Enhancing the effectiveness of telecommunications access regulation: moving from a "negotiatearbitrate" to an "up-front decision" model

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Abstract

An effective telecommunications access regime is critical to the quality of product and pricing provided to consumers of telecommunications services. Pt XIC of the Competition and Consumer Act 2010 (Cth) provides a framework for network access that requires carriers and carriage service providers of declared services to provide access to competitors on agreed terms and conditions. In recent years, there has been growing industry dissatisfaction with the operation of Pt XIC, especially for the role it is perceived to have played in hindering the deployment of high speed broadband services in Australia. The Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2009 (Cth) substantially amends Pt XIC and replaces the present “negotiate-arbitrate” model of access determinations with a new “up-front decision” model. This article analyses the effectiveness of the present law and considers the merits of the proposed reform.
Original languageEnglish
Pages (from-to)297-308
Number of pages12
JournalAustralian business law review
Volume39
Issue number5
Publication statusPublished - 2011

Keywords

  • telecommunications law
  • access
  • NBN
  • Pt XIC
  • telecommunications competition

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