0
ITA  The IndependentTelecommunicationsAdjudicator scheme            Rob Nicholls             Adjudicator            0407 4...
Background                                                                      ITA    The Independent Telecommunications...
The ITA Adjudicator                                                                  ITA    In June 2012 the ACCC approve...
ITA Process                                                                         ITA    The ITA Process is intended to...
The ITA Process                                                                               ITA        0                ...
The ITA Deed                                                                                         ITA       The ITA Pr...
Determinations                                                                          ITA    Binding except where:     ...
Determinations                                                                          ITA    Directions to modify syste...
More information                                                           ITA    www.theita.com.au    http://www.accc.g...
ITA  The IndependentTelecommunicationsAdjudicator scheme            Rob Nicholls             Adjudicator            0407 4...
Upcoming SlideShare
Loading in...5
×

D1 1555 rob nicholls

2,607

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
2,607
On Slideshare
0
From Embeds
0
Number of Embeds
2
Actions
Shares
0
Downloads
8
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Transcript of "D1 1555 rob nicholls"

  1. 1. ITA The IndependentTelecommunicationsAdjudicator scheme Rob Nicholls Adjudicator 0407 477 991 theadjudicator@theita.com.au
  2. 2. Background ITA  The Independent Telecommunications Adjudicator (ITA) is a dispute resolution body established under Telstra’s Structural Separation Undertaking (SSU)  The Office of the Independent Telecommunications Adjudicator (the ITA company) was established by Telstra in May 2012  In May 2012 the ACCC approved the Charter of Independence submitted by the ITA company  In June 2012 the ACCC approved the appointment of Norton Rose Australia for the role of ITA company probity advisorCommsDay Melbourne Congress 9 October 2012 2
  3. 3. The ITA Adjudicator ITA  In June 2012 the ACCC approved the appointment of Dr Rob Nicholls as ITA Adjudicator after consultation with wholesale customers on the appointment  Process commenced with appointment by the ITA company  The ITA Adjudicator is bound by the ITA Constitution, Charter of Independence and the terms of the SSUCommsDay Melbourne Congress 9 October 2012 3
  4. 4. ITA Process ITA  The ITA Process is intended to operate as a “fast track” dispute resolution process between a Wholesale Customer and Telstra  The ITA Adjudicator or the ACCC acting as the Adjudicator, will investigate and resolve:  a non-price equivalence complaint under the SSU  a dispute arising under the Migration Plan  Process is intended to be independent, fast, flexible, pragmatic, efficient and cost-effective  Where possible, the objective of the process is to obtain an agreed or mediated outcome to a dispute  The process is also directed at undertaking a root cause analysis of disputes and achieving a permanent resolution to the disputeCommsDay Melbourne Congress 9 October 2012 4
  5. 5. The ITA Process ITA 0 5 10 15 20 24 Time (Bus days) Parties provide Parties’ further material subsPreliminary Pre-determination FinalConference Conference Decision CommsDay Melbourne Congress 9 October 2012 5
  6. 6. The ITA Deed ITA  The ITA Process is only available to parties who have entered into an ITA Deed and paid the relevant fees owing under the deed. By signing the ITA Deed, the parties agree to:  Pay the Referral Fee of $8,000 (if it is the party referring the dispute to the ITA)  Ensure they have paid the ITA Process Fee for that Financial Year ($8,000)  Comply with the ITA Process set out in Schedule 5 of the SSU  Co-operate in good faith and provide reasonable assistance to the Adjudicator  Keep their participation in the ITA process confidential (including all information connected with the ITA Process)  Pay any costs they are directed to pay by the Adjudicator  Be bound by, and comply with, the final determination of the ITA Adjudicator, if applicableCommsDay Melbourne Congress 9 October 2012 6
  7. 7. Determinations ITA  Binding except where:  there is a manifest error on the face of the document  the final determination is inconsistent with the SSU  a Wholesale Customer gives notice that it does not wish to be bound within 10 business of the final determination  Monetary Caps  Per event cap: the Adjudicator cannot require a party to incur total costs of more than $1M in relation to the same conduct  Annual aggregate cap: the Adjudicator cannot require a party to incur total costs of more than $10M in any calendar yearCommsDay Melbourne Congress 9 October 2012 7
  8. 8. Determinations ITA  Directions to modify systems or processes  The Adjudicator may make a direction requiring a party to provide the Adjudicator with a proposal for the modification of that party’s processes or systems to resolve that problem. Party obliged to implement  Alternatively, the Adjudicator may then give a direction which prescribes the changes to be made or the particular design features that are required  Referrals to the ACCC or to the ITA Adjudicator  At any time prior to the Final Determination, the Adjudicator can refer the matter to the ACCC  The ACCC can refer a complaint to the ITA Adjudicator if it thinks the matter should be referred to the AdjudicatorCommsDay Melbourne Congress 9 October 2012 8
  9. 9. More information ITA  www.theita.com.au  http://www.accc.gov.au/content/index.phtml/itemId /1042497  Schedule 5 of the SSU  Charter of Independence  ITA Constitution  theadjudicator@theita.com.au  0407 477 991CommsDay Melbourne Congress 9 October 2012 9
  10. 10. ITA The IndependentTelecommunicationsAdjudicator scheme Rob Nicholls Adjudicator 0407 477 991 theadjudicator@theita.com.au
  1. A particular slide catching your eye?

    Clipping is a handy way to collect important slides you want to go back to later.

×