Exemption application9 Jul 2007

Telstra provided the ACCC with an application for exemption from the standard access obligations relating to the LCS and WLR in 371 exchange service areas across metropolitan Australia. Telstra also provided a submission supporting the application, along with attached witness statements and reports.

Telstra confidentiality

Telstra provided a public version of the submission and a public version of a report by CRA on the economic considerations for the exemptions at the time of submitting the application. On Monday 16 July 2007, Telstra also provided public versions of the Telstra employee witness statements at Annexure B, D, E and H of its submission. Telstra has stated that it will not be providing public versions of the documents at Annexure C, F, G, I and J of its statement, as the extent of masking is so extensive that the public versions are of no assistance.

Telstra has stated that it is prepared to provide confidential versions of the submission and all attachments and annexures to people who sign confidentiality undertakings in an appropriate form.

The exemption applications and the public versions of the submission, CRA report and four Telstra employee witness statements are available below.

Telstra supplied a supplementary submission in support of its applications in August 2007. Telstra also provided a supplementary statement by CRA, an explanatory statement and further witness statements on 11 October 2007. Telstra has only provided a public version of the CRA statement and one witness statement. For the remaining statements, Telstra has stated that the extent of masking needed is so extensive that public versions would be of no assistance.

Telstra supplementary submissions

On 12 October 2007 Telstra provided the ACCC with two further applications for exemption from the standard access obligations relating to the LCS and WLR service in 16 exchange service areas across metropolitan Australia (October 2007 LCS and WLR exemption applications).

On 26 March 2008 Telstra submitted a report by Professor Martin Cave to both the July and October LCS and WLR exemptions. 

On 7 April 2008 Telstra provided the ACCC with three supplementary statements in support of its exemption applications. Telstra only provided public versions of two of the reports - the Paterson Report and a Telstra Witness Statement. Telstra stated that it is prepared to provide the full confidential versions of all documents to agreed persons who provide Telstra a signed confidentiality undertaking in a form acceptable to Telstra.

Optus supplementary submission

On 11 January 2008 Optus made a submission to the ACCC regarding Telstra's July 2007 and October 2007 exemption applications in relation to the WLR service and the LCS.

Optus provided a public and confidential version of the submission. Optus stated that it is willing to provide interested parties with copies of the confidential submission it provided to the ACCC. Parties wishing to access this confidential material need to execute a confidentiality undertaking, which is available from Carolyn Yan of Optus at carolyn.yan@optus.com.au