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MINISTER FOR COMMUNICATIONS, INFOR.t\1ATION TECHNOLOGY AND THE ARTS

1BOCT 100S

Senator the Hon Helen Coonan

PARLIAMENT HOUSE CANBERRA ACT 2600

Senator Barnaby Joyce Senator for Queensland Parliarnent House

CANBERRA ACT 2600

Telephone: (02) 6277 7480

Facsimile: (02) 627] 4154 www.minister.ccit3.go v.au

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COT cases and related disputes and TeIstra's Regional and Rural Presence Plan
Thank you for your letters of 5 and 6 October 2005 concerning outstanding claims against Telstra and Telstra's Local Presence Plan. I wrote to you in relation to both oftbese matters on 13 September and am now working on giving effect to the commitments given in that letter.
COT cases and related disputes

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As I said in my letter of 13 September, I agree that there should be finality for all outstanding COT cases and related disputes and that the most effective way to deal with these is for me to appoint an independent assessor to review the status of all outstanding claims and to provide a basis for any sustainable claims that have not been resolye.d through earlier processes . I have received from your office a list of names of people and organisations that have made representations to you which will be considered by an independent assessor. ro nate to conduct an independent I am currently wnsjdering who waulQ,be most assessmenJJ?f the cases you have referred to my office. When appointe<!, the independent assessor will uct e assesstnentwith regard to the fGHowing issu.es:_ _ _ __

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the adequacy ofTelstra's responses to tlJe outstanding claims; whether the claimants have availed themselves or are aware of alternative dispute resolution mechanisms; whether there is a basis for any sustainable claims that have not been resolved through earlier processes; and do the cases constitute evidence of a systemic problem \vith Telstra's complaint handling or dispute resolution procedures or of impediments to access alternative dispute resolution mechanisms.

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The independent assessor will also seek to identify ways by which the claimants themselves could appropriately progress their claims within the existing complaint and dispute resolution framework in the telecommunications sector.

The Denartrnent ofComrnunications, Infonnation Technology and the Arts will write to each "person on the list provided by your office, suggesting they respond if they wish to have their case independently assessed in order to ascertain whether and what dispute resolution processes are available to them.
I am aiming to have the independent assessor to be appointed and the process to have commenced by the end of this year and to receive a report on the outcome of the assessment of each case by March 2006.

Telstra 's Regional and Rural Presence Plan

I agree with you about the need for Telstra's Rural and Regional Presence Plan to outline how it proposes to meet ongoing service demands. As you point out, Telstra Country Wide has made an enonnous contribution to Telstra's service provislon in regional Australia to date. Maintaining tIlls into the future was the premjse behind the Estens recommendation that a local presence licence condition be imposed on Telstra. As you know there is currently a draft Rural and Regional Presence Plan out for public comment. Submissions on the draft close on 11 November 2005. Telstra has actively sought comments on the draft plan from a broad range of groups representing the interests ofpeople in regional and rural Australia including the National Farmers Federation, the Isolated Children's Parents' Association, the Royal Flying Doctor Service, and local government representatives such as the Mayor of Roma. The next stage of the process involves Telstra submitting its plan for approval. As part of the process of deciding whether or not to approve the plan, I will certainJy be seeking your views and those of other colleagues. As a way of co-ordinating consultation I propose to work with the Government Communications Policy Committee but I will ensure that other interested members and senators who are not officially on this Committee are included in the process. I will write to you agam as further progress is made on both of these matters. I have copied this letter to the Prime Minister, and Deputy Prime MiIUster.

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~--------~HELEN COONAN

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