Notification of access disputes
153ZEM Notification of access disputes
This section applies in relation to a CS service if it is a declared CS service.
If:
an access seeker for the CS service is unable to agree with the provider on one or more aspects of access to the CS service that are or have been the subject of a negotiation under Division 3; and
the access seeker and the provider are or were parties to the negotiation;
either party may notify the Commission in writing that an access dispute exists.
An example of one of the things on which a provider and an access seeker for a CS service might disagree is whether a previous determination ought to be varied.
The notification must include information about:
the issues (if any) on which agreement has been reached in the negotiation under Division 3; and
the issues that are in dispute; and
if regulations made for the purposes of this paragraph specify other matters—those matters.
On receiving the notification, the Commission must give notice in writing of the access dispute, as soon as practicable, to:
the provider, if the access seeker notified the access dispute; and
the access seeker, if the provider notified the access dispute; and
any other person whom the Commission thinks might want to become a party to the arbitration.
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