Commission’s approach to Model non-priceCommission’s approach to Model non-price terms and conditions

Commission’s approach to Model non-price terms and conditions

In developing non-price model terms and conditions, the Commission took the view that it first needed to determine the specific matters that should be covered by the Determination.

As previously mentioned, the Explanatory Memorandum supports the view that the Commission does not have to make a determination in respect of each and every term and condition of access. Accordingly, the Commission has adopted a process that allows it to focus on the main issues arising between access providers and access seekers which have been identified by industry participants.

The Commission identified the following areas as key contentious non-price terms and conditions which it decided to examine in detail as part of the process of developing model non-price terms and conditions:

faults / maintenance;
billing and notifications;
service migration;
suspension and termination;
access to information systems;
liability provisions;
creditworthiness;
dispute resolution processes;
confidentiality agreements; and
communications with end-users.

Limiting the areas that model terms and conditions address in detail was seen as an effective and timely strategy for fulfilling the Government’s requirements given the limited timeframes involved. This is also consistent with achieving the underlying objective of providing greater transparency and information to the market place in order to encourage the resolution of disputes through commercial negotiation in those areas which are potentially most contentious.