National Broadband Network - Request for Proposals
The Australian Government is holding a competitive tendering process for the construction and rollout of a national next generation broadband network (NGN). The NGN is the lynchpin in the Australian Government’s strategy to grow and exploit the “digital economy”, and is intended to be an enduring, critical element of Australia’s infrastructure. To facilitate construction and rollout, the Australian Government has committed to provide up to $4.7 billion in funding and any necessary regulatory changes to facilitate the rollout. In the broader context, the process will transform the Australian telecommunications industry and the regulatory framework in which it operates. We are assisting Telstra with its proposal for the NGN.
Telstra Constitutional Proceedings (Telstra v Commonwealth [2008] HCA 7)
Telstra operates in a heavily regulated environment. We explored options with Telstra to ensure it operates within the law but can also pursue its legitimate commercial objectives free of improper or unnecessary regulatory constraint. In these proceedings Telstra challenged the constitutional validity of key parts of the telecommunications regulatory regime. The focus was predominantly on having to provide access to its infrastructure to competitors at prices determined by the Australian Consumer and Competition Commission.
Optus Home Access Litigation
We acted for Telstra in defending an action for compensation brought by Optus when Telstra increased the price of its wholesale line rental (WLR) product sold to Optus and other of Telstra's competitors. This was the first time a competitor (Optus) had sued another (Telstra) for compensation under Pt XIB of the telco specific competition provisions of the Trade Practices Act, relying on a Competition Notice issued by the ACCC. Optus alleged that Telstra's conduct in raising the price of WLR had the purpose or effect of substantially reducing competition in the retail market for telephony access and calls in circumstances where Telstra had no commensurately increased the price of its own retail access and calling products.
Exemption Strategy
We are advising Telstra on a number of applications to the Australian competition regulator (the ACCC) for exemption from ex-ante regulation of certain fixed-line services. A recent successful outcome is the ACCC's draft decision in April 2008 to exempt local calls and line rental in KEY METROPOLITAN AREAS subject to certain conditions. This development has been welcomed by Telstra as a significant and positive development for Telstra and the long term interest of consumers. It has the potential to change the competitive landscape in areas where rivals can economically build their own fixed networks to compete with Telstra.
Telstra/Crazy John’s Confidential Information Litigation
We successfully acted for Telstra in proceedings against Crazy John’s which resulted in Crazy John’s giving the Court and Telstra undertakings prohibiting Crazy John’s from using information about Telstra’s mobile customers.
Crazy John’s had been one of Telstra’s largest mobile phone dealers. Telstra terminated Crazy John’s mobile phone dealership in 2007, and Crazy John’s then commenced operating a competing business selling Vodafone and its own branded mobile phone services.
Telstra Corporation Limited and Sensis Pty Ltd v Phone Directories Pty Ltd & Ors
We are acting for Telstra and Sensis in Federal Court litigation instituted against Phone Directories Company and Australian Local Directories. Telstra and Sensis are responsible for publishing the iconic Yellow(TM) and White Pages(R) directories. Telstra and Sensis allege that the respondents have infringed copyright subsisting in the Yellow(TM) and White Pages(R) directories and have passed off or misrepresented their own "Local Phonebook" telephone directories to be associated or connected with Telstra or Sensis.
“In telecoms, the practice possesses exceptional depth throughout Australia and Asia.”
Asia Pacific Legal 500 2006-2007