A group of 10 broadband providers has called on the Australian Competition and Consumer Commission (ACCC) to take immediate action to prevent Telstra from barring wholesale access to its new ADLS2+ network.
The claim is being led by South Australian-based player, Internode, in conjunction with iiNet, Primus, EFTel, Westnet, Netspace, Adam Internet, Wideband Communications, Network Technology and TSN Communications. The letter, which was dated February 15, was sent to ACCC chairman, Graham Samuels, by Herbert, Geer and Rundle Lawyers acting on the ISPs' behalf.
The broadband providers have accused Telstra of anti-competitive behaviour by not granting wholesale access to its new ADSL2+ broadband network and have called for a competition notice to be issued to Telstra under part X1B of the Trade Practices Act. The group has also requested a re-examination of the declaration of wholesale XDSL services under part X1C of the act in areas where competition for alternative suppliers is not viable.
As previously reported in ARN, Telstra's decision to switch on ADSL2+ retail services across 900 exchanges nationally this month has raised the ire of several of its competitors, who claim the telco is acting uncompetitively by not opening up the network to wholesale access.
The exchanges will give 2.4 million users access to high-speed broadband of 8Mbps-20Mbps. Telstra CEO, Sol Trujillo, said the telco switched on ADSL2+ services after being assured by the new Labor Federal Government that it would not regulate third-party access.
Rival ISPs have highlighted several key areas of concern, the top of the list being Telstra's significant market power around wholesaling broadband services. Other issues include untenably high wholesale transmission pricing, increasing levels of capped exchanges and denial of access or delays for ISPs to install their own ADSL2+ DSLAMs.
"In the longer term, we consider that the Commission needs to assess and consider other options available to address telecommunications competition problems that are demonstrated by the considerable obstacles to access to declared services stemming from Telstra's position both as the incumbent network owner and retail competitor," the ISP said in their letter to the ACCC.