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Practice Area

Telecommunications  

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.

    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 is now acting 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 has been instructed by a number of our clients to assist them, as consortium members of Terria, with responding to the Federal Government’s Request for Proposals to roll-out and operate a National Broadband Network for Australia.

    Tasmanian Government Optic Fibre Network

    Herbert Geer is assisting the Tasmanian Government in the commercialisation of its backbone transmission, which will connect to National Grid’s Bass Strait link.  This will provide 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.


    Partner
    Graham Phillips
    Ph: 03 9641 8639
    Fax: 03 9670 5670
    Contact Graham
     
    Partner
    Dan Brush
    Ph: 02 9239 4541
    Fax: 02 9239 4555
    Contact Dan
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