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Telecommunications Regulatory Update – February 2013: Baker & McKenzie

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Introduction of Critical Information Summaries

 

From 1 March 2013, Carriage Service Providers are required to provide summaries of their current pricing plans to consumers and certain business customers. Called Critical Information Summaries (CISs), the summaries must be provided to consumers at point of sale or on the Carriage Service Provider's website. The CIS obligations were introduced as part of the recent changes to the Telecommunications Consumer Protection Code. The CIS is designed to enable easier comparisons among telecommunications providers and to better inform consumers of their rights and obligations.

 

For more information, please see the ACMA press release.

 

The TCP Code is accessible here.

 

 

ACMA consultation paper on reallocation of 2300-2302MHz band for spectrum licensing

 

The ACMA is proposing to reallocate spectrum in the 2300-2302MHz band to extend the 2302 to 2400MHz band from 98MHz to 100MHz and better enable deployment of next generation technologies. There are currently no primary services operating in this band. The band is used by amateur operators who hold qualifications for the advanced amateur licensing category.

 

For more information, please see the ACMA press release.

 

To view the consultation paper click here.

 

The closing date for submissions is Wednesday 27 March 2013.

 

 

Proposed changes to labelling requirements for spectrum licences

 

The ACMA consultation paper titled Proposed changes to labelling requirements for spectrum licences requests comments on whether the ACMA should change any labelling requirements for spectrum-licensed transmitters.

 

The consultation paper seeks comments on 2 proposals.  Firstly, revoking the Radiocommuications Labelling Determination 1997 and making a new determination applying to apparatus licensees but not requiring the labelling of individual transmitters. Secondly, introducing a conduction that all licensees keep detailed records of transmitters operating at communal sites under spectrum licence and encouraging (though not requiring) licensees to place ownership labels on transmitters at such sites.

 

The closing date for submissions is Tuesday 9 April 2013.

 

For more information, please see the ACMA press release.

 

To view the consultation paper please click here.

 

 

Increased obligation for satellite services to provide emergency call services

 

ACMA consultation paper Satellite services and the emergency call service ACMA consultation on the draft Telecommunications (Emergency Call Services) Amendment Determination 2013 proposes to reduce the current exemptions of satellite services from providing access to emergency call services. All hand-held satellite phones will be required to provide access to 000. Access will not be required if the device is not hand-held, there is little or no expectation that 000 would be accessible from the service, and where there are alternative arrangements for accessing emergency services.

 

The closing date for submissions is Thursday 28 March 2013.

 

To view the consultation paper click here.

 

 

Amendments to Telecommunications Labelling Requirements

 

The ACMA is consulting on a review of the Telecommunication Labelling (Customer Equipment and Customer Cabling) Notice 2001. The ACMA consultation paper is intended to review the type of equipment to which the Notice should apply, the required compliance levels and the documentation required. It does not review the required technical standards. The consultation paper considers the following broad areas:

  • Whether items should be categorised based on functionality or purpose rather than the means of connection to a network.
  • Whether the ACMA should update its compliance levels and documentation requirements, particularly in view of the fact that customer equipment is generally manufactured overseas and is already subject to overseas testing.
  • Whether there are other sections of the Notice that should be considered within the review.

The closing date for comments is Friday 12 April 2013.

 

To view the consultation paper click here.

 

 

Spectrum licences in the 1800MHz band

 

The ACMA has released an issues paper regarding increasing the amount of spectrum in the 1800MHz band that is covered by spectrum licensing. The paper notes that the 1800MHz band is subject to apparatus licences in remote and some regional areas. The paper considers 3 alternatives: retaining the current arrangements, licensing the whole of the 1800MHz band and releasing spectrum for licensing in areas most needed. If the ACMA decides to extend the spectrum licensing in the 1800MHz band, it will develop a specific proposal for comment.

 

The closing date for submissions is Friday 12 April 2013.

 

To view the issues paper click here.


 

ACCC report on the telecommunications market

 

The ACCC is required to report annually on competitive safeguards within the telecommunications industry and on changes in the prices paid by consumers for telecommunications services. The ACCC report for 2011 to 2012 notes that there have been significant increases in the amount of data consumed by broadband users and that 94% of all downloads were performed using a fixed line. The report notes that Telstra continued to strengthen its market share in the mobile handsets and wireless broadband market. Overall prices paid by consumers for telecommunications services fell by 2.2% in real terms.

 

For more information, please see the ACCC press release.

 

To view the report click here.

 

 

Bytecard breaches TIO scheme

 

The ACMA has won a decision in the Federal Court requiring Bytecard Pty Ltd to pay, after applying a discount for cooperation, $75,000 in penalties and its director Brian Morris to pay $37,500 in penalties as well as the ACMA's costs and ordering that they implement a compliance program. The court found that on 5 occasions Bytecard failed to comply with TIO determinations and subsequently ACMA directions.

 

For more information, please see the ACMA press release.

 

To view the judgement click here.


Topics:  Critical Information Summaries, Labeling, Licenses, Spectrum

Published In: Communications & Media Law 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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