Telecommunications (Requirements for Operational Separation Plan) Determination (No. 1) 2005 (Cth)
Commonwealth of Australia
Telecommunications Act 1997
Telecommunications (Requirements for Operational Separation Plan) Determination (No. 1) 2005
I, HELEN LLOYD COONAN, Minister for Communications, Information Technology and the Arts, make the following determination under paragraph 51(1)(d) of Schedule 1 to the Telecommunications Act 1997.
Dated 21 December 2005
HELEN COONAN
Minister for Communications, Information Technology and the Arts
Part 1 Preliminary
1 Name of Determination
This Determination is the Telecommunications (Requirements for Operational Separation Plan) Determination (No. 1) 2005.
2 Commencement
This Determination commences on 1 January 2006.
3 Definitions
In this Determination:
Act means the Telecommunications Act 1997.
annual compliance report means a report prepared by Telstra in accordance with paragraph 51(1)(b) of Schedule 1 to the Act.
Department means the Department of Communications, Information Technology and the Arts.
employee includes a natural person who is acting as Telstra’s agent, or is engaged by Telstra as a consultant or contractor.
independent audit report means a report of an independent audit obtained by Telstra in accordance with paragraph 51(1)(c) of Schedule 1 to the Act.
operational separation plan means a draft operational separation plan or a final operational separation plan.
plan means an operational separation plan.
Note Definitions
A number of expressions used in this Determination are defined in section 7 of the Act or in clause 50 of Schedule 1 to the Act, including:
· ACCC
· business unit
· designated service
· eligible service
· draft operational separation plan
· final operation separation plan
· final rectification plan
· key network services business unit
· retail business unit
· supply
· Telstra
· wholesale business unit.
By virtue of paragraph 13(1)(b) of the Legislative Instruments Act 2003, those expressions have the same meaning in this Determination as they do in the Act.
4 Interpretation
(1) If there is more than one business unit of a particular kind in existence at a particular time, then, unless a contrary intention appears, a reference in this Determination to a business unit of that kind is to be taken to be a reference to the business units of that kind (taken as a group).
(2) A reference in this Determination to a notional contract is to be interpreted in accordance with clause 50C of Schedule 1 to the Act.
Part 2 Requirements relating to the operational and organisational separation of Telstra
5 Operational and organisational separation of Telstra into business units
(1) The plan must contain provisions requiring Telstra to maintain the following business units:
(a) one or more wholesale business units;
(b) one or more retail business units; and
(c) one or more key network services business units.
(2) The plan must contain provisions requiring Telstra to organise and operate:
(a) the retail business unit in a manner such that it is substantially separate from the wholesale business unit and the key network services business unit;
(b) the wholesale business unit in a manner such that it is substantially separate from the retail business unit and the key network services business unit; and
(c) the key network services business unit in a manner such that it is substantially separate from the wholesale business unit and the retail business unit.
6 Staffing of business units
The plan must contain provisions requiring Telstra to ensure that:
(a) an employee who is engaged to work for the wholesale business unit undertakes work principally for the wholesale business unit;
(b) an employee who is engaged to work for the key network services business unit undertakes work principally for the key network services business unit; and
(c) an employee who is engaged to work for the retail business unit:
(i) undertakes work principally for the retail business unit; and
(ii) is not permitted to undertake any work for the wholesale business unit.
7 The wholesale business unit
(1) The plan must contain provisions requiring Telstra to ensure that:
(a) subject to paragraph (b), the position of the person who has direct responsibility for the management of the wholesale business unit is of the same level of seniority in Telstra’s management structure as the position of the person who has direct responsibility for the management of the retail business unit; and
(b) if there is more than one retail business unit in existence and the position of a person who has direct responsibility for the management of one of the retail business units is of greater seniority than the position of a person who has direct responsibility for the management of another retail business unit, the seniority of the position of the person who has direct responsibility for the management of the wholesale business unit in Telstra’s management structure is equivalent to that of the most senior position having direct responsibility for the management of a retail business unit.
(2) The plan must contain provisions requiring Telstra to ensure that the staff of the wholesale business unit are located in premises that:
(a) are physically separate from any premises occupied by staff of the retail business unit;
(b) have security measures in place that prevent a member of the staff of the retail business unit from gaining access to the premises where the staff of the wholesale business unit are located unless:
(i) the member of staff of the retail business unit enters the premises for the purpose of meeting with staff of the wholesale business unit; and
(ii) the entry to the premises by the member of staff of the retail business unit is authorised by a member of staff of the wholesale business unit; and
(iii) the member of staff of the retail business unit is accompanied, to the extent practicable, while in the premises by a member of the staff of the wholesale business unit.
(3) The requirement in paragraph (2)(a) does not mean that the plan must provide for the staff of the wholesale business unit to be located in a separate building from the staff of the retail business unit.
(4) The plan must contain provisions requiring Telstra to ensure that the wholesale business unit has principal control over and responsibility for:
(a) marketing eligible services to wholesale customers;
(b) managing service delivery to wholesale customers; and
(c) negotiating supply contracts with wholesale customers.
(5) The plan must contain provisions requiring Telstra to ensure that the retail business unit has no control over or responsibility for:
(a) marketing eligible services to wholesale customers;
(b) managing service delivery to wholesale customers; or
(c) negotiating supply contracts with wholesale customers.
Part 3 Requirements relating to the provision of high quality wholesale services
8 Preparation, publication and compliance with strategies
(1) The plan must contain provisions requiring Telstra to prepare:
(a) a Service Quality Strategy that meets the requirements of clause 9;
(b) an Information Equivalence Strategy that meets the requirements of clause 10;
(c) an Information Security Strategy that meets the requirements of clause 11; and
(d) a Customer Responsiveness Strategy that meets the requirements of clause 12.
(2) For each strategy listed in subclause (1), the plan must contain provisions requiring Telstra, by a specified date, to:
(a) give a copy of the strategy to:
(i) the Minister; and
(ii) the ACCC; and
(b) make a copy of the strategy available on Telstra’s Internet site.
(3) For each strategy listed in subclause (1), the plan must contain provisions requiring Telstra to comply with the strategy from a specified date.
(4) For each strategy listed in subclause (1), the plan must contain provisions specifying:
(a) a date by which Telstra will meet the requirement of subclause (2) in respect of that strategy; and
(b) a date from which Telstra will meet the requirement of subclause (3) in respect of that strategy.
(5) For the avoidance of doubt, the plan may specify different dates under paragraphs 4(a) and (b).
9 Service Quality Strategy
(1) The purpose of the Service Quality Strategy is to describe the measures that Telstra will implement to ensure that the standard of delivery of eligible services supplied to wholesale customers is equivalent to the standard of the delivery of comparable eligible services supplied to the retail business unit.
(2) The Service Quality Strategy must contain measures directed towards ensuring equivalence in the standard of:
(a) billing; and
(b) access to exchanges and other relevant premises and facilities;
that is offered in relation to the supply of eligible services.
Billing
(3) The Service Quality Strategy must describe how Telstra will ensure that:
(a) the frequency, completeness and accuracy of the provision of call or data traffic record information for eligible services offered to wholesale customers; and
(b) the billing information provided to the wholesale business unit;
in relation to the supply of an eligible service is equivalent to that provided to the retail business unit.
Access to exchanges and other premises
(4) The Service Quality Strategy must describe:
(a) how Telstra will ensure that it provides all wholesale customers with timely and effective access to its exchanges, and other relevant premises and facilities, where access is required for the purpose of maintaining or installing wholesale customer equipment that is located at, or that is to be installed at, those exchanges or those premises and facilities; and
(b) target timeframes for the provision of access to those exchanges, premises and facilities.
Performance measurement
(5) The Service Quality Strategy must set out key performance indicators for the purpose of assessing whether Telstra has offered equivalence in the standard of:
(a) billing (as described in subclause (3)); and
(b) access to exchanges and other relevant premises and facilities (as described in subclause (4));
in relation to the supply of eligible services.
(6) This clause:
(a) does not limit the matters that the Service Quality Strategy may deal with; and
(b) does not limit the measures that the Service Quality Strategy may contain or describe in relation to the matters specified in subclause (2).
Note Compliance
The plan must provide for the development of a Customer Responsiveness Strategy that includes a requirement for Telstra to measure its compliance with the Service Quality Strategy: see clause 12.
10 Information Equivalence Strategy
(1) The purpose of the Information Equivalence Strategy is to describe the measures that Telstra will implement to demonstrate that the provision of information provided by the key network services business unit or the wholesale business unit to wholesale customers about relevant changes to Telstra’s network is, to the extent possible, equivalent to the provision of the same or similar information to the retail business unit.
(2) The Information Equivalence Strategy must:
(a) describe how Telstra will inform wholesale customers of relevant changes in network functionality, network architecture, network capacity and operational support systems;
(b) identify:
(i) the type of information that will be provided to wholesale customers; and
(ii) the procedures for providing that information to wholesale customers; and
(iii) target timeframes for the provision of that information;
(c) set out a process in relation to forecasting of network demand that:
(i) enables a wholesale customer to inform Telstra of that customer’s forecast for network demand; and
(ii) requires Telstra to provide a response within a specified timeframe to that wholesale customer in relation to that customer’s forecast for network demand indicating Telstra’s capacity to meet the forecast demand; and
(d) specify the timeframe for the purposes of subparagraph 2(c)(ii).
(3) Subclause (2) does not limit the matters that the Information Equivalence Strategy may deal with.
(4) In this clause, relevant change means a change relevant to the supply of eligible services to wholesale customers.
Note Compliance
The plan must provide for the development of a Customer Responsiveness Strategy that includes a requirement for Telstra to measure its compliance with the Information Equivalence Strategy: see clause 12.
11 Information Security Strategy
(1) The purpose of the Information Security Strategy is to protect confidential information relating to Telstra’s wholesale customers.
(2) The Information Security Strategy must require Telstra to:
(a) ensure that the wholesale business unit does not disclose confidential information relating to a wholesale customer:
(i) to the retail business unit, unless authorised to do so by the wholesale customer; or
(ii) to the key network services business unit otherwise than on a need-to-know basis or where authorised to do so by the wholesale customer;
(b) ensure that the key network services business unit does not disclose confidential information relating to a wholesale customer to the retail business unit unless authorised to do so by the wholesale customer;
(c) ensure that an employee of the retail business unit or the key network services business unit who had been an employee of the wholesale business unit at any time does not disclose or use confidential information relating to a wholesale customer of which the employee had become aware whilst working for the wholesale business unit; and
(d) ensure that security arrangements are in place for all information systems that Telstra uses to store and transfer confidential information relating to a wholesale customer in order that:
(i) a member of staff of the retail business unit cannot access confidential information relating to a wholesale customer that is held by the wholesale business unit or the key network services business unit, unless authorised to do so by the wholesale customer; and
(ii) a member of staff of the key network services business unit can only access confidential information relating to a wholesale customer that is held by the wholesale business unit on a need-to-know basis or where authorised to do so by the wholesale customer.
(3) Subclause (2) does not limit the matters that the Information Security Strategy may deal with.
(4) In this clause:
confidential information relating to a wholesale customer includes but is not limited to:
(a) information identifying a wholesale customer or an end-user to whom a wholesale customer supplies an eligible service, which was provided by the wholesale customer in connection with the supply of an eligible service by the wholesale business unit; and
(b) information derived from information of the kind described in paragraph (a), whether or not in an aggregate form, that:
(i) would enable the identity of a wholesale customer to be ascertained; or
(ii) would enable the identity of an end-user to whom a wholesale customer provides an eligible service to be ascertained;
but does not include information of the kind described in subparagraph (b)(i) where the information is aggregated on a national basis.
need-to-know basis means a principle or policy of disclosing only such information as is necessary in order for a member of staff of the relevant business unit to perform his or her duties effectively.
Note Compliance
It is a requirement that Telstra report on its compliance with the Information Security Strategy in its annual compliance report: see Part 5.
12 Customer Responsiveness Strategy
(1) The purpose of the Customer Responsiveness Strategy is to:
(a) describe the measures that Telstra will implement to monitor its compliance with the Service Quality Strategy and the Information Equivalence Strategy;
(b) ensure that Telstra is responsive to complaints made by its wholesale customers; and
(c) establish a process for resolving disputes between Telstra and its wholesale customers.
(2) The Customer Responsiveness Strategy must describe the measures that Telstra will implement in relation to:
(a) complaints management and service improvement;
(b) alternative dispute resolution;
(c) monitoring compliance with the Service Quality Strategy; and
(d) monitoring compliance with the Information Equivalence Strategy.
(3) For the purposes of paragraph (2)(a), the Customer Responsiveness Strategy must set out:
(a) a process for dealing with day-to-day complaints made by wholesale customers, including a process for ensuring that complaints are dealt with in a timely and effective manner; and
(b) a process for Telstra to conduct regular reviews with wholesale customers about the quality of eligible services supplied to wholesale customers and for the management by Telstra of wholesale customers’ concerns.
(4) The process set out in the Customer Responsiveness Strategy for the purposes of paragraph (3)(b) must:
(a) enable Telstra’s wholesale customers to provide views and advice on how the operational or technical attributes of services supplied to them by Telstra could be improved in order to better meet their needs; and
(b) set out how Telstra will ensure that the views and advice provided by its wholesale customers are taken into account when Telstra takes decisions in relation to network and service upgrades or improvements.
(5) For the purposes of paragraph (2)(b), the Customer Responsiveness Strategy must, in relation to a dispute between Telstra and a wholesale customer about the technical or operational attributes of eligible services supplied to wholesale customers:
(a) establish a dispute resolution process, or identify an existing dispute resolution process, that can be nominated by either party to the dispute as an alternative to notifying the dispute to the ACCC, or continuing a previous notification (in this subclause, the ADR process);
(b) in a situation where one party to a dispute has suggested participating in the ADR process as an alternative to notifying the dispute with the ACCC, or continuing the notification, enable the other party to:
(i) agree to take part in the ADR process; or
(ii) refuse to take part in the ADR process; and
(c) provide a means by which, if one party suggests the ADR process as an alternative to notifying the dispute with the ACCC, or continuing the notification, and the other party agrees to take part in the ADR process, the outcome of the ADR process becomes binding on both parties to the dispute.
(6) For the purposes of paragraph (2)(c), the Customer Responsiveness Strategy must:
(a) set out how Telstra will ensure and monitor compliance with the requirements of the Service Quality Strategy;
(b) ensure that Telstra:
(i) identifies any failure to meet the obligations (including the key performance indicators) set out in the Service Quality Strategy;
(ii) documents any wholesale customer complaints in respect of such failure; and
(iii) takes action necessary to respond to complaints, including on a systemic basis where required, and documents that response.
(7) For the purposes of paragraph (2)(d), the Customer Responsiveness Strategy must:
(a) set out how Telstra will ensure and monitor compliance with the requirements of the Information Equivalence Strategy;
(b) ensure that Telstra:
(i) identifies any failure to meet the target timeframes identified under subparagraph 10(2)(b)(iii);
(ii) records any wholesale customer complaints in respect of such a failure; and
(iii) takes action necessary to respond to complaints, including on a systemic basis where required, and documents that response.
(8) This clause:
(a) does not limit the matters that the Customer Responsiveness Strategy may deal with; and
(b) does not limit the measures that the Customer Responsiveness Strategy may contain or describe in relation to the matters specified in subclause (2).
Note Compliance
It is a requirement that Telstra report on its compliance with the Customer Responsiveness Strategy in its annual compliance report: see Part 5.
Part 4 Requirements relating to equivalence of designated services
13 Establishment of a Price Equivalence Framework relating to designated services
(1) The plan must contain provisions requiring Telstra to establish and comply with a Price Equivalence Framework relating to designated services.
(2) For the purposes of subclause (1), a Price Equivalence Framework is a written document prepared by Telstra that is directed towards providing:
(a) public assurance that Telstra is behaving legitimately in the pricing of relevant eligible services supplied to customers of a retail business unit, when compared with the prices at which Telstra provides designated services to wholesale customers;
(b) increased certainty for Telstra that its pricing decisions do not contravene Part XIB of the Trade Practices Act 1974; and
(c) improved information for the ACCC in the performance of its functions under Part XIB of the Trade Practices Act 1974.
(3) The plan must contain provisions requiring Telstra to develop the Price Equivalence Framework in consultation with the ACCC and the Department.
(4) The plan must contain provisions that set out a process for the establishment of the Price Equivalence Framework by 30 June 2006.
(5) The plan must contain provisions requiring Telstra to make a copy of the Price Equivalence Framework available on Telstra’s Internet site.
14 Equivalent operational quality of designated services
(1) The plan must contain provisions setting out how Telstra will:
(a) demonstrate that the operational quality of designated services supplied to wholesale customers is equivalent to the operational quality of designated services supplied to the retail business unit; and
(b) establish notional contracts between the key network services business unit and the wholesale business unit, and the key network services business unit and the retail business unit, as a means of achieving equivalence in:
(i) the operational quality of designated services supplied to wholesale customers and the retail business unit; and
(ii) the standard of the delivery of:
(A) fault detection, handling and rectification; and
(B) service activation and provisioning;
in relation to designated services supplied to wholesale customers and the retail business unit.
(2) The plan must contain provisions requiring Telstra to make available on Telstra’s Internet site a copy of each of the notional contracts established in accordance with paragraph (1)(b).
(3) For the purposes of paragraph (1)(a), the plan must contain provisions that:
(a) demonstrate how the strategies in Part 3 of this Determination will assist in the achievement of equivalence in the operational quality of designated services supplied to wholesale customers and the retail business unit;
(b) describe how Telstra will ensure that service qualification provided by Telstra to a wholesale customer in relation to the supply of a designated service is equivalent to service qualification provided to the retail business unit in relation to the supply of that designated service, and, in particular, describe how Telstra will ensure equivalence in the time in which initial advice is provided in a particular instance to a wholesale customer or the retail business unit as to whether a designated service is presently capable of being supplied;
(c) identify target timeframes for the provision of advice by Telstra to a wholesale customer or the retail business unit as to whether a designated service is presently capable of being supplied;
(d) provide for the identification within a specified timeframe of key performance indicators relevant to:
(i) the operational quality of each designated service; and
(ii) the standard of delivery, in relation to designated services, of:
(A) fault detection, handling and rectification; and
(B) service activation and provisioning;
(e) specify the timeframe for the purposes of paragraph (3)(d);
(f) contain a strategy for measuring, on a specified regular basis, the equivalence of the operational quality of designated services supplied to wholesale customers and the retail business unit by reference to:
(i) the key performance indicators identified for that designated service in accordance with paragraph (3)(d); and
(ii) the adequacy and timeliness of responses to complaints by a wholesale customer or the retail business unit about the operational quality of the supply of a designated service; and
(g) specify, for the purposes of paragraph (3)(f), the regularity with which the equivalence of the operational quality of designated services supplied to wholesale customers and the retail business unit will be measured.
(4) For the purposes of paragraph (1)(b), the plan must contain provisions that:
(a) specify the timeframes for the development and implementation of notional contracts between the key network services unit and the wholesale business unit, and the key network services and the retail business unit, in relation to the supply of each designated service;
(b) specify the eligible services which the retail business unit supplies to end-users using designated services and which will be used to assess (including by reference to the key performance indicators identified in accordance with paragraph (3)(d)) the extent of equivalence in the standard of the delivery of fault detection, handling and rectification and service activation and provisioning in relation to designated services supplied to wholesale customers and the retail business unit;
(c) specify the commitments that Telstra must include in each notional contract that will demonstrate equivalence in:
(i) the operational quality of designated services supplied to wholesale customers and the retail business unit; and
(ii) the standard of the delivery of:
(A) fault detection, handling and rectification; and
(B) service activation and provisioning;
in relation to:
(C) designated services supplied to wholesale customers; and
(D) the eligible services specified in the plan for the purposes of paragraph (4)(b) which the retail business unit supplies to end-users using designated services;
(d) require Telstra to comply with the commitments in the notional contracts once the notional contracts are established;
(e) specify any performance measures other than the key performance indicators in paragraph (3)(d) that will be monitored in order to report on compliance with the commitments in the notional contracts.
(5) The plan must contain provisions that specify, for the purposes of paragraph (4)(c), a commitment that Telstra will meet or exceed the key performance indicators identified in accordance with paragraph (3)(d).
(6) In this clause, operational quality is to be interpreted as including technical quality.
Part 5 Compliance and reporting requirements
15 Compliance reporting
(1) The plan must contain provisions requiring Telstra, within 120 days of the end of a financial year, to:
(a) give a copy of its annual compliance report for that financial year to:
(i) the Minister; and
(ii) the ACCC; and
(b) make available on Telstra’s Internet site:
(i) a copy of its annual compliance report for that financial year; or
(ii) if the Minister has agreed to the publication of only particular extracts from its annual compliance report for that financial year, those extracts.
(2) The plan must contain provisions requiring Telstra, in each annual compliance report that it prepares, to address Telstra’s progress in implementing and operating in accordance with the plan, including but not limited to:
(a) Telstra’s progress in developing, implementing and complying with notional contracts;
(b) Telstra’s performance in meeting all of its obligations under the plan, including commitments contained in notional contracts;
(c) any areas of non-compliance with the plan and action taken to address non-compliance;
(d) complaints Telstra has received from wholesale customers;
(e) action taken by Telstra to respond to those complaints;
(f) action taken by Telstra in relation to address any systemic problems in relation to its obligations under the plan;
(g) the results of the measurements, taken in accordance with paragraph 14(3)(f), of the equivalence of the operational quality of designated services supplied to wholesale customers and the retail business unit;
(h) for the 2006-07 financial year and for each subsequent financial year, Telstra’s compliance with the Price Equivalence Framework established under subclause 13(1);
(i) for the financial year that includes the date specified by Telstra under paragraph 8(4)(b) as the date from which Telstra will meet the requirement of subclause 8(3) in respect of the Information Security Strategy, and for each subsequent financial year, Telstra’s compliance with the Information Security Strategy made under paragraph 8(1)(c) and in line with the requirements of clause 11; and
(j) for the financial year that includes the date specified by Telstra under paragraph 8(4)(b) as the date from which Telstra will meet the requirement of subclause 8(3) in respect of the Customer Responsiveness Strategy, and for each subsequent financial year, Telstra’s compliance with the Customer Responsiveness Strategy made under paragraph 8(1)(d) and in line with the requirements of clause 12.
16 Independent auditing
The plan must contain provisions requiring Telstra, within 120 days of the end of a financial year, to:
(a) give a copy of the independent audit report for that financial year to:
(i) the Minister; and
(ii) the ACCC; and
(b) make available on Telstra’s Internet site:
(i) a copy of the independent audit report for that financial year; or
(ii) if the Minister has agreed to the publication of only particular extracts of the independent audit report for that financial year, those extracts.
17 Organisational arrangements associated with compliance
(1) The plan must contain provisions requiring Telstra to appoint a suitably qualified person to a position in Telstra that has responsibility for:
(a) monitoring Telstra’s compliance with the plan;
(b) reporting on Telstra’s compliance with the plan;
(c) increasing awareness within Telstra of the requirements of the plan; and
(d) establishing and maintaining processes directed towards achieving compliance within Telstra with the plan.
(2) The plan must contain provisions providing that the duties of the person in the position referred to in subclause (1) include:
(a) accepting, facilitating and responding to requests for information from the ACCC;
(b) reporting to the Chief Executive Officer and the Board of Directors of Telstra, or a committee of the Board of Directors, on compliance with the plan;
(c) developing and overseeing an ongoing internal education program directed towards ensuring compliance with the plan;
(d) liaising with the external auditor responsible for the preparation of the independent audit report;
(e) monitoring the adequacy of processes for investigating and responding to complaints from wholesale customers; and
(f) monitoring implementation of measures to respond to non-compliance with the plan.
(3) The position referred to in subclause (1):
(a) must not be within the wholesale business unit, or the retail business unit, or the key network services business unit; and
(b) must be sufficiently senior in Telstra’s management structure to permit the person occupying that position to perform the duties listed in subclause (2).
(4) Subclause (2) does not limit the matters that may be the duties of the person in the position referred to in subclause (1).
18 Development of appropriate internal documents and programs
The plan must contain provisions requiring Telstra to develop appropriate programs and policies that are directed towards:
(a) educating Telstra’s employees about the role of, and the requirements of, the plan; and
(b) encouraging Telstra’s employees to meet the requirements of the plan.
19 Provision of information to the ACCC
The plan must contain provisions requiring Telstra to provide information to the ACCC:
(a) in the manner and form required by the ACCC; and
(b) within the timeframe that is specified by the ACCC;
if:
(c) the ACCC provides Telstra with a request in writing for information in relation to any matter directly related to the final operational separation plan;
(d) the ACCC provides Telstra with a written statement setting out reasons why the information is required for one or more of the following purposes:
(i) to enable the ACCC to monitor Telstra’s performance and progress in implementing the requirements in the final operational separation plan;
(ii) to enable the ACCC to investigate Telstra’s compliance with the plan:
(A) as a result of a complaint received by the ACCC from a wholesale customer; or
(B) where the ACCC has a reasonable basis to believe that Telstra has breached or may be in breach of the final operational separation plan;
(iii) to enable the ACCC to provide advice to the Minister about Telstra’s annual compliance report;
(iv) to enable the ACCC to provide advice to the Minister about Telstra’s independent audit report;
(v) to enable the ACCC to provide advice to the Minister in relation to a proposal by Telstra to vary the final operational separation plan or a final rectification plan;
(vi) to enable a review of the operational separation arrangements to be undertaken;
(vii) to enable the ACCC to enforce a final rectification plan; and
(e) the ACCC undertakes to notify the Minister of the making and details of its request.
20 Compilation and creation of documents for the ACCC
The plan must contain provisions requiring Telstra to compile reports or documents and provide them to the ACCC:
(a) in the manner and form required by the ACCC; and
(b) within the timeframe that is specified by the ACCC;
if:
(c) the ACCC provides Telstra with a request in writing to compile reports or documents in relation to any matter directly related to the final operational separation plan after:
(i) having provided Telstra with a draft request and sought Telstra’s comments about the costs that would be likely to be incurred by Telstra as a result of the request; and
(ii) having had regard to any written comments provided by Telstra about the costs that would be likely to be incurred by Telstra as a result of the request;
(d) the information to be contained in the reports or documents is not available in a suitably aggregated or disaggregated form;
(e) the ACCC provides Telstra with a written statement that the cost of compiling such reports or documents is reasonable and proportional given the purpose of, and likely benefit accruing from, its request for the compilation of the reports or documents;
(f) the ACCC provides Telstra with a written statement setting out reasons why the reports or documents are required for one or more of the following purposes:
(i) to enable the ACCC to monitor Telstra’s performance and progress in implementing the requirements in the final operational separation plan;
(ii) to enable the ACCC to investigate Telstra’s compliance with the plan:
(A) as a result of a complaint received by the ACCC from a wholesale customer; or
(B) where the ACCC has a reasonable basis to believe that Telstra has breached or may be in breach of the final operational separation plan;
(iii) to enable the ACCC to provide advice to the Minister on Telstra’s annual compliance report;
(iv) to enable the ACCC to provide advice to the Minister about Telstra’s independent audit report;
(v) to enable the ACCC to provide advice to the Minister in relation to a proposal by Telstra to vary the final operational separation plan or a final rectification plan;
(vi) to enable a review of the operational separation arrangements to be undertaken;
(vii) to enable the ACCC to enforce a final rectification plan; and
(g) the ACCC undertakes to notify the Minister of the making and details of its request and any written comments provided by Telstra about the costs that would be likely to be incurred by Telstra as a result of the request.
21 Creation of records for the ACCC
The plan must contain provisions requiring Telstra to:
(a) create records in the form required by the ACCC; and
(b) retain those records for the period specified by the ACCC;
if:
(c) the ACCC provides Telstra with a request in writing for Telstra to create and retain records in relation to any matter directly related to the final operational separation plan after:
(i) having provided Telstra with a draft request and sought Telstra’s comments about the costs that would be likely to be incurred by Telstra as a result of the request; and
(ii) having had regard to any written comments provided by Telstra about the costs that would be likely to be incurred by Telstra as a result of the request;
(d) the ACCC provides Telstra with a written statement that the cost of creating and retaining the records is reasonable and proportional given the purpose of, and likely benefit accruing from, its request for Telstra to create and retain those records;
(e) the ACCC provides Telstra with a written statement setting out reasons why the records may become necessary for one or more of the following purposes:
(i) to enable the ACCC to monitor Telstra’s performance and progress in implementing the requirements in the final operational separation plan;
(ii) to enable the ACCC to investigate Telstra’s compliance with the plan;
(iii) to enable the ACCC to provide advice to the Minister on Telstra’s annual compliance report;
(iv) to enable the ACCC to provide advice to the Minister about Telstra’s independent audit report;
(v) to enable a review of the operational separation arrangements to be undertaken; and
(f) the ACCC undertakes to notify the Minister of the making and details of its request and any written comments provided by Telstra about the costs that would be likely to be incurred by Telstra as a result of the request.
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