Chime Communication's response comes on the back of a Productivity Commission report submitted to the government, recommending the elimination of anti-competitive provisions in Part XIB of the Trade Practices Act.
Chime managing director Andrew Milner explained that under the Trade Practices Act the ACCC has a catch-all mechanism that enables disputes which don't fit into specific parameters of Part XIC of an arbitration process to fall back on Part XIB.
-The problem is there is a loophole which exists [in Part XIC] that enables Telstra to get out of any dispute commission wants to discuss," Chime managing director Andrew Milner said.
-The danger is that if Part XIB is scrapped, there'll be nothing to fall back on in disputes with Telstra."
Chime is currently awaiting a decision on a dispute lodged through the ACCC against Telstra for anti-competitive behaviour.
A spokesperson for the Minister for communications, information technology and the arts, Senator Richard Alston, says that all recommendations by the commission will be consider, adding that the government will still endeavour to -ensure that Australia continues to receive benefits from having more carriers, more service and lower prices".
ACCC's Micheal Cosgrove told ZDNet there is a need to be able to move quickly against anti-competitive behaviour in the rapidly moving industry such as the technology sector.
-The Productivity Commission's view is that there is a chance that the ACCC may over-reach itself, but we don't agree," he said.
I have another bit of news that not many people know. I found recently that Telstra are gradually downgrading the phone services by introducing RIMMS into the Network.
For users to gain services such as ADSL or OnRamp they need to have a connection on straight copper from the exchange. I had this until about 6 months ago, telstra converted the copper to Fibre Optic and added a Hub, them removed the copper.
This means that I cannot get ADSL nor the other uses in my area who 6 months ago had the capability.
I am really %#%# off as I run a web business and need ADSL or Onramp.
3 years ago when I moved to these premises I asked and paid for the capability only to find that they have recently taken it away.
Upon speaking to the Telstra linesman, he informed me that this is happening all over the place so telstra can save money.
Let me know if anyone else has had this happen to them, I am writing to my local member of parliment to see what they can do for small business.