Will Telstra get another parking fine?

commentary The telecommunications industry is keeping a close eye on the nation's competition regulator this week.

Renai LeMay, ZDNet Australia The Australian Competition and Consumer Commission (ACCC) is widely tipped to be on the verge of resolving two of the industry's thorniest problems.

Telstra and the regulator are reportedly close to inking a deal that would see Telstra commence building the Fibre to the Node (FTTN) national broadband network it put on hold in December.

Telstra temporarily halted building the network due to its belief government regulations would force it to open the fibre-optic infrastructure to rivals as it currently has to do with its copper equivalent.

After several appeals from Telstra to the federal government to change those regulations, it finally appears as if Telstra and the ACCC may be on the verge of a breakthrough.

In a separate development, the ACCC reportedly will soon issue Telstra with a competition notice over the company's December increase of line rental charges to its wholesale customers.

Telcos like Optus, AAPT and Primus have been complaining for months about the line rental increases, with Primus threatening to take the matter to the Federal Court.

The last competition notice issued in the telecommunications sector was over a similar issue on broadband pricing back in March 2004.

At the time most saw the notice as a huge victory for competition in broadband, but six months later the ACCC resolved its issues with Telstra and slapped it on the wrist with what some saw as an AU$6.5 million "parking fine".

"Given the damage that Telstra's conduct caused the industry as it reaped outstanding benefits, the $6.5 million Telstra now has to pay could be characterised as an excellent investment," Primus' regulatory affairs manager Ian Slattery said at the time.

"This demonstrates the failure of the telecommunications competition regime and the need for its urgent rehabilitation before Telstra is unleashed as a fully privatised entity," Slattery said.

Clearly Telstra still sees the ability to control wholesale prices as a competitive advantage, and why shouldn't it? The telco's planned FTTN network also fits into this category.

Realising this, the superficial challenge before the ACCC with both of these issues is how to regulate the giant in a way that will maintain and foster competition.

However the real problem for the regulator is how to avoid being seen as ineffectual by an industry that well remembers the "parking fine" the ACCC issued this time last year. A repeat offence on the part of the ACCC could see more local telcos give up on the regulator and start lobbying the Federal government to intervene.

Will the ACCC fold before Telstra's might or sink the boot into the giant telco? Send your thoughts to renai.lemay@zdnet.com.au.

For more views from the trenches of Australian telecommunications, visit my blog:
Full Duplex
http://www.zdnet.com.au/blogs/fullduplex

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Talkback 5 comments

    The ACCC is all bluster & white noise! Keith Styles -- 12/04/06 (in reply to #120132683)

    Being a paper tiger is the ACCC's favourite role.
    It has taken almost 18 months to make this decision. In 18 months it will still be threating the countries largest monopoly with a slap on the wrist!
    Meanwhile TELSTRA rips off all Australians and laughs in the ACCC's face.
    The ACCC is nothing more than an extension of the Federal Government who does nothing to ensure the voters who put it into power get a fair deal. This government is all about BIG business & to hell with the consumer!!
    Does anyone really believe the ACCC protects the consumer????

    Re: The ACCC is all bluster & white noise! Renai LeMay -- 12/04/06 (in reply to #120132684)

    Hi Keith,

    you're certainly not the first one to describe the ACCC to me as a paper tiger! But I wouldn't say they're entirely toothless ... while Telstra's broadband move back in 2004 did jilt a few of its competitors, the regulator did eventually succeed in getting Telstra to change its wholesale prices.

    Plus I know from speaking to them that they've got some extremely smart guys working there ... let's hope they can sort the current issues out.

    As for the government, they must be doing something right -- there is a lot more competition in broadband than there was ten years ago, or even a couple of years ago.

    Kind regards,

    Renai LeMay
    News Journalist
    ZDNet Australia

    RE: Telstra and ACCC Anonymous -- 12/04/06 (in reply to #120132688)

    There is definitely more competition than there was a few years ago, at least I can get ADSL where I live now, being only 5 KM from the CBD, I wasn't about to 3 years ago. The best anyone can hope for is for Telstra to split into wholesale and retail; Telstra Retail can then use the most competitive services provided by wholesalers (ie. Optus) thus passing savings to the consumer; The interest in the Telstra wholesale division should be to connect Australian Network and not to compete for market share in the consumer market.

    Re: Telstra and ACCC Renai LeMay -- 12/04/06 (in reply to #120132689)

    So true. I remember back when I was at uni, thinking the fastest connection in the world was being able to live on campus and get 10Mbps speeds to the AARNet.

    Now I can ADSL2+ to my desktop at home and can download ISOs even faster than I could at uni! And that's only half a decade or so of progress.

    The market has definitely improved.

    Regarding the Telstra retail/wholesale split, it is definitely going ahead, but the real test for the industry will be how effective it is ... if I was Telstra I wouldn't exactly be jumping to comply with the letter of the law on separation.

    Renai LeMay
    News Journalist
    ZDNet Australia

    Keith is right ! Anonymous -- 13/04/06 (in reply to #120132684)

    I agree with Keith. The ACCC have done nothing with this issue, just like they've done nothing with the petrol price fixing scandal.

    It's funny, the ACCC seem to have the same attitude to pursing culprits as ICAC. Just a lot of hot air and wasted (taxpayers) money.

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