Commission’s views on responses to draftCommission’s views on responses to draft Determination

The Commission notes that ACIF C569:2001 Unconditional Local Loop Service – Ordering, Provisioning and Customer Transfer outlines the agreed industry processes for ordering and provisioning ULLS. For example clause 11.6 details the process for service qualification as part of ordering and provisioning of ULLS. The Commission considers that if there is to be a different service qualification process based on vacant ULL requests, that change in process should be developed through the ACIF and the relevant code.

(ULLS only)

Should there be a requirement to provide information on lead-in cable in the service qualification process?

The Commission notes, that the service qualification process under clause 11.6, excludes information about the lead-in cable. The lack of information in relation to the existence or otherwise of a lead-in cable in the service qualification process was an issue raised by one submitter. The Commission believes that this information, where available, should form part of the service qualification as it would facilitate the delivery of ULLS to end-users if a service provider has prior knowledge of the existence or not of a lead-in cable. Accordingly, the Commission recommends that ACIF review the applicable ACIF code to incorporate information on lead-in cable as part of the service qualification requirements.

(ULLS only)

Responses to draft Determination

Service provision and the need for appropriate service level standards was again commented upon, in response to the draft Determination, as being the key issue for access seekers, not only in respect of ordering and provisioning, but across several areas of operation.

In its draft Determination, the Commission stated that it would be concerned if access agreements did not ensure that ordering and provisioning arrangements were provided in a non-discriminatory manner. To this end, the Commission in respect of ordering and provisioning, adopted as part of its model terms, clause 8.1 of ACIF C569:2001 Unconditioned Local Loop Service- Ordering, Provisioning and Customer Transfer, which requires access providers to treat ordering and provisioning of ULLS in a non-discriminatory manner.

Access seekers submitted, however, that despite the above statement, the Commission failed to act on this point. Some access seekers submitted that in respect of faults and maintenance and ordering and provisioning, Telstra’s access arrangements have the potential to discriminate against access seekers and that Telstra avoids this provision by arguing that it does not provide the core services to itself. Thus it was argued that it was essential that the model terms and conditions include a clause to address this issue as a host of matters relating to fault rectification and ordering and provisioning flowed from the effect of a non- discrimination clause.