Our firm provides advice in all areas of telecommunications regulation, including carrier licensing, facilities access, carrier land access powers, service provider community service obligations and industry codes, and has significant experience with the telecommunications-specific competition and access provisions in the Trade Practices Act.
Our Expertise
We have particular experience in:
access arbitrations;
construction arrangements;
network rollout;
interconnect and other wholesale arrangements;
retail contracts;
technology procurement and outsourcing;
competition and commercial issues in the telecommunications sector;
carrier land access powers and obligations;
consumer legislation;
industry codes and standards;
advertising and sales conduct;
VoIP, naked DSL and other innovative products;
privacy and spam legislation.
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Our Telecommunications team has been recognised as a high performer, winning the 2008 ACOMMS Communications Alliance and CommsDay Award for services to Industry - Professional Services Excellence. The team was also a finalist for the award in 2007 and 2009.
Australian Legal Business, in its 2009 feature on Technology, Media and Telecomunications rated Herbert Geer as a leading firm and partner Graham Philllips as a leading lawyer. Special Counsel Tony Dooley was also recognised for his excellence at all aspects of telecommunications law.
Recent Highlights
Access pricing
Herbert Geer has led the way in telecommunications access disputes, currently conducting over half of the fixed line arbitrations before the ACCC. These arbitrations assist carriers to obtain reasonable charges and terms of access to declared services owned by Telstra.
In a recent landmark decision for one of our clients, the ACCC determined a 72% price reduction on Telstra’s contract prices backdated to 2004. This resulted in a $16 million lump sum payment to our client, plus ongoing savings of close to $1 million per month. Herbert Geer successfully acted on behalf of this client and others in an ADJR action brought by Telstra in the Federal Court, appealing the ACCC’s final determinations.
In 2007, Herbert Geer acted for 7 of the 11 industry defendants in successfully defending a High Court constitutional proceeding brought by Telstra challenging the validity of the access regime under Part XIC of the Trade Practices Act 1974. This work exploits Herbert Geer’s expertise in competition law and belief that the competition regime is necessary to ensure growth and technological advancement in telecommunications.
National Broadband Network
Herbert Geer is advising a number of clients in relation to network builds, procurement agreements and regulatory issues regarding the roll-out and operation of a National Broadband Network for Australia.
Tasmanian Government Optic Fibre Network
Herbert Geer assisted the Tasmanian Government in the commercialisation of its backbone transmission, which recently connected to National Grid’s Bass Strait link. This provides the only alternative backhaul to Telstra’s cables, thus helping facilitate competitive entry to Tasmania.
Promotion of best industry practice in customer contracts
Herbert Geer has redrafted consumer contracts for several clients based upon compliance with Communications Alliance Codes, particularly the Telecommunications Consumer Protection Code and its predecessors, and relevant legislation, such as the unfair consumer contract term provisions of the Victorian Fair Trading Act.