Tribunal Backs ACCC in Optus Dispute
Written by Adam Gosling   
Thursday, 23 November 2006
The ACCC feels it's on a winner after triumphing in a decision by the Australian Competition Tribunal to reject Optus's proposed undertaking for the supply of its Domestic GSM Terminating Access Service.

Optus reckoned 17 cents per minute was a fair price to charge other carriers when they called phones on the Optus network next year, but the ACCC had its hopes set on something more like 12 cents per minute.

Optus took that to the tribunal in an effort to overturn the ACCC's decision to reject the Optus offer on the basis that they were not reasonable, but the tribunal has sided with the ACCC's and backed its decision.

The tribunal won't detail why it made that decision until Friday, 24th November, "subject to confidentiality issues being resolved".

What this means though is that the price Optus can charge its wholesale customers for call termination will be subject to normal commercial negotiations, but if the two can't reach an agreement, the ACCC will step in to arbitrate and agreement using it's 12 cents per minute access price as a guide to what should be considered fair.

This process is most likely to end in Optus charging no more than 12 cents per minute unless it has a very good reason not to.

The ACCC has engaged consultants to develop a costing model to assist in its consideration of prices for supplying the terminating access service after 30 June 2007, when its current pricing determination expires.

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