Telstra execs will receive law compliance training after ACCC probe into competition

The telco says it disagrees with the competition watchdog’s findings of anticompetitive conduct, but will begrudgingly give up 315 sites across the country.

A Telstra spokesman said the telco did not agree with the ACCC’s views that its actions were potentially anticompetitive.

Telstra has been forced to address 5G competition concerns and will deregister hundreds of radiocommunications sites, following an ACCC investigation into claims it was hindering the national network deployment of rival telco Optus.

The ACCC said on Wednesday that an investigation found Telstra’s registration of telecommunications sites in low-band spectrum had interfered with Optus’ plans, and therefore prevented Optus from engaging in competitive conduct in the telco market.

The undertaking requires Telstra to deregister all 315 radiocommunications sites it registered with communications regulator ACMA in the 900MHz (5G) spectrum band in January 2022 that would have prevented Optus from early access to the spectrum.

The watchdog claims Telstra has only used a limited number of these sites.

Telstra will also give its board of directors, CEO and other senior staff competition law compliance training.

“Telstra’s undertaking will ensure Optus is not hindered from expanding its 5G rollout, giving more Australians access to a choice of 5G services in regional and metropolitan Australia,” ACCC Commissioner Liza Carver said.

“This is critical as 5G network coverage becomes an increasingly important factor in consumer choice in mobile phones and mobile plans.”

In mid-August the ACCC is set to rule on a major proposal between Telstra and TPG to share rural networks, a move Optus has claimed will be detrimental to competition, and end users.

A Telstra spokesman said the telco did not agree with the ACCC’s views that its actions were potentially anticompetitive.

“Optus complain about anything we do – if they focussed instead on providing a better service to their customers they would not be so far behind us on so many fronts and their customers would be better off,” the spokesman said.

“Our focus here was on improving service for our customers, including relieving 3G congestion in some parts of regional Australia.

Optus VP of Regulatory and Public Affairs Andrew Sheridan. Picture: Supplied

“While we do not agree with the ACCC’s view...to avoid that we have filed an undertaking to deregister sites in areas Optus demonstrates it will use the spectrum in its 5G rollout.

“We are confused about Optus’s strategy. On the one hand they are threatening an investment strike if the ACCC approves our (rural network sharing) deal and on the other hand they are desperate to get early access to the spectrum to build sites in the same area. It feels very convenient.”

Optus’ vice president for regulatory and public affairs Andrew Sheridan said his company was pleased with the outcome.

“Optus was concerned that our major competitor was gaming the system to delay our 5G rollout to gain an unfair advantage and deny Australians choice,” he said.

“We are pleased with the actions taken by the ACCC to promote 5G competition for Australia’s consumers and businesses.”