an is a point in a network operated by a access seeker network location service provider that is not a point of interconnection or a customer transmission point In the Discussion Paper the ACCC sought comments on whether the above descriptions for a of interconnect’, access seeker network location’ ‘point ‘an and customer transmission point’ in the DTCS service description are ‘a sufficiently clear and whether it may be appropriate to consider a revised description for these terms. Views of interested parties Macquarie, NBN Co and Telstra submit that the current definitions for point of ‘a interconnect’, access seeker network location’ and customer transmission point’ ‘an ‘a in the DTCS service description are appropriate and do not need to be redefined. Nextgen submits that the definition of transmission is unclear and ‘customer proposes that transmission point’ should be defined as a: ‘customer point at which an access provider currently delivers a service to its own customers, wholesale or retail. ACCC preliminary views The ACCC notes that submitters, with the exception of Nextgen, either agree to retain current definitions or do not make any submissions. In relation to Nextgen’s definition of transmission point’, the ACCC considers that Nextgen’s suggestion to ‘customer define transmission point’ provides further clarity and should be adopted ‘customer into the service description. Other definitions of transmission points will be retained. Outdated terminology In the Discussion Paper the ACCC noted that a number of legislative changes have occurred since the last review of the DTCS declaration and that the service description should be updated to reflect these changes. The legislative changes include: the repeal of ordinary class exemptions (sections 152AS) and ordinary individual exemptions (section 152AT) from the CCA, and the replacement of the with the CCA. Trade Practices Act 1974 The ACCC also considered that it may be appropriate to review references to the term in the DTCS service description that ordinary class exemption and ‘exempt’ ordinary individual exemption processes have been repealed from the CCA. Views of interested parties NBN Co and Telstra submit that is has no issue with retaining in the current ‘exempt’ DTCS service description and NBN Co adds that if the term was to change, an appropriate definition could be ‘deregulated.’ Macquarie proposes to replace with as the term exempt is usually ‘exempt’ ‘specified’ used to describe something which is of obligation’ and in the context of the ‘free
an access seeker network location is a point in a network operated by a service provider that is not a point of interconnection or a customer transmission point In the Discussion Paper the ACCC sought comments on whether the above descriptions for a ‘point of interconnect’, ‘an access seeker network location’ and ‘a customer transmission point’ in the DTCS service description are sufficiently clear and whether it may be appropriate to consider a revised description for these terms. Views of interested parties Macquarie, NBN Co and Telstra submit that the current definitions for ‘a point of interconnect’, ‘an access seeker network location’ and ‘a customer transmission point’ in the DTCS service description are appropriate and do not need to be redefined. Nextgen submits that the definition of ‘customer transmission is unclear and proposes that ‘customer transmission point’ should be defined as a: point at which an access provider currently delivers a service to its own customers, wholesale or retail. ACCC preliminary views The ACCC notes that submitters, with the exception of Nextgen, either agree to retain current definitions or do not make any submissions. In relation to Nextgen’s definition of ‘customer transmission point’, the ACCC considers that Nextgen’s suggestion to define ‘customer transmission point’ provides further clarity and should be adopted into the service description. Other definitions of transmission points will be retained. Outdated terminology In the Discussion Paper the ACCC noted that a number of legislative changes have occurred since the last review of the DTCS declaration and that the service description should be updated to reflect these changes. The legislative changes include: the repeal of ordinary class exemptions (sections 152AS) and ordinary individual exemptions (section 152AT) from the CCA, and the replacement of the Trade Practices Act 1974 with the CCA. The ACCC also considered that it may be appropriate to review references to the term ‘exempt’ in the DTCS service description that ordinary class exemption and ordinary individual exemption processes have been repealed from the CCA. Views of interested parties NBN Co and Telstra submit that is has no issue with retaining ‘exempt’ in the current DTCS service description and NBN Co adds that if the term was to change, an appropriate definition could be ‘deregulated.’ Macquarie proposes to replace ‘exempt’ with ‘specified’ as the term exempt is usually used to describe something which is ‘free of obligation’ and in the context of the
Draft%20DTCS%20declaration%20decision.docx