Application by AAPT Limited (No 2) [2009] ACompT 6

AUSTRALIAN COMPETITION TRIBUNAL

Application by AAPT Limited (No 2) [2009] ACompT 6

TRADE PRACTICES – telecommunications access regime – request to vary draft exemption orders – inferences drawn by Tribunal

Trade Practices Act 1974 (Cth) Pt XIC

Application by AAPT Limited [2009] ACompT 5 Application by Chime Communications Pty Ltd (No 2) [2009] ACompT 2 Application by Chime Communications Pty Ltd (No 3) [2009] ACompT 4

RE: APPLICATION UNDER SECTION 152AV OF THE TRADE PRACTICES ACT 1974 FOR A REVIEW OF EXEMPTION ORDER DECISIONS (INDIVIDUAL EXEMPTION ORDERS 5 AND 6 OF 2008) MADE BY THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION UNDER SECTION 152AT(3)(a) OF THAT ACT IN RESPECT OF THE SUPPLY BY TELSTRA CORPORATION LIMITED OF THE PSTN ORIGINATING ACCESS SERVICE BY: AAPT LIMITED, AGILE PTY LTD, CHIME COMMUNICATIONS PTY LTD, MACQUARIE TELECOM PTY LIMITED, POWERTEL LIMITED AND PRIMUS TELECOMMUNICATIONS PTY LIMITED

File No 6 of 2008

JUSTICE FINKELSTEIN (PRESIDENT)

R DAVEY

PROFESSOR D ROUND

9 SEPTEMBER 2009

MELBOURNE

IN THE AUSTRALIAN COMPETITION TRIBUNAL

File No 6 of 2008

RE: APPLICATION UNDER SECTION 152AV OF THE TRADE PRACTICES ACT 1974 FOR A REVIEW OF EXEMPTION ORDER DECISIONS (INDIVIDUAL EXEMPTION ORDERS 5 AND 6 OF 2008) MADE BY THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION UNDER SECTION 152AT(3)(a) OF THAT ACT IN RESPECT OF THE SUPPLY BY TELSTRA CORPORATION LIMITED OF THE PSTN ORIGINATING ACCESS SERVICE BY: AAPT LIMITED, AGILE PTY LTD, CHIME COMMUNICATIONS PTY LTD, MACQUARIE TELECOM PTY LIMITED, POWERTEL LIMITED AND PRIMUS TELECOMMUNICATIONS PTY LIMITED Applicants

TRIBUNAL: JUSTICE FINKELSTEIN (president)

R davey

professor d round

DATE OF ORDER: 9 SEPTEMBER 2009

WHERE MADE: MELBOURNE

THE TRIBUNAL ORDERS THAT: 1. Title This Order may be cited as the Tribunal's 2009 PSTN OA CBD Individual Exemption Order. 2. Commencement This Order comes into effect on the date this Order is made. 3. Interpretation Unless the contrary intention appears, in this Order a word or a phrase has the meaning given to it in the Act, the Telecommunications Act 1997 (Cth) or the PSTN OA Declaration. Act means the Trade Practices Act 1974 (Cth). Commission's Order means Individual Exemption Order No 6 of 2008 made by the Commission on 30 October 2008 in "Telstra's PSTN Originating Access exemption applications – CBD and Metropolitan areas". International Special Service Code means a special services number (access code) in Part 2 of Schedule 4 of the Telecommunications Numbering Plan 1997 (described in clause 3.18 of that instrument) as amended from time to time. PSTN OA means the Domestic PSTN Originating Access Service declared by the Commission under section 152AL(3) of the Act pursuant to the PSTN OA declaration. PSTN OA Declaration means the declaration made by the Commission under section 152AL(3) of the Act in respect of the Domestic PSTN Originating Access Service with effect from 1 August 2006 and published in the Commonwealth of Australia Gazette No GN 31 of 9 August 2006, as varied or extended from time to time. ULLS means the Unconditioned Local Loop Service declared by the Commission under section 152AL(3) of the Act pursuant to the ULLS Declaration. ULLS Declaration means the declaration made by the Commission under section 152AL(3) of the Act in respect of the ULLS with effect from 1 August 2006 and published in the Commonwealth of Australia Gazette No. GN 31 of 9 August 2006, as varied or extended. VPN Access Code means a special services number (access code) in Part 4 of Schedule 4 to the Telecommunications Numbering Plan 1997 (described in clause 3.20 of that instrument) as amended form time to time. 4. Exemption Subject to the variation specified in paragraph 5, the Commission's Order is affirmed. 5. Variation The Commission's Order be varied by the deletion of paragraph 2(2) and, in its place, the substitution of the following paragraph: "This Order will expire (a) five years after the date of the making of the Tribunal's 2009 PSTN OA CBD Individual Exemption Order; or (b) upon the revocation of either the PSTN OA Declaration or the ULLS Declaration, whichever first occurs."