Final Determination Model Non price Terms and Conditions
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Final Determination Model Non price Terms and Conditions
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The Commission considered whether it ought to take a “telco-specific” approach to preparing the model terms and conditions, or whether more general commercial considerations would be sufficient. First, it is important to note that the model terms and conditions will be intended for use only in the telecommunications industry. Therefore to some extent they should be “telco-specific”. This would be relevant, for instance, in relation to operational and procedural matters which are “telco-specific” and for which accepted industry-wide practices are in place. However, in relation to a number of the more general commercial provisions in telecommunications wholesale contracts (including, for example, issues such as billing practices, creditworthiness and liability), the Commission considers that it is appropriate to draw on broader commercial experience. The balance between “telco-specific” versus broader commercial considerations will therefore differ from issue to issue.
29 The Commission notes that Telstra are currently in the process of updating its GAA to conform more with the format adopted in the CSPA.