Published arbitration determinations
The Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010 (CACS Act) removes the access dispute provisions from the Trade Practices Act 1974 (TPA) from 1 January 2011. However, the transitional provisions of the CACS Act provide that a party may still notify an access dispute to the ACCC in relation to a declared service until a final access determination is made in relation to the declared service.
The ACCC may decide to publish an interim or final determination that it has made in an arbitration. A statement of reasons for the determination may also be published.
The TPA requires that where the ACCC proposes to publish a determination the ACCC must consult with the parties to that arbitration. Each party has 14 days to provide a written submission identifying any parts that should not be published along with the party’s reasons for that view.
The legislation also provides that when making its decision to publish a determination the ACCC must consider:
The ACCC has decided to publish the following determinations.
Published arbitration determinations — internal interconnect cable — line sharing service and unconditioned local loop service (LSS & ULLS)