Telstra - Unconditioned local loop service monthly charge undertaking 2005

The revised version of the draft decision contains Appendix D, which relates to the weighted average cost of capital.

Confidential submissions

Optus submitted these documents to the ACCC before 21 July for consideration in the ACCC's final decision:

• Optus, Telstra's PIE II model, May 06
• Optus, The interaction between retail pricing parity obligations and deaveraged ULLS pricing, Feb 06
• NERA, Assessment of the PIE II model - a report for Optus, Jul 03
• NERA, Comments on PSTN conveyance costs in PIE II - a report for Singtel Optus, Mar 04
• NERA, Role of TSLRIC in telecommunications regulation - a report for Optus, Jul 03.

Public submissions

Confidential submissions

The ACCC received three submissions provided by Mr Derek Francis in final form on 9 August 2006 on behalf of a group supporting telecommunications deregulation.

Optus also provided two confidential submissions to the ACCC after 21 July:

• a supplementary submission about ULLS price averaging (11 August 06)
• a response to Telstra's post-21 July submissions (August 06).

Public submissions

Telstra submitted numerous confidential documents to the ACCC's assessment of Telstra's ULLS undertaking, after 21 July. Telstra undertook to provide public versions of the majority of these documents, but is yet to provide a large number of the public versions. The ACCC has published the public versions of documents that it has received. A list of documents for which Telstra undertook to provide public versions, but has yet to do so, is available.

Telstra supplied the ACCC with a large number of documents on an ongoing basis during the ACCC's assessment of Telstra's ULLS monthly charge undertaking. In its final decision to reject the undertaking, the ACCC examined all submissions and material received up to and including Tuesday 22 August 2006 and was satisfied that it had sufficient information on which to make a fully informed decision. Telstra submitted a small number of documents after this time but before the final decision was made on Friday 25 August 2006.

The documents attached are public versions of documents that Telstra submitted to the ACCC after 22 August 2006.

Telstra submitted numerous confidential documents to the ACCC's assessment of Telstra's ULLS undertaking, after 21 July 2006. Telstra undertook to provide public versions of the majority of these documents, but did not provide a large number of these public versions before the final decision was made on 25 August 2006. The ACCC published the public versions of documents that it had received and sought public versions of the outstanding documents from Telstra.

Telstra provided the outstanding public versions during November 2006. There were a number of documents which Telstra indicated it was unable to provide public versions for because, after further investigation, it had discovered it was subject to confidentiality restrictions from third parties.

Telstra has indicated that it is unable to provide public versions of these documents because further investigations had revealed that the documents were confidential in their entirety:

• Ernst and Young, Best Practices in accounting for the costs of developing or obtaining internal-use software (29 Jun 06)
• Ernst and Young, Global Telecom Depreciation Survey (Oct 02)
• Mitchell, ULLS Commentary on NERA/Optus submissions (Aug 06)
• PriceWaterhouseCoopers, Telco Network Service Lives (Mar 99)
• PriceWaterhouseCoopers, Telco capitalised software expenditure (23 Aug 99)
• Telstra, Telstra's Response to the NERA Submission to the ACCC called: Assessment of the PIE II Model - A Report for Optus - July 2003 (21 Aug 06)
• Telstra, Telstra's Response to the Optus Averaging Submission to the ACCC on: The Interaction Between Retail Pricing Parity Obligations and Deaveraged ULLS Pricing dated February 2006 (22 Aug 06).