Telecommunications Regulatory Update - January 2012

International Mobile Telecommunications standards announced for next-generation mobile technology

Specifications for next-generation mobile technologies have been agreed at the International Telecommunications Union Assembly (ITU) in Geneva. The ITU has determined that "LTE-Advanced" and "WirelessMAN-Advanced" should be accorded the official designation of "IMT-Advanced".
 

IMT-Advanced systems include new capabilities beyond IMT-2000, widely deployed since 2000 and referred to as 3G mobile technologies. The ITU has now specified the standards for
IMT-Advanced, the next-generation of global wireless broadband communications that provide access to a wide range of packet-based telecommunication services supported by mobile and fixed networks.
 

IMT-Advanced systems support low to high mobility applications and a wide range of data rates in accordance with user and service demands in multiple user environments. IMT-Advanced also has capabilities for high quality multimedia applications within a wide range of services and platforms, providing a significant improvement in performance and quality of service

For further details see:
ITU Media Release

Open access wholesale service on Telstra fibre networks

The Minister for Broadband, Communications and the Digital Economy, the Hon. Senator Stephen Conroy has announced that Telstra will provide an open access wholesale service on fibre networks it is currently deploying in South Brisbane and other new real estate projects.

The Fibre Access Broadband Service will be provided to access seekers on request, on an open and equitable basis, and subject to oversight by the ACCC. Provision of the wholesale fibre service was a condition of the networks being exempted from certain regulatory arrangements under Parts 7 and 8 of the Telecommunications Act 1997.

These arrangements will come into effect in April 2012.
 

For further details see:

Minister's Media Release
NBN Access Act information

ACMA seeks discussion on technical migration issues for digital terrestrial television broadcasting

The ACMA has released a discussion paper, Beyond switchover - the future technical evolution of digital terrestrial television in Australia, seeking feedback on possible paths for the technical evolution of digital terrestrial television broadcasting after the transition to digital television is complete. The ACMA is seeking comment and input on:

• the post-switchover, post-restack technical evolution of digital terrestrial television broadcasting;
• the drivers for change, the paths for implementing change and whether intervention by the regulator is necessary;
• which short to medium interventions, if any, might yield long term benefits; and
• actions that can be undertaken now to foster or create favourable conditions for the realisation of benefits once the digital switchover and restack of services is completed.

Submissions to the discussion paper close on 30 March 2012.
 

For further details see:

Vodafone promises to improve compliance with Do Not Call requirements

The ACMA has accepted an enforceable undertaking from Vodafone Hutchison Australia in relation to wayward dealers who have telemarketed unsolicited Vodafone and 3 Mobile products to consumers on the Do Not Call Register.

Under the enforceable undertaking, Vodafone will:

• require all of its subsidiaries and dealers to keep comprehensive records of the telemarketing calls made;
• audit and report to the ACMA on all of its dealers' telemarketing activities, including informing the ACMA if any of its dealers potentially breach the Do Not Call Register Act 2006; and
• implement robust procedures for the recording of customers' consent to receive, or opt out of, telemarketing calls from Vodafone, its subsidiaries or any dealer.

If Vodafone does not meet these obligations the undertaking it has provided to the ACMA can be enforced by the Federal Court.

For further details see:

ACMA Media Release

SMS Spam on the increase

ACMA has reported that it received a 370% increase in reports of SMS messages believed to be spam in 2010-11, and it has been actively marketing its Spam SMS reporting tool.

The ACMA has accepted an enforceable undertaking from the Nokia Corporation following an investigation into its SMS marketing activity and compliance with the Spam Act 2003.

The ACMA investigation found that while a number of SMS messages sent by Nokia to its customers contained factual information about their mobile phone handsets, other messages amounted to promotion of Nokia's products and services. These messages did not include an unsubscribe facility or include Nokia's contact details as required by the Spam Act.

The undertaking provided by Nokia to the ACMA includes commitments to:

• appoint an independent consultant to audit its systems and processes;
• develop a plan to carry out the independent consultant's recommendations;
• train its employees engaged in SMS marketing about complying with the requirements of the Spam Act; and
• make a payment of $55,000.

For further details see:

ACMA Media Release

2012 Scam Survey commences

The ACCC has announced the commencement of an annual online survey by the Australasian Consumer Fraud Task Force and the Australian Institute of Criminology to collect information on fraud and scam trends in Australia.

Last year's survey found an increase in people experiencing approaches by scammers, and an increase in the use of landline phones from overseas call centres and SMS to attempt to scam victims in Australia.

Aggregated survey results will be released later in 2012.

For further details see:

ACCC Media Release