Final Determination Model Non price Terms and Conditions
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Commission’s view
Should an access seeker be required to pay disputed amounts prior to resolution?
The Commission considers it reasonable for a payer to withhold disputed amounts if a dispute is notified prior to the due date for payment of the invoice to which such amounts relate. Conversely, however, the Commission does not consider it unreasonable for a payer to be required to make payment of a disputed amount if a dispute is notified after the due date for payment.
However, a number of further considerations are relevant to this issue. Firstly, the payer must be given a reasonable time within which to identify disputed amounts, particularly considering the sometimes complex nature of wholesale telecommunications invoices. The Commission considers that 20 business days is appropriate. Secondly, the payer must be given sufficient billing information to determine whether there is a basis for disputing an invoice. If insufficient billing information is made available, the payer is not in a position to make an informed decision about whether or not the bill should be disputed. Consequently, there cannot be any expectation that payment should be made prior to a dispute being notified.
Finally, the Commission considers it fair and reasonable that an access seeker have reasonable opportunity in terms of timeframe within which to dispute an invoice.
Should there be specific time frames and rules regarding billing enquiries and disputes?
As a general rule, time frames relating to billing enquiries and disputes should be fair and reasonable. To this end, such time frames should enable each party sufficient (but not excessive) time, such as 20 business days, to initiate a dispute process and for the access provider to respond to the access seeker. Dispute (including appeal) rights should not be unreasonably curtailed; and definite time frames should apply to each party.
In addition, if a dispute resolution process results in one party paying money or refunding money to the other party, such payment or refund should occur within a definite and reasonable time, such as 10 business days.