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Baker & McKenzie: Telecommunications Regulatory Update – November 2012

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 ACMA commences proceedings for failure to give access to the emergency call service

The ACMA has commenced proceedings against TPG Internet alleging it breached the Telecommunications (Emergency Call Service) Determination 2009 by failing to give access to the triple zero operator-assisted emergency call service. The breaches are alleged to have occurred over a period of approximately six months between March 2011 and September 2011.

The ACMA has reminded service providers supplying a standard telephone service that they must provide end-users with access to the emergency call service using the emergency service number 000.

For more information please see the ACMA Media Release.

ACCC consultation on NBN Co Special Access Undertaking

The ACCC has released the first public consultation paper on the Special Access Undertaking (SAU) which was lodged by NBN Co with the ACCC on 28 September 2012.

The SAU will play a key role in regulating the price and non-price terms on which NBN Co will supply services to other telecommunications companies. The ACCC is seeking comments on various aspects of the SAU, including in relation to NBN Co's pricing, product and service commitments.

The ACCC held a stakeholder forum on the SAU in Melbourne on 10 December 2012.

The ACCC is seeking submissions by Friday 11 January 2013.

For more information please see the ACCC Media Release. The SAU is available here.

ACCC consultation on new Telstra measures developed under the migration plan

The ACCC has released a discussion paper inviting comment on four measures developed by Telstra under its migration plan. Telstra requires the ACCC's approval of these measures. The measures are designed to:

·    provide appropriate protections to consumers and competition during the migration from Telstra’s copper and HFC networks to the NBN; and

·    set out how Telstra will secure confidential information provided to it by NBN Co.

The ACCC also seeks comments on the processes Telstra will follow when disconnecting services from its copper and HFC networks, which will occur 18 months after NBN Co declares a region 'ready for service'.

The ACCC is seeking submissions by Friday 14 December 2012.

For more information see the ACCC Media Release. You can view a copy of the discussion paper here.

ACCC publishes points of interconnection to the National Broadband Network

The ACCC has published a list setting out 121 points of interconnection (POIs) to the National Broadband Network (NBN). An NBN POI is the location at which retail service providers can connect to the NBN to provide services to their customers.

NBN Co has confirmed that 111 POIs will be located in Telstra exchanges with the remaining 10 POIs locations at NBN Co's own facilities.

For more information see the ACCC Media Release. The list with suburb locations of POIs is available here.

Proposal to exempt short-digit access codes from the annual numbering charge

The ACMA is seeking comment on a proposal to exempt 4 short-digit access codes from the annual numbering charges. The affected codes are:

·     carriage service provider identification codes;

·     virtual private network access codes;

·     international access codes; and 

·     incoming-only international access codes.

The ACMA is also proposing to restrict the number of these codes allocated to individual companies, to ensure that these access codes continue to be used efficiently when no longer subject to numbering charges.

The closing date for submissions is Wednesday 19 December 2012.

For more information please see the ACMA Media Release. You can view a copy of the proposed draft instruments here and here.

Measures from the Reform of the Telecommunications Industry Report

The ACMA is seeking comment on its proposal to allow infringement notices to be issued if a provider fails to comply with an ACMA direction to join the TIO scheme. The proposal follows recommendations in the Reform of the Telecommunication Industry Ombudsman Report released by the Department of Broadband, Communications and the Digital Economy in May 2012.

The ACMA seeks comments on this proposal by Sunday 23 December 2012.

For more information please see the ACMA Media Release. You can view a copy of the Reform of the Telecommunication Industry Ombudsman Report here.


Topics:  ACCC, Access Codes, ACMA, Broadband

Published In: Communications & Media Law Updates, Securities Law Updates, Administrative Law Updates, Business Organization Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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