues," Salt said. -We'll work with them to ensure the industry's and consumer needs are met."

Of the penalties, Telstra said -it shouldn't come to that".

OzEmail said it welcomed the ACCC's action against Telstra, saying the retail price of Telstra's own service and the wholesale rate they charge competitors is so similar that no business could survive if they tried to match Telstra's retail price.

-The Competition Notice is definitely in the best interests of Australians," OzEmail CEO, Justin Milne, said.

-The current situation is retarding the takeup of broadband services in Australia, which is ultimately affecting our national productivity. While the slow, inefficient, unreliable and possibly uncompetitive rollout of DSL might suit the monopolist telco, it definitely does not serve the nation's best interests, nor those of organisations like OzEmail who would like to provide DSL services to all Australians in a competitive manner to Telstra."

Talkback 7 comments

    I can't believe the damage Tel ...Anonymous -- 07/09/01

    I can't believe the damage Telstra has done to the Australian economy.

    The only beneficiary of a slow roll out of broadband in Australia is Telstra.

    About time. Why wait 12 weeks ...Keith Styles -- 11/09/01

    About time. Why wait 12 weeks tho? The present fiasco has persisted for over 12 months already!

    My money is on Telstra winning the legal battle as usual. The ACCC and TIO let Telstra do as it pleases, when overwhelmed with complaints from 1000's of users and only makes half hearted attemtps to stop its monopoly behavour. The lack of a level playing field does no one any favours except Telstra.
    Broadband and ADSL deployment has suffered immeasurable damage which will take years before it recovers fully.
    Without competition, Telstra's pricing policies combined with its incompetant technical implementation and poor level of service effectively suppress our ability to be leaders in the communications and business arena.
    By maintaining an inflated wholesale price for the Broadband services, as usual, Telstra fails to see that 100% of nothing is nothing ! and in the process, locks out all competition, which is of course what it's very good at!
    Its a joke the ACCC has allowed it to continue without taking the strongest action allowed under the legislation.
    Monopolies do not work in our best interests. They are self serving. We never learn!

    Telstra needs to be better reg ...Anonymous -- 11/09/01

    Telstra needs to be better regulated.

    It becomes more and more apparent that Telstra will continue to abuse its monopoly position.

    Telstra hopes that people do not voice their opinions and that the media could be bought by placing huge advertising campaigns.

    However, it does not seem to work the way Telstra expected.

    What happens to iPrimus ADSL u ...Anonymous -- 20/11/01

    What happens to iPrimus ADSL unlimited plans now?
    This anti-competitive behavior has prevented lots of users from other providers from using a viable service so telstra can hog the market and make a few billion!! GO ACCC!!!
    What really maters is how many years it'll take for the telstra cost cut to flow on.

    Frankly I think a threat of $1 ...Ernst Preuss -- 30/11/01

    Frankly I think a threat of $10M is not enough. If they multiplied it by 10 and on top of that threaten the CEO's yearly 6 figure 'performance bonus' , then the bulls*t will stop so fast, one's head will spin.

    Telstra have proven time and again that 'quick profit' is priority 1, 2 and 3. issues like customer satisfaction, service levels and employee security don't even get on the list.

    Telstra is Government (majorit ...John L Devlin -- 28/12/01

    Telstra is Government (majority)owned .
    Government Ministers can effect change.
    They ONLY do so when motivated by self-interest as this is irreversibly locked into the DNA of the beast.
    Forget Class Actions.
    Embarass and harass your Local Member.
    Better still....embarass and harass the Government Minister responsible, on a daily continual basis until positive remedial ACTION is initiated and carried through to the level of service we have ALREADY PAID FOR!!!
    Such action is the grist of a Government Minister's worst nightmare.
    If a respected publication or Web Site such as ZDNet would offer such a petition service, where the average web surfer would view it I believe the response would be overwhelming.
    The Telstra lies would cease in a heartbeat...
    " a new and complex service" (Pardon!!)
    " only the Sydney area " (What!!!) )
    " 98.1 % reliability " (I must be the 1.9% )
    Heck you know the stories.
    Options.....I don't have any....not many do.
    I signed for 18 months.
    Optus is not in my area.
    Cable is not in my area.
    How about it ZDNet?
    John L Devlin

    Telstras latest offer to ADSL ...Anonymous -- 15/02/02

    Telstras latest offer to ADSL users is touted as an opportunity to reduce your cost. It uses words like you may be able to take advantage of cheaper rates etc. Telstra states that the vast majority of users, use less than one gigabyte of traffic (when I joined they claimed that up to 3 gigabyte was what most used) yet users who fail to do anything with regard to choosing a new plan will be automatically placed on the 3 gigabye plan which is considerably more expensive. That this hasn't been jumped on by the consumer watchdog amazes me, here is a company claiming to reduce costs for users while at the same time increasing costs for all but a very small proportion of them. Telstras advertising with regard to this is both misleading and dishonest and they should be fined for there actions.

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