Stuart Corner
Friday, 08 February 2008 08:54
Opinion and Analysis
Page 2 of 3
I've read
that letter closely, and I can't see where it indicates any change of position by the ACCC. If anything it confirms the consistency of the ACCCs' stated position.
Conroy first says: "I have sought advice from the ACCC on this matter and the chairman of the ACCC, Mr Graeme Samuel. Mr Samuel has advised: 'The ACCC has previously indicated that a compelling case has not been made for declaring and regulating third party access to a wholesale xDSL service (including ADSL and ADSL2+ services).' In addition Mr Samuel has directed me to a number of public statements he has made to this effect since the release of the ACCC's June 2006 position paper, A Strategic Review of the Regulation of Fixed Network Services, where the ACCC stated it: 'considers that a compelling case for declaration of a wholesale xDSL service at this time has not been made'."
Conroy continues: "Mr Samuel has informed me that this position has been reiterated publicly on several occasions, including in an address to the RACV Club 501 Business Forum on 26 October 2006 and to the Australian Telecommunications Users Group Annual Conference on 7 March 2007. Moreover, I understand that as recently as 17 December 2007, the ACCC publicly reaffirmed in its assessment of FANOC's special access undertaking in relation to the broadband access service that: 'Wholesale xDSL products are not currently declared or being considered for declaration in Australia'."
If there is any new advice from Samuel to the minister, it is this: "Mr Samuel has also advised me that the ACCC recognises the more enduring benefits of efficient facilities-based competition, including the uptake of the ULLS to provide high speed retail xDSL services, as opposed to competitors merely reselling a Telstra wholesale xDSL service. Furthermore, Mr Samuel has advised that on the basis of current market conditions, including the availability of the ULLS, the ACCC considers declaration of a wholesale ADSL2+ service is unlikely to be necessary should Telstra extend its current ADSL 2+ footprint."
