Primus scores $8 million refund from Telstra PDF Print E-mail
Written by Stuart Corner   
Thursday, 10 January 2008
Primus Telecom says it expects to receive about $8 million from Telstra as a result of back-dated ACCC-mandated reductions in the price Primus has been paying Telstra for access to its local lines in order to deliver ADSL services to its customers.
The ACC has issued two separate final determinations on access disputes between Primus and Telstra Corporation for unconditioned local loop services (ULLS) - where Primus gets exclusive access to a customer's line from the Telstra exchange - and line sharing services (LSS) - where Telstra, or another service provider, provides a telephone service on the line simultaneous with Primus using it to deliver ADSL.

The ACCC has determined a price for ULLS services for Band 2 (metropolitan areas where most Primus customers reside) of $14.30 per month, compared to Telstra's proposed charge of $30.00 per month and a price for the LSS of $2.50, compared to Telstra's proposed charge of $9.00 per month.

The determinations take effect on January 10 and are back-dated to February 3, 2006 for ULLS and to October 9, 2006 for LSS. As a result, Primus says it expects to receive refunds from Telstra in the range of $7.0 million to $7.5 million plus interest of approximately $0.7 million. At current customer levels, Primus says its recurring costs will be reduced by approximately $3.0 million per year.

A decision in July  on a similar dispute between iiNet and Telstra gave iiNet a $16 million refund and savings of almost $1 million per month on its then current customer base. There are also a number of similar disputes between other service providers and Telstra still being arbitrated by the ACCC.

The ACCC's website lists these as being, for the ULLS: Optus, Chime Communications (iiNet), XYZed (an Optus subsidiary), Powertel and Request Broadband (both now part of AAPT), Macquarie Telecom, NEC Australia (Nextep), Adam Internet, TPG Internet, Agile (Internode) and Soul Pattinson Telecommunications (Soul); and for the LSS, Chime.

Ravi Bhatia, managing director of Primus Australia, said: "mandated competitive wholesale pricing is critical to Primus's ability to continue to offer Australian consumers a choice of outstanding high speed broadband services at attractive and affordable prices. Moreover, the final determinations also allow us to make investment decisions to expand our broadband service portfolio and coverage and offer higher speed broadband services."

The ULLS determination expires on June 30, 2008, and the LSS determination on July 31, 2009. Although Telstra cannot directly appeal the final determinations, it may seek judicial review of the ACCC's decisions. Primus says that it expects the ACCC to publish indicative prices in early 2008 to provide a basis for pricing beyond June 30, 2008. These are likely to be similar to the prices in the determination



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