Review of access to Telstra Exchange Facilities
Record Keeping and Reporting Rules
Consultation Paper
May 2014
© Commonwealth of Australia 2014
This work is copyright. Apart from any use permitted by
the Copyright Act 1968, no part may be reproduced
without permission of the Australian Competition and
Consumer Commission. Requests and inquiries
concerning reproduction and rights should be addressed
to the Director Publishing, Australian Competition and
Consumer Commission, 23, Marcus Clarke Street,
Canberra, Australian Capital Territory 2601.
1
1.1
Introduction
Purpose
The purpose of this consultation paper is to seek submissions on the Australian Competition
and Consumer Commission’s (ACCC) review of the operation of the current Access to Telstra
Exchange Facilities Record Keeping and Reporting Rules (TEF RKR). The current TEF RKR is
due to expire on 14 July 2014.
1.2
Reasons for review
The TEF RKR was first made in July 2008 pursuant to section 151BU of the Trade Practices
Act 1974 (now the Competition and Consumer Act 2010 (CCA)). The TEF RKR was extended
on 14 July 2011 and is due to expire on 14 July 2014. Clause 2 of the RKR notes that the ACCC
will conduct a review of the rules.
1.3
Submission process
Submissions should be provided by 5.00pm on Friday 6 June 2014.
Submission of commercial-in-confidence material
All submissions will be considered by the ACCC as public submissions and will be posted on
the ACCC website. If interested parties wish to submit commercial-in-confidence material to
the ACCC they should submit both a public version and commercial-in-confidence version of
their submission. The ACCC has issued a guideline setting out the process parties should
follow when submitting confidential information to communications inquiries commenced
by the ACCC. The guideline is available on the ACCC website at:
http://www.accc.gov.au/publications/communications-inquiries-submitting-confidentialmaterial
Contact officer and submission lodgement details
Inquiries in the first instance should be directed to David Hinitt at (02) 9230 9148.
Please email submissions to:
Mr David Hinitt
Senior Project Officer
Australian Competition & Consumer
Commission
(02) 9230 9148
[email protected]
Mr Grahame O’Leary
Director
Australian Competition & Consumer
Commission
(02) 9230 3832
[email protected]
3
2
The Access to Telstra Exchange Facilities RKR
2.1
Regulatory framework
In accordance with Part XIC of the CCA, the ACCC must exercise its telecommunications
regulatory functions to promote the long-term interests of end users (LTIE). In determining
the LTIE the ACCC must have regard to the objectives of:

promoting competition

achieving any-to-any connectivity in relation to carriage services that involve
communication between end-users, and

encouraging the economically efficient use of and investment in infrastructure
supplying telecommunication services.
The ACCC’s statutory functions under Part XIC include declaration of listed carriage services,
conducting inquiries for access determinations containing price and non-price terms of
access for declared services, and assessment of special access undertakings and anticipatory
exemption applications. The ACCC also has ancillary enforcement functions under Part XIC
including ensuring access providers comply with the standard access obligations (SAOs) set
out in section 152AR of the CCA.
Under section 151BU of the CCA, the ACCC can make record keeping rules (RKRs). RKRs may
require one or more specified carriers to keep and retain records and give reports to the
ACCC consisting of information contained in those records. The records must contain
information relevant to the ACCC’s statutory functions. That is, the ACCC must not make
RKRs that require the keeping or retention of records unless the records contain, or will
contain, information that is relevant to:

determining compliance with the competition rule (section 151AK of the CCA); or

determining compliance with tariff filing directions; or

the operation of Part XIB of the CCA (other than Division 6); or

the operation of Part XIC of the CCA; or

the operation of the National Broadband Network Companies Act 2011, or
regulations under that Act;

the operation of Part 9 of the Telecommunications (Consumer Protection and Service
Standards) Act 1999 which deals with regulation of Telstra’s charges; or

the operation of Division 3, Part 20 of the Telecommunications Act 1997 which deals
with the Rules of Conduct relating to dealings with international telecommunications
operations.
Sections 151BUA, 151BUB and 151BUC of the CCA give the ACCC the power to disclose, or to
require carriers or carriage service providers to disclose, reports or extracts of reports
prepared in accordance with an RKR.
The current TEF RKR is at Attachment A.
4
2.2
Background and purpose of the TEF RKR
As the owner and operator of exchange buildings, Telstra determines how access seekers
gain access for the purposes of installing equipment or using regulated services. Telstra also
determines whether there is sufficient space and capacity at an exchange before it allows an
access seeker to access an exchange building.
Access to Telstra exchange facilities is necessary for access seekers to connect with and/or
use both regulated and unregulated telecommunications services.1 For example, access
seekers install their own equipment (such as Digital Subscriber Line Access Multiplexers
(DSLAMs)) in Telstra’s exchange buildings and use these services to provide voice/data
services (e.g. ADSL2+ services).
For this purpose access seekers require Telstra Equipment Building Access (TEBA), which is
space set aside in an exchange specifically for access seekers. It generally contains ‘racks’ or
floor space where DSLAMs and other equipment can be installed. Space within the Telstra
exchange building is also used for Telstra DSLAMs, Telstra PSTN switches (providing voice
services), mobile telephony equipment and other types of equipment.
Generally, access seekers can request exchange access via the TEBA Ordering Process, which
involves the following steps:
1. Preliminary Study Request (PSR) – the access seeker submits a request to Telstra
detailing the amount of floor space and main distribution frame (MDF) blocks required in
a particular exchange. Telstra must provide a response within 10 business days of
receiving a request.
2. Design and Construction Proposal (D&CP) – following Telstra’s acceptance of a PSR, the
access seeker must submit a D&CP within 20 business days for work to be undertaken in
the exchange.
3. TEBA D&CP Assessment – Telstra assesses the D&CP in accordance with its technical
standards and PSR allocations within 15 business days after receipt of the proposal.
4. TEBA Construction – the access seeker has 30 business days to complete the
construction activities as described in the approved D&CP. The access seeker may
request an extension of time within the first 15 business days.
5. Joint Completion Inspection (JCI) – a JCI needs to be undertaken by both parties within
15 business days of a JCI request.
Once an access seeker submits a request, it is placed in a queue at that exchange. Where
access seekers can carry out works concurrently, multiple access seekers are all assigned
position one in the queue. Where work is not able to be concurrently carried out, a queue
with multiple access seekers is sequential.
If an exchange runs out of equipment space, such as rack space, access seekers are unable to
deploy new equipment until further space is added or redundant space is recovered. An
exchange that has no available rack space is known as “Racks Capped” and an exchange that
has no available rack space, but there is potential for rack space to be addressed by building
works is known as “Potentially Racks Capped”.
1
Access seekers may need either TEBA space within Telstra’s exchanges to install DSLAM equipment
to access the MDF, racks and other facilities within an exchange or may, in some cases, use an
external interconnection cable (EIC) and build their own facilities away from Telstra’s TEBA space.
5
In addition to rack space, access seekers require access to the MDF which is located within
each exchange. The MDF connects access seeker telecommunications equipment to the
copper wires that connect to Telstra’s customer access network (CAN). If the MDF runs out
of space, access seekers will be unable to connect their equipment to new customers
connected to the CAN. This is known as “MDF Capped”. A capped MDF that can be modified
to provide more space is known as “Potentially MDF Capped”.
The ACCC was aware that access seekers often encountered difficulties in getting access to
Telstra’s exchange facilities and in July 2008 it issued the TEF RKR in response to concerns
raised by access seekers. These concerns included:

the delays associated with Telstra’s exchange access queuing system, and

the lack of independent oversight of Telstra’s exchange capping processes.
The ACCC considered the TEF RKR would provide independent oversight of the exchange
capping and queuing processes, increase transparency and enhance accountability. In
addition, it was considered that the RKR would assist the ACCC in assessing Telstra’s
compliance with its SAOs set out in section 152AR given the ACCC had received a large
number of access seekers complaints.2
The RKR was reviewed and extended in July 2011 for a further three years with minor
amendments.
2.3
Information provided under the TEF RKR
Information provided in accordance with the TEF RKR informs the ACCC of exchanges in
which delays are occurring, reasons for delays and the lengths of such delays and provides
transparency around Telstra’s internal process for determining if an exchange is ‘rack
capped’, ‘MDF capped’, and/or potentially capped.
In summary, the RKR requires that Telstra provide information (on an exchange service area
(ESA) basis) on:

the number of queued access seekers

details around preliminary study requests and joint completion inspections (allowing
some transparency of queue developments)

MDF capped, racks capped and potentially capped exchanges (including, the number
of MDF blocks or amount of floor space reserved & number of racks needed for
Telstra to meet its anticipated requirements)

scale floor plans for racks capped and potentially racks capped exchanges

details of construction works required to be undertaken by access seekers in
potentially capped exchanges

details in relation to potentially capped exchanges regarding preliminary study
requests and design and construction proposals (in relation to construction works),
and

details of potentially capped exchanges where access seekers have started
construction works.
2
ACCC, Regulation Impact Statement – Access to Telstra exchange facilities record keeping and
reporting rule, July 2008, p. 16.
6
The RKR requires Telstra to submit its monthly report to the ACCC within 15 business days
after the reporting date.
2.4
Disclosure Direction
The ACCC, pursuant to subsection 151BUC(2) of the CCA, issued a Disclosure Direction on 11
July 2011, requiring Telstra to provide, as an annexure to its report, a summary of the
following:

number of joint completion inspections completed during the period

number of exchanges (at the end of reporting period) which are:
o
racks & MDF capped, racks capped, MDF capped, potential racks capped,
potential MDF capped, potential racks and MDF capped

name of each exchange with status ‘potential’ and the construction work required,
and

name of each exchange with queued access seekers, the name of each access seeker
in the specified exchange and the queue order of each named access seeker.
The ACCC makes this summary available on its website on a monthly basis and Telstra
publishes the monthly summary on the Telstra Wholesale website. The ACCC proposes to
issue another Disclosure Direction if the RKR is extended. The existing Disclosure Direction is
at Attachment B.
2.5
Use of information received under the TEF RKR
The ACCC varied and extended the TEF RKR for a further three years in 2011 in order to
provide independent oversight of the exchange capping and queuing processes, increase
transparency and enhance accountability.
The information obtained under this RKR is also directly relevant to the ACCC’s functions
under Part XIC of the CCA. The ACCC uses the TEF RKR to:

monitor delays at exchanges and capped exchanges, including in relation to NBN
POIs located in Telstra exchanges

consider potential issues involving access to facilities to access regulated services

monitor Telstra’s compliance with its SAOs under section 152AR of the CCA, and

assist it to perform its functions under Part XIB and XIC of the CCA .
Information obtained under the TEF RKR has allowed the ACCC to monitor the exchange
buildings where delays are occurring, the stage at which the delay is occurring and length of
such delays. Information obtained also provides insight into Telstra’s internal process of
determining if an exchange is capped.
The ACCC is also aware that the publicly available information is used by access seekers to
assist in business planning for future investment and to assess needs for access to declared
services.
In the last review of the TEF RKR Optus noted that:
‘…the TEF RKR has improved the transparency associated with access to Telstra’s
exchange facilities…the TEF RKR provides an independent oversight of the exchange
7
capping process since the problem of information asymmetry puts access seekers in
a vulnerable position when compared to Telstra retail.’ 3
In its recent decision to extend the declaration of the Domestic Transmission Capacity
Service (DTCS), the ACCC noted that access to Telstra exchanges was necessary to enable
service providers to be able to offer competitive transmission services. In considering
concerns raised by access seekers regarding the transparency of access, the ACCC noted that
it continued to use information disclosed by Telstra under the TEF RKR to assess whether
there are any barriers to competition arising from delays in accessing Telstra exchange
buildings.
3
Facilities Access
The ACCC notes that in recent regulatory processes such as the DTCS and Fixed Services
declaration inquiries, issues relating to facilities access have been raised. The ACCC is
currently considering the most appropriate regulatory response to the concerns raised by
stakeholders. The ACCC is also interested in submissions on whether the TEF RKR requires
any amendment or expansion in relation to monitoring of facilities access.
4
Matters for consultation
The ACCC is seeking submissions from interested parties on the following matters.
4.1
Continued operation of the TEF RKR
The TEF RKR is due to expire on 14 July 2014. The ACCC is seeking views on whether the TEF
RKR should be extended, varied or allowed to expire.
The ACCC considers that access to Telstra’s exchange facilities by access seekers is necessary
to promote competition and encourage efficient use of and investment in infrastructure in
the telecommunications industry. Access seekers need access to Telstra’s exchanges to
install their equipment to access regulated services and to interconnect with NBN Co’s
wholesale services in order to provide telecommunications services in downstream markets.
The ACCC and the Australian Competition Tribunal have previously identified access to
facilities as a potential non-price barrier to entry.4
The ACCC considers that the TEF RKR has improved transparency about access to Telstra’s
exchanges, in particular, where problems about gaining access or long queuing problems
have emerged. In this consultation, the ACCC is seeking views regarding whether the TEF
RKR remains necessary. In particular, the ACCC is seeking views on whether:


4.2
access to Telstra exchanges continues to be a potential barrier to entry for
competing in downstream markets, and
maintaining transparency and oversight around exchange access is necessary.
Length of the RKR
In 2011 the ACCC extended the RKR for a further 3 year period until July 2014. The ACCC
seeks submissions from industry on the length of extension of the RKR should the ACCC
decide to extend the RKR.
3
Optus, Exchange Facilities RKR review submission to Discussion Paper, 20 May 2011.
4
Application by Chime Communications Pty Ltd (No 2) [2009] ACompT 2 (27 May 2009) [116] –[126].
8
4.3
NBN Co Points of Interconnection in Telstra exchanges
In the 2011 RKR consultation stakeholders submitted that reporting requirements should be
included in relation to NBN Co’s and Telstra’s own space requirements in those Telstra
exchanges where NBN Co points of interconnection were to be located.
At the time the ACCC noted that access to Telstra exchanges were likely to be considered as
part of any interim and equivalence arrangements of any structural separation undertaking
(SSU) submitted by Telstra. The ACCC notes that Telstra’s SSU was accepted in February
2012. The SSU contains clauses dealing with TEBA requests and future anticipated
requirements and TEBA queue management for Telstra wholesale customers.
Submissions are sought from stakeholders as to whether any additional reporting
requirements need to be imposed in relation to the TEBA space requirements for both
Telstra and NBN Co.
4.4
Any other matters
The ACCC seeks comments from interested parties whether any other amendments are
required to the TEF RKR, including any other facilities access reporting requirements.
4.5
Disclosure Direction
The ACCC understands that access seekers have used the publicly available information in
the Disclosure Direction.
The ACCC seeks comment on whether the Disclosure Direction is effective and whether it
should be reissued if the RKR is extended.
The current Disclosure Direction is at Attachment B.
5
Conclusion
The RKR was last reviewed and extended in July 2011 for a further three years with some
minor amendments. At that time the ACCC considered the TEF RKR would provide
independent oversight of access to Telstra exchange facilities and would assist the ACCC in
assessing Telstra’s compliance with its SAOs.
The ACCC considers that access to exchanges remains a potential barrier to entry for access
seekers to compete in providing voice and broadband services in downstream markets and
in obtaining interconnection with NBN Co points of interconnect in Telstra exchanges.
As required under Clause 2 of the TEF RKR the ACCC is reviewing the rules. The ACCC seeks
views from stakeholders on whether the TEF RKR should be extended, or extended and
varied and if so, the length of the extension and whether another Disclosure Direction
should be reissued.
9
Questions on which the ACCC seeks views:
1. Has the TEF RKR been effective and transparent in addressing stakeholder concerns?
2. Should the ACCC extend the operation of the Access to Telstra Exchange Facilities Record
Keeping and Reporting Rules? If so, how long should the ACCC extend the Rules for?
3. What are the costs (both quantifiable and unquantifiable) of the TEF RKR?
4. What are the benefits (both quantifiable and unquantifiable) arising from the TEF RKR?
5. Is reporting on exchange capping still required?
6. Should the ACCC reissue the Disclosure Direction to Telstra if the Rules are extended?
7. If the ACCC does reissue the Disclosure Direction is there any other information that
should be included in the direction?
8. Are any additional reporting requirements necessary in the context of NBN Co use of
TEBA space?
9. Are there any other amendments that could be made to the Rules?
10. Are there any other facilities access issues that the ACCC should consider in the context
of record keeping and reporting?
10
Attachment A
Access to Telstra Exchange Facilities
Record Keeping and Reporting Rules
Section 151BU Competition and Consumer Act 2010
Australian Competition and Consumer Commission
1
1
TITLE
These Rules made by the Australian Competition and Consumer Commission
pursuant to section 151BU of the Competition and Consumer Act 2010 may
be referred to as the Access to Telstra Exchange Facilities Record Keeping and
Reporting Rules 2011.
2
COMMENCEMENT
These Rules shall take effect from 14 July 2011 until 14 July 2014 when the
ACCC will undertake a review of these Rules.
3
1)
INTERPRETATION
The following terms have the meanings set out in this clause.
‘Access Seeker’ has the same meaning as in section 152AG of the Competition and
Consumer Act 2010.
‘Acquirer’s Cable’ means a cable owned or operated by an Access Seeker that runs
external to the Access Seeker’s equipment racks and is used as a tie cable between
two non adjoining Access Seeker racks.
‘Anticipated Future Requirements’ means Telstra’s anticipated requirements for
use of space within a Telstra exchange building for up to 36 months into the future.
‘Business day’ means a day that is not a Saturday, a Sunday, or a day that is a
national public holiday in Australia.
‘Capped Exchange’ means a Telstra exchange building (excluding the Pitt Street
Exchange) which the Governance Committee has determined is unavailable for
access by Access Seekers, including but not limited to those listed in the TEBA
Capped List as ‘MDF capped’, ‘Racks capped’ and ‘Racks and MDF capped’.
‘Construction Works’ refers to all civil and construction work relating to an
exchange, including Infrastructure Works and Installation Works.
‘Currently Queued Access Seeker’ means an Access Seeker who has submitted a PSR
for access to an exchange that has not been rejected, and has not passed Joint
Completion Inspection in relation to that PSR at the reporting date. For the
avoidance of doubt, the Currently Queued Access Seeker includes the First Queued
Access Seeker.
‘Design and Construction Proposal (DCP)’ means a proposal submitted by an Access
Seeker to Telstra in accordance with an agreement between the parties to clear,
construct or modify TEBA Space or equipment space and/or install interconnect
equipment, interconnection cable and/or acquirer’s cable.
‘Exchange Building Code’ means Telstra’s unique code for identifying an exchange
building.
‘Extension of Time’ means a request from an Access Seeker to Telstra for additional
time to complete any of the steps in the TEBA Construction Procedure, including to
prepare a DCP and complete Construction Works.
2
‘Governance Committee’ means the committee or group within Telstra who has the
function of determining whether a Telstra exchange building is a Capped Exchange, a
Potentially Capped Exchange, or an Uncapped Exchange.
‘Infrastructure Works’ means establishment of a TEBA area, extension of a TEBA
area, air-conditioning works, power works, MDF extensions or enhancements,
removal of redundant MDF blocks, new/augmented cable trays in MDF or DDF, any
cable trays external or internal to the TEBA space, DDF construction or extension,
optical fibre works, earthing works, and any building or equipment modifications or
additions.
‘Installation Works’ means the installation of interconnect equipment (including,
but not limited to, DSLAMS), interconnect cables, and/or Acquirer’s Cables.
‘Joint Completion Inspection (JCI)’ means an inspection of a Telstra exchange
building by representatives of Telstra and an Access Seeker conducted following the
completion of Construction Works in that exchange building by an Access Seeker.
‘MDF’ means the Main Distribution Frame.
‘MDF Capped Exchange’ means a Telstra exchange building (excluding the Pitt Street
exchange) in which the Governance Committee has determined that there are
insufficient MDF blocks available for Access Seekers to utilise. This includes Telstra
exchange buildings listed in the TEBA Capped List as ‘MDF capped’ or ‘Rack and MDF
capped’.
‘Position in the Queue’ means the position of an Access Seeker in the queue to
access a particular Telstra exchange building that forms after a PSR has been
submitted and not rejected by Telstra.
‘Potentially Capped Exchange’ means a Telstra exchange building in which the
Governance Committee has determined that Access Seekers may be granted access
after out-of-the-ordinary works have been completed. This includes exchange
buildings listed in the TEBA Capped List as ‘Potential’.
‘Potentially MDF Capped Exchange’ means a Potentially Capped Exchange in which
the Governance Committee has determined that, other than the availability of outof-the-ordinary works, the exchange would be an MDF Capped Exchange.
‘Potentially Racks Capped Exchange’ means a Potentially Capped Exchange in which
the Governance Committee has determined that, other than the availability of outof-the-ordinary works, the exchange would be a Racks Capped Exchange.
‘Preliminary Study Request (PSR)’ means a request by an Access Seeker to Telstra
for access to a Telstra exchange building to determine the availability of exchange
building access in that exchange.
‘Racks Capped Exchange’ means a Telstra exchange building (excluding the Pitt
Street exchange) in which the Governance Committee has determined that there is
no floor space available for Access Seekers to install equipment. This includes
exchange buildings listed in the TEBA Capped List as ‘Racks capped’ or ‘Racks and
MDF capped’.
‘Reporting Date’ means the last day of a calendar month or the first business day
following if that day is not a business day.
‘Reporting Period’ is the period of time since the last Reporting Date and the most
recent Reporting Date, inclusive.
3
‘Telstra Exchange Building Access (TEBA)’ means access to floor space and other
facilities such as security, electricity, cable trays and interconnection cables in Telstra
exchange buildings.
‘TEBA Capped List’ means a list that Telstra publishes from time to time for the
purposes of informing Access Seekers and/or other parties about those exchanges
that Telstra regards as Capped Exchanges.
‘TEBA Space’ means the common area in a Telstra exchange building allocated or to
be allocated by Telstra for access by Access Seekers.
‘Uncapped Exchange’ means an exchange that was a Capped Exchange or
Potentially Capped Exchange which the Governance Committee has determined is
no longer a Capped Exchange or Potentially Capped Exchange.
2)
4
For the avoidance of doubt, words in the singular number include the plural and
words in the plural number include the singular.
APPLICATION
These Rules apply to Telstra Corporation Limited (ACN 051 775 556) (Telstra).
5
TELSTRA EXCHANGE BUILDING ACCESS
1) For each Telstra exchange building for which there are Currently Queued Access Seekers
in the Reporting Period, state:
a) The Exchange Building Code;
b) For each Currently Queued Access Seeker in the Reporting Period, state:
i)
The name of the Access Seeker;
ii)
The Access Seeker’s Position in the Queue;
iii)
The number of PSRs submitted by the Access Seeker;
iv)
The date on which the PSR was submitted.
v)
The number of DCPs that have been submitted by the Access Seeker;
vi)
The date on which each of the DCPs was submitted;
vii)
The date on which the DCP was accepted, conditionally accepted or
rejected; and
viii) If rejected, in brief, the reason for rejection;
ix)
Whether the Access Seeker is required to wait until a third party (which
may include another Access Seeker) completes Infrastructure Works
before commencing Construction Works;
x)
The type of Construction Works being, or proposed to be, undertaken by
the Access Seeker/s.
viii) Details of any Extension of Time granted to the Access Seeker/s and, in brief,
the reason for the Extension of Time.
c) For each Access Seeker who passed JCI who is a currently queued Access Seeker in
the previous Reporting Period, state:
4
i)
The name of the Access Seeker;
ii)
The number of PSRs submitted by the Access Seeker;
iii)
The date on which the PSR was submitted.
iv)
The number of DCPs that have been submitted by the Access Seeker;
v)
The date on which each of the DCPs was submitted;
vi)
The date on which the DCP was accepted, conditionally accepted or
rejected; and
vii)
If rejected, in brief, the reason for rejection;
viii) The type of Construction Works undertaken by the Access Seeker.
viii) Details of any Extension of Time granted to the Access Seeker and, in brief,
the reason for the Extension of Time.
ix) The date JCI was requested by the Access Seeker;
x) The date the Access Seeker passed JCI.
2) For each MDF Capped Exchange and Potentially MDF Capped Exchange, for which
Telstra has not provided the following information in a previous Reporting Period or that
information has changed, state:
a) The Exchange Building Code;
b) The number of MDF blocks reserved by Telstra to meet its Anticipated Future
Requirements in relation to MDF space.
3) For each Racks Capped Exchange and Potentially Racks Capped Exchange, for which
Telstra has not provided the following information in a previous Reporting Period or that
information has changed, state:
a) The Exchange Building Code;
b) The amount of floor space (in square metres), including the surrounding space, in
that exchange reserved by Telstra to meet its Anticipated Future Requirements;
c) The number of rack positions and the type of telecommunications equipment
proposed to use the rack positions in that exchange building reserved by Telstra to
meet its Anticipated Future Requirements.
4) For each Racks Capped Exchange and Potentially Racks Capped Exchange, for which
Telstra has not provided the following information in a previous Reporting Period or that
information has changed, provide a floor plan (drawn to scale) of the exchange building
clearly identifying, as of the Reporting Date, the TEBA space, Telstra’s equipment space,
the power room, the air conditioning room, and any vacant space.
5) For each Potentially Capped Exchange, for which Telstra has not provided the following
information in a previous Reporting Period or that information has changed, state the
nature of the Construction Works that are required to be undertaken by access seekers
if they wish to make additional space available.
6) For each Potentially Capped Exchange for which an Access Seeker has submitted a PSR in
the Reporting Period, state:
a) The Exchange Building Code;
5
b) The number of PSRs submitted by the Access Seeker;
c) The date on which the PSR was submitted;
d) Telstra’s response to each of the PSR/s (accept, reject, on hold, other);
e) The number of DCPs submitted (state if zero);
f)
The date the DCP was submitted;
g) The date on which the DCP was accepted, conditionally accepted or rejected; and
h)
If rejected, in brief, the reason for rejection;
7) For each Potentially Capped Exchange for which an Access Seeker has commenced
Construction Works in the Reporting Period, state:
a) The Exchange Building Code;
b) The name of the Access Seeker.
6
GOVERNANCE COMMITTEE
1) For each new determination by the Governance Committee in the Reporting Period of
whether a Telstra exchange building is a Capped Exchange, a Potentially Capped
Exchange, or an Uncapped Exchange, state:
a) The position of the members of the Governance Committee who made the
determination;
b) The Exchange Building Code; and
c) In brief, the reason the Governance Committee determined that the exchange
building is a Capped Exchange, a Potentially Capped Exchange, or an Uncapped
Exchange.
7
REPORTING REQUIREMENTS
1) For each consecutive calendar month, Telstra must give the ACCC a report containing
the information specified in rules 5 and 6 of these Rules as at the Reporting Date.
2) A report under subrule (1) must be given to the ACCC:
a. within 15 business days of the Reporting Date;
b. in relation to subrules 5(1), 5(2), 5(3), 5(5), 5(6) and 5(7), prepared and
submitted electronically in an unlocked Microsoft Excel file in the format
prescribed by the ACCC and annexed at Attachment A;
c. in relation to subrule 5(4) and rule 6, submitted electronically;
d. by email addressed to: [email protected].
3) The format referred to in paragraph (2)(b) may be amended by the Group General
Manager of the Communications Group from time to time.
4) The ACCC must provide Telstra with written notice of any such amendment.
6
[CODE#
1]
[CODE#
2]
[NAME
#1]
1
[NAME
#2]
2
[NAME
#3]
3
[NAME
#1]
1
DCP accepted
dd/mm
/yy
dd/mm
/yy
dd/mm
/yy
dd/mm
/yy
dd/mm
/yy
[briefly
state]
JCI submitted by
Access Seeker
[briefly
state]
[briefly
state]
dd/mm
/yy
JCI completed
Details of Extension of
Time
dd/mm
/yy
Construction Works
being undertaken
Third Party Delays
Reason for DCP
rejection
DCP rejected
DCP conditionally
accepted
DCP submitted
[#]
PSR submitted
Number of PSR
Position in queue
Access Seeker
Exchange Building
Code
Sheet 1: Queued exchanges (Rule 5(1))
dd/mm
/yy
[CODE #1]
[#]
[#]
[#]
[CODE #2]
[#]
[#]
[#]
[NAME]
Floor plan provided (drawn to
scale)
Type of telecommunications
equipment for which rack
positions have been reserved
by Telstra (i.e. DSLAM, MSAN)
Number of rack positions
reserved by Telstra
Floor space reserved (m2) by
Telstra to meet its anticipated
requirements (including
surrounding space)
MDF blocks reserved by
Telstra
Exchange Building Code
Sheet 2: Capped exchanges (Rules 5(2) and 5(3))
Y/N
Y/N
2
[CODE #1]
Nature of
Construction
Works Required
Exchange
Building Code
Sheet 3: Construction Works at Potentially Capped Exchange – Rule 5(5)
[briefly state]
3
[CODE #1]
[NAME #1]
[#]
dd/mm/yy
Accept/reje
ct/on hold/
other
[#]
dd/mm/yy
dd/mm/yy
dd/mm/yy
dd/mm/yy
[briefly
state ]
Name of Access Seekers that
has commenced Construction
Works
Reason for rejection
Date DCP rejected
Date DCP conditionally
accepted
Date DCP accepted
Date DCP submitted
Number of DCPs submitted
Telstra’s response to each of
the PSR/s
Date PSR submitted
Number of PSR submitted
Access Seeker
Exchange Building Code
Sheet 4: Potentially capped exchanges (Rules 5(6) and 5(7))
[name]
4
Attachment B
DISCLOSURE DIRECTION
Issued by the Australian Competition and Consumer Commission
To
Telstra Corporation Limited
Section 151BUC
Competition and Consumer Act 2010
Direction
1. Pursuant to paragraph 151BUC(2)(c) of the Competition and Consumer Act 2010 (the CCA),
the Australian Competition and Consumer Commission (the ACCC) directs Telstra
Corporation Limited (Telstra) to:
a) Make copies of extracts of reports as specified in Schedule 1 and prepared in
accordance with the Access to Telstra Exchange Facilities Record Keeping and
Reporting Rules (the Telstra Exchange Facilities RKR) made under section 151BU of
the CCA; and
b) make those copies available for inspection and purchase by the public by making
them as available for public disclosure and providing them to the ACCC for
publication on the ACCC’s website, or by such other method as agreed to in
writing by the ACCC.
2. For the avoidance of doubt, this Direction applies to the report prepared in accordance
with the Access to Telstra Exchange Facilities Record Keeping and Reporting Rules for the
July 2011 calendar month and all subsequent calendar months.
3. Telstra is to provide the extracted information as an annexure to the report submitted to
the ACCC each calendar month in accordance with the Telstra Exchange Facilities RKR
(which report is required to be submitted to the ACCC within 15 business days of the
“Reporting Date” as defined in the Telstra Exchange Facilities RKR).
_______________________________
Edward Campbell Willett
Commissioner
Date:
July 2011
Schedule 1
For each reporting period:
Item
Number
Number of Joint Completion Inspections completed during
the period
Number of Exchanges with Queues (End of Period)
Number of Exchanges which are Racks & MDF capped (End
of Period)
Number of Exchanges which are Racks capped (End of
Period)
Number of Exchanges which are MDF capped (End of
Period)
Number of Potential Exchanges (Racks capped)
Number of Potential Exchanges (MDF capped) (End of
Period)
Number of Potential Exchanges (Racks and MDF capped)
(End of Period)
For each reporting period:
Name of each exchange with Status
“Potential”
Construction Works Required
For each reporting period:
Name of each exchange
with queued access seekers
Name of each queued
access seeker in the
specified exchange
Queue order of
each named access
seeker
2