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Date: Friday, 23 October 2009
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Joint Industry Statement on Communications Reform Legislation
The Telecommunications Amendment (Competition and Consumer Protection) Bill presently being considered by the Parliament is a long overdue, urgently needed and potentially profound reform that would be in the interest of all Australians.
The telecommunications sector is presently governed by a set of regulatory arrangements that have long been seen as fundamentally flawed because they have been unable to control or reduce the historic market power of Telstra.
The present legislative package is the first comprehensive attempt to resolve that market power problem and place all telecommunications retailers on a fair playing field.
The concern of Opposition and minor parties to ensure that the safety net for consumers is retained through the implementation of these pro-competition reforms is proper and understandable and should be supported.
The legislative package does contain measures that should enhance these protections. For example, the details of the standards of service required under the Universal Service Obligation and the Customer Service Guarantee will not in future be prepared by Telstra alone, but with an added layer of standards prepared by the Government. These changes are in addition to Telstra’s overall obligations and have the effect of strengthening the consumer protection regime and improving enforcement.
The greatest benefit to consumers from the legislation will come not from these protections, however, but from the impetus it should provide for greater competition. The communities that will benefit most are those that are most disadvantaged by the lack of competition today, especially rural communities that have seen their choice of communications provider diminish in recent years in the face of resurgent Telstra market power.
On the other hand, the cost of delay is real, immediate and an impost on all Australians. Delaying the passage of the legislation until next year would mean benefit would not flow until 2011 at the earliest. There is also a risk that the legislation might never be passed if the opportunity we are presented with today is not seized.
For these reasons, we urge all members of Parliament and Senators to support the passage of the Bill and to not delay considering it.

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