ACCC: Telstra submits revised ULLS monthly charge undertaking

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This was lodged on 3 March, at the same time as it withdrew its previous ULLS undertaking dated 21 December 2007.

The ACCC had raised concerns with Telstra about malfunctions in its Telstra Efficient Access model, and lack of supporting documentation accompanying the TEA model. The ACCC requested that Telstra provide it with further information under the Trade Practices Act 1974.

Telstra has submitted a revised TEA model and other supporting documentation with its revised ULLS undertaking.

Telstra has sought to impose several conditions on the ACCC regarding use of the TEA model. The ACCC has previously rejected these conditions and continues to do so.

The charges proposed in the revised ULLS undertakings are the same as in its withdrawn ULLS undertaking. Telstra proposes a monthly charge of $30 for each ULLS in Band 2 Exchange Service Areas (ESAs) applying for the period to 31 December 2010.

In the ULLS undertaking lodged in December 2005, Telstra proposed a price of $30 averaged across all ESAs. The ACCC rejected the undertaking as it could not be satisfied that the undertaking was reasonable. This decision was affirmed by the Australian Competition Tribunal on review.

The ACCC will now prepare a discussion paper seeking submissions on the undertakings.

Although the formal consultation period will begin when the discussion paper has been issued, the ACCC has issued Telstra's revised ULLS undertaking at this time to allow interested parties a longer period of time in which to assess the proposal.

According to a statement to the press, the ACCC said it was aware that Telstra has proposed confidentiality undertakings for access seekers to sign for access to the TEA model.

The ACCC is concerned that there have been difficulties between Telstra and access seekers reaching agreement on the confidentiality undertaking. The ACCC will continue to monitor the progress of negotiations, stated the government body.
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