154Arbitration by AUSTEL of terms of access

##### 154 Arbitration by AUSTEL of terms of access (1) Where 2 or more carriers cannot agree on terms and conditions for the purposes of subsection 137(2) or (3) or of a supplementary access condition of a licence held by one of them, any or all of them may by writing submit the matter to AUSTEL for arbitration under this Division. (2) Within 28 days after the end of an arbitration, AUSTEL must make a written determination about the matter to which the arbitration relates. (3) A determination made for the purposes of subsection 137(2) must: (a) specify the facilities and the network or networks concerned; and (b) set out the terms and conditions of the interconnection. (4) A determination made for the purposes of subsection 137(3) must: (a) specify the telecommunications services concerned; and (b) state how far it is necessary or desirable for a carrier or carriers to supply those telecommunications services to any other carrier or carriers for the purposes of the other carrier or carriers supplying telecommunications services; and (c) set out the terms and conditions on which the carrier is, or carriers are, as the case may be, so to supply those telecommunications services. (5) The terms and conditions set out under paragraph (3)(b) or (4)(c) must only relate to such of the following as are appropriate in the particular case: (a) technical standards for interconnection; (b) points of interconnection; (c) supply of facilities for the purposes of the interconnection, or in connection with the supply of the telecommunications services; (d) supply by a carrier or carriers to any other carrier or carriers of: (i) information about traffic carried on the network or networks concerned; or (ii) any other information necessary to ensure the efficient supply of telecommunications services by means of the facilities and network or networks concerned; (e) charges payable for the interconnection or the supply of the telecommunications services, for the supply of such facilities or information, or for related matters; (ea) any other matters that it is reasonably necessary to deal with for the purposes of the interconnection, or in connection with the supply of the telecommunications services; (f) matters incidental to a matter of a kind referred to in a preceding paragraph. (6) A determination made for the purposes of one or more supplementary access conditions of one or more licences held by a carrier or carriers must set out: (a) the obligations of the carrier or carriers under the condition or conditions so far as they relate to the matter to which the arbitration relates; and (b) the terms and conditions on which the carrier or carriers must comply with those obligations. (7) AUSTEL must not make a determination under this section of terms and conditions about charges payable to a carrier or carriers as mentioned in subsection 140(1) that is inconsistent with a determination by the Minister in force under that subsection. (8) In determining terms and conditions under this section (other than terms and conditions about charges payable to a carrier or carriers as mentioned in subsection 140(1)), AUSTEL must have regard to: (a) submissions and comments made by the parties to the arbitration; and (b) AUSTEL’s own analysis of the issues involved in the arbitration, including where relevant an analysis of costs likely to be incurred by each party in connection with the matters for arbitration.