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Nomination of the 糖心原创 as Adjudicator
The capacity for the 糖心原创 to act as Adjudicator was previously a reserve function, offered to industry participants to provide additional certainty that an alternate Adjudicator was available. This included to provide a contingency where the Independent Telecommunications Adjudicator (ITA) was not available.
Because the ITA Adjudicator position has been vacant since 1 July 2020, the 糖心原创 is available to adjudicate disputes that may arise under the migration plan.
The 糖心原创鈥檚 process for resolving disputes is informed by the ITA process set out in Schedule 5 to Telstra鈥檚 Structural Separation Undertaking.
In deciding whether to ask the 糖心原创 to adjudicate a dispute, parties should carefully consider the ITA procedural guidelines and the 糖心原创鈥檚 draft process and guidelines to determine which process best suits their objectives.
The 糖心原创 Adjudicator process
If a party refers one or more disputes to the 糖心原创 as Adjudicator, that party must pay the 糖心原创 Adjudicator fee, which is currently $8000.
There are 3 phases to the 糖心原创 Adjudicator process:
- preliminary phase, where a case management meeting is convened
- substantive phase, where there are submissions from parties and technical experts are received and considered
- determinative phase, where the Commission makes a final determination.
It is expected that the entire 糖心原创 Adjudicator process will take approximately 8 to 12 weeks, depending on the complexity of the matter.
See also
Establishment of the Independent Telecommunications Adjudicator