TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 154 Arbitration by AUSTEL of terms of access

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 154

154. (1) Where 2 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, either or both 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 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 facilities and the network concerned; and

   (b)  state how far it is necessary or desirable for the one carrier to
        carry communications across that network for the purposes of the other
        carrier supplying telecommunications services by means of those
        facilities; and

   (c)  set out the terms and conditions of the carriage.

(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
        carriage;

   (d)  supply by the one carrier to the other of:

   (i)  information about traffic carried on the network concerned; or

   (ii) any other information necessary to ensure the efficient supply of
        telecommunications services by means of the facilities and network
        concerned;

   (e)  charges payable for the interconnection or carriage, for the supply of
        such facilities or information, or for related matters;

   (f)  matters incidental to a matter of a kind referred to in a preceding
        paragraph.

(6) A determination made for the purposes of a supplementary access condition
of a licence held by a carrier must set out:

   (a)  the carrier's obligations under the condition, so far as it relates to
        the matter to which the arbitration relates; and

   (b)  the terms and conditions on which the carrier 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 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 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.