The Minister for Broadband, Communications and the Digital Economy, Senator Stephen Conroy, today released a consultation paper on proposed new penalties to be specified in infringement notices issued under the Telecommunications Act 1997.

“The Gillard Government is committed to ensuring basic standards are maintained for consumers in the telecommunications industry,” Senator Conroy said.

“The infringement notice regime is an important new tool the Government has recently provided the Australian Communications and Media Authority (ACMA) to enable it to better enforce compliance by telecommunications companies with regulatory requirements.

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Source : DBCDE

Structural reform of the telecommunications industry moved closer today with the making of five key regulatory instruments by the Minister for Broadband, Communications and the Digital Economy, Senator Stephen Conroy. The instruments provide the framework for Telstra’s structural separation and Telstra may now choose to proceed with lodging its structural separation undertaking with the Australian Competition and Consumer Commission (ACCC). Senator Conroy said significant improvements had been made to the instruments as a result of submissions received during the consultation period – which closed on 15 June – and he thanked interested parties for their contributions.

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Source: DBCDE

The Australian Competition and Consumer Commission (ACCC) is reportedly reconsidering a ruling it previously made under which fixed line incumbent Telstra was initially exempted from regulation in 248 exchanges, amid claims that some of the exchanges in question were not meeting exemption requirements. Having previously ruled that exemption would be allowed in those exchange areas where three or more local loop unbundled-based (LLU-based) providers were offering services to 14,000 or more customers, the regulator has now noted: ‘The ACCC is concerned that competitive pressures on Telstra in the exempt exchanges may not be living up to expectations at the time of the original exemption decision.

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Source: Telegeography

The New Zealand and Australian regulators have launched a formal investigation into the trans-Tasman roaming services provided by the two countries' mobile operators. Communications and Information Technology Minister Steven Joyce made the announcement this morning with his Australian counterpart Senator Stephen Conroy, at the Korea-Australia-New Zealand (KANZ) Broadband Summit.

"Many New Zealanders take their mobile phone, tablet or laptop with them when they travel to Australia. They need to have confidence that they are purchasing services in a competitive market. If this investigation finds they are not, then regulatory intervention will be considered," says Mr Joyce. The announcement follows the publication in May last year of a discussion paper that sought stakeholder views on whether a formal investigation was warranted.

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Source: Celluar-news

The Australian Competition and Consumer Commission (ACCC) has revealed its interim access determinations (IADs) for fixed line services, having suspended a full review of charges in December 2010 in light of the changes to the country’s regulations; the passing of the Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Act 2010 in November 2010 prompted the halt in the study. Under the now-released determinations the ACCC has issued interim price and non-price terms for the six declared fixed line services, those being: unconditioned local loop service (ULLS); wholesale line rental (WLR); line sharing service (LSS); PSTN Originating and Terminating Access (PSTN OA and PSTN TA); and local carriage service (LCS). According to the regulator the determinations have been backdated to start from 1 January 2011 and will expire at the end of this year, or on the introduction of a final access determination (FAD) for any of the aforementioned services.

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Source: Telegeography

­The Australian Communications and Media Authority has made a declaration prohibiting the supply, possession and operation of jamming devices which are likely to substantially interfere with public mobile telecommunication services (PMTS). Such services include 3G networks and equivalent services such as mobile WiMAX. The Radiocommunications (Prohibition of PMTS Jamming Devices) Declaration 2011 made under section 190 of the Radiocommunications Act 1992 replaces the mobile phone jamming prohibition made in 1999, and follows the ACMA's 2010 review of the effectiveness of that prohibition. The review found that while the prohibition of jamming devices remains necessary, updates to the prohibition were required to address technological change that has occurred since 1999.

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Source: Cellular-News

The Australian Communications and Media Authority (the ACMA) is undertaking a review of the Telemarketing Industry Standard, with the release of a discussion paper today commencing the review process. ACMA Chairman, Chris Chapman said the standard has been operating for three years. ‘It’s now appropriate to seek industry and consumer feedback on the effectiveness of the standard and how it might be improved,’ he said. ‘We want to ensure the standard remains current and relevant for consumers and the telemarketing industry.’ The discussion paper seeks views on the operation of the standard in a number of key areas. These include the days and times telemarketing calls may be made, as well as the kind of information marketers are obliged to divulge about themselves and the organisations they represent.

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Source: Australian Communications and Media Authority ACMA

New research by the Australian Communications and Media Authority reveals Australian consumers are increasingly embracing the digital economy, with 88 per cent of household internet users undertaking one or more e-commerce activities and 69 per cent purchasing at least one good or service in the last six months. ‘These are suggestive of increasing consumer confidence with making online transactions,’ said ACMA Chairman Chris Chapman. ‘The internet is empowering consumers to purchase more economically and efficiently by making it easier to locate goods and services and often to compare costs.’

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Source: ACMA Australian Communications and Media Authority

The Solomon Islands is planning to tender for a third mobile operator license, the Solomon Island's National Telecommunications Commissioner Nick Williams announced at a speech last week. Mr Williams said this is part of major reforms that took place last year in which the government reached an agreement for Solomon Telekom to give up its exclusive license. The incumbent operator had blocked the launch of the country's second mobile network, bemobile for nearly ten months after its license was originally granted.

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Source: Cellular-news

Long-delayed legislation designed to enhance competition, force Australian fixed line incumbent Telstra to structurally separate, increase the powers of the Australian Competition and Consumer Commission (ACCC), and provide a framework for the country’s upcoming National Broadband Network (NBN) has been reintroduced to parliament, Reuters is reporting. The legislative proposals have been raised in the lower house by Infrastructure Minister Anthony Albanese, with the politician claiming that the regulations would give Telstra more legislative certainty as the telco looks toward the split of its wholesale and retail operations. ‘This bill is an important step on the road to an improved telecommunications industry structure, with better competitive outcomes and stronger safeguards for consumers,’ Mr. Albanese told parliament. Telstra for its part has said that it supports the legislation although it has called for some amendments, and the telco’s CEO David Thodey said of the matter: ‘We believe the interests of Telstra shareholders would be best served by the bill being passed this year so that a definitive agreement on our involvement in the NBN can be reached quickly.’

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Source: Telegeography

The Commerce Commission has today released its draft report into whether the services that Telecom provides to other telecommunications companies to be resold should remain subject to the Telecommunications Act 2001. Retail services such as residential lines and broadband services are offered by Telecom to wholesale customers to resell at a discount to the retail price – these are known as resale services, and are currently provided commercially by Telecom’s wholesale division. Resale services are subject to the Act so that wholesale customers, in the event that they are unable to agree commercial terms with Telecom, have the ability to ask the Commission to determine the terms and conditions (including price) for supply of these services by Telecom. The Commission’s preliminary view is that wholesale broadband services, business data services and bundled resale services should no longer be subject to the Act given their low take up and the availability of alternative services.

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Source: New Zealand Commerce Commission

South Korea, Netherlands, Hong Kong Take Top Spots in Strategy Analytics' Broadband Composite Index (BCI)
The United States still trails much of the world in broadband development, ranking 23rd on the list of the top 57 countries, according to rankings released this week by analyst firm Strategy Analytics. South Korea holds on to the title of the world’s most advanced broadband market. Hong Kong, the Netherlands, Lithuania, and Japan round out the top five slots.

The rankings are the result of a new broadband measurement tool just launched by Strategy Analytics. The "Broadband Composite Index" (BCI) examines and scores the broadband development of fifty-seven individual countries in five categories, including household penetration, speed, affordability, value for money, and urbanicity. The resulting score provides a more balanced and robust view of broadband development, according to the firm.

See Press Release (1), (2)

Source: Information Policy , Strategy Analytics

New Zealand's Commerce Commission has reached a NZ$1.6 million (US$1.14 million) settlement with Telecom New Zealand following an investigation into complaints alleging that Telecom Wholesale's 'loyalty offers' breached Telecom's Separation Undertakings. The loyalty offers related to Telecom Wholesale's regulated wholesale broadband service, used by competing service providers to provide broadband service to retail customers. Telecom offered substantial discounts in return for a commitment for the service providers to maintain current and future customers on Telecom Wholesale's service rather than that of a competitor.

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Source: Cellular-news

The Australian Government today welcomed the announcement by Telstra and NBN Co that they had entered into a Financial Heads of Agreement. This agreement paves the way for a faster, cheaper, more efficient rollout of the National Broadband Network, with faster take-up. This is an important step in the delivery of the single largest nation building infrastructure project in Australian history, which will increase national productivity and help build a stronger economy.The Agreement between NBN Co and Telstra, worth an expected value of $9 billion, provides for : the reuse of suitable Telstra infrastructure, including pits, ducts and backhaul fibre, by NBN Co as it starts to rollout its new network Ð avoiding unnecessary infrastructure duplication; and the progressive migration of customers from Telstra's copper and pay-TV cable networks to the new wholesale-only fibre network to be built and operated by NBN Co. The Agreement means that: Taxpayers benefit because it reduces the overall cost of building the network and will result in higher take-up rates and revenue for NBN Co; A greater proportion of the NBN rollout will be underground, with less overhead cabling. Australia's largest telecommunications company, Telstra, will become a participant in the rollout of the NBN, and is likely to become NBN Co's largest customer.

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Source : ACMA

The 400 MHz Road Show is a series of regulatory tune-ups designed to inform licensees and stakeholders of changes to the 403-520 MHz band as outlined in The Way Ahead – Decisions and implementation options for the 400 MHz band. The Road Show provides an opportunity for the ACMA to engage with those affected by the review of the 400 MHz and for stakeholders to speak with ACMA staff regarding the new arrangements.

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Source: ACMA Australian Communications and Media Authority

The Australian Communications and Media Authority has announced that it will conduct a formal inquiry into customer service and complaints handling in the telecommunications industry following what it says is an on-going high volume of complaints to the industry ombudsman.
Announcing the inquiry, ACMA Chairman Chris Chapman said, "Many would share the ACMA's concern about whether the current arrangements which underpin telecommunications consumer protection are really effective in dealing with the issues that concern consumers most."

See Press Release
Source: Cellular News

The Australian Communications and Media Authority will conduct a formal inquiry into customer service and complaints handling in the telecommunications industry following the on-going high volume of complaints to the industry ombudsman. Announcing the inquiry today, ACMA Chairman Chris Chapman said, ‘Many would share the ACMA’s concern about whether the current arrangements which underpin telecommunications consumer protection are really effective in dealing with the issues that concern consumers most. ‘The trend-line growth and sheer quantum of complaints about complaint handling and customer service —up to 900 every working day—reflects poorly on the entire industry. Whether this is evidence of a failing regulatory system or just a perception of that failure, I now believe this issue has to be confronted directly and urgently otherwise we will be talking about these same issues for years to come.

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Source: ACMA

Court proceedings against Australia’s fixed line incumbent Telstra commence today after the Australian Competition and Consumer Commission (ACCC) initiated legal action following claims that the telco had deliberately delayed the rollout of rivals’ ADSL networks, iTWire reports. The Federal Court in Melbourne will hear the case, which alleges that Telstra falsely claimed that there was no room in local exchanges for other operators’ equipment, with existing legislation allowing for fines of up to AUD10 million (USD9.23 million) for every violation of the rules; the case reportedly contains allegations of 30 separate occasions on which access was blocked.

See Press Release
Source: TeleGeography 

New rules to come into effect on 1 July 2010 will give consumers the choice of barring all premium SMS from their mobile phones and thus preventing unwanted premium SMS charges. ‘If you don’t want these services, you can simply contact your phone company and ask for them to be turned off,’ said ACMA Chairman, Chris Chapman.

‘This will be a great option for parents who want to make sure their kids don’t sign up for something without understanding the charges. And people trying to manage their phone budget can stop premium charges by barring these services from their phone. ‘This is the latest in a package of measures we have put in place so mobile users can feel confident they will only receive and pay for services they actually want.’

See Press Release
Source: ACMA - Australia Government

 The Australian Communications and Media Authority has accepted an enforceable undertaking offered by Commonwealth Securities Limited (CommSec), following complaints that commercial electronic messages continued to be sent to customers after consent had been withdrawn.

 The ACMA commenced an investigation following complaints from consumers alleging that CommSec continued to send them commercial messages, despite the fact that they had previously withdrawn their consent. The ACMA also identified that email campaigns conducted by CommSec in January, February and March 2009, did not provide an option to unsubscribe.

See Press Release 

Source: ACMA  Australian Communications and Media Authority

The Australian Communications and Media Authority is well advanced in its review of the regulation of mobile phone jammers in Australia. As part of that review, the ACMA is also seeking views on a proposal to trial mobile phone jammers at the Lithgow Correctional Centre in NSW.

’It is often not appreciated, but there are important issues involved in weighing up the benefits and disadvantages of allowing jamming of mobile telephone networks,’ said Chris Chapman, Chairman of the ACMA. ‘There are obvious circumstances where there would be clear public benefit in inhibiting the use of mobile phones to prevent criminal and potentially life-threatening activities. At the same time, the use of jammers may have implications for the integrity of mobile networks, including the use of Triple Zero and associated safety-of-life issues.’ 

See Press Release

Source: ACMA Australian Government

The Commerce Commission has released its report on telecommunications markets in New Zealand covering the first six months of 2009. The report also provides some more recent information about mobile prices in New Zealand following the launch of the 2degrees network in August.

Telecommunications Commissioner Dr Ross Patterson said the report shows there has been continued investment in telecommunications infrastructure in the first half of 2009 with the construction of new or extended mobile networks by Telecom, Vodafone and 2degrees.

See Report
Source: New Zealand - Commerce Commission

The High Court has found that Telecom (Telecom Corporation of New Zealand and Telecom New Zealand Limited) used its substantial market power to prevent and deter competition in markets involving high-speed data transmission. The Commerce Commission claimed that Telecom contravened section 36 of the Commerce Act, which prohibits firms with a substantial degree of market power from taking advantage of that power for an anti-competitive purpose.

See Press Release
Source: Commerce Commission New Zealand

The Australian government plans to split Telstra into a wholesale and retail unit. The reforms seek to streamline and simplify the competition regime and to remove regulatory red-tape. The government seeks to structurally separate Telstra on a voluntary and cooperative basis but will impose a strong functional separation framework on the carrier if it chooses not to cooperate.

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Source Telecompaper

An initial review by the Australian Communications and Media Authority (ACMA) of advertisements for mobile premium services across television, magazines, internet and other media, indicated potential problems with a majority of the ads despite previous efforts to safeguard subscribers from potential detriments caused by some industry practices. As a result the ACMA is further ramping up its campaign to eradicate unacceptable practice in the mobile premium services industry.

See Media Release
Source ACMA

Experiences from Telstra have confirmed that the handling of genuine calls to Australia's emergency service (000) is being increasingly compromised by the need to deal with non-genuine calls. Therefore, an initiative has been taken to block repeated calls from the same handset as a measure to efficiently deal with genuine emergencies.

See Article
Source ACMA

The Australian Communications and Media Authority today announced a substantial reduction in charges for number applications by telecommunications carriage service providers. The lower charges reflect a considerable reduction in the time and effort to process these applications, following enhancements to the ACMA’s online system for managing numbers.

‘The reduction in charges for number applications is one outcome of an ongoing transformation process the ACMA is undertaking, which involves overhauling many of its legacy IT systems. This particular enhancement has significantly reduced the time required to complete and process applications for numbers,’ said Chris Chapman, Chairman of the ACMA.

See Press Release
Source: Australian Communications and Media Authority - ACMA

The Commerce Commission has finalised its first review of backhaul services. Backhaul is the final link connecting competitors’ networks to Telecom's local loop, so those competitors can provide services such as landlines and broadband to consumers.

The review looked at a number of backhaul routes and examined whether there was actual or potential competition to Telecom on those routes. Where the Commission finds that there is actual or potential competition on a backhaul route, it is not subject to regulation. By contrast, routes that the Commission finds not to be competitive are regulated.

See Press Release
Source: New Zealand - Commerce Commission

The Australian Communications and Media Authority is seeking industry comment on draft Temporary Community Broadcasting Licence Guidelines 2009 (the draft guidelines).

‘The intent of the draft guidelines is to provide ACMA with a more efficient, transparent and responsive process for allocating and varying temporary community broadcasting licences,’ said Chris Chapman, ACMA Chairman.

Once finalised, the draft guidelines will replace the current Guide to the Allocation of Temporary Community Broadcasting Licences (Radio) published in December 2007 (the current guidelines).

See Press Release
Source: ACMA - Australian Communications and Media Authority

The Australian Communications and Media Authority has assessed 44 carriage service providers and issued formal directions to two providers for non-compliance with the financial hardship provisions of the Telecommunications Consumer Protections Code (TCP Code).

Carriage service providers must comply with the financial hardship provisions of the Communications Alliance’s TCP Code when dealing with customers who are experiencing financial difficulties. The assessment was undertaken in response to a request from ACMA’s Consumer Consultative Forum.

The vast majority of providers were found to comply. However, ACMA was not satisfied that two of the providers had formalised financial hardship policies available to their customers on request. Under ACMA’s formal directions, both providers were expected to formalise financial hardship policies by 10 February 2009 or risk Federal Court action.

See Press Release
Source: Australian Communications and Media Authority (ACMA)

 Telecommunications companies will need to significantly improve their performance when it comes to contacting people on the Do Not Call Register, with 55 per cent of complaints received by the Australian Communications and Media Authority stemming from unwanted calls promoting phone plans and other related services.

‘This is a matter of obvious concern,’ said Chris Chapman, ACMA Chairman. ‘Consumers register their telephone numbers because they want to reduce the number of telemarketing calls they receive and it is unacceptable to see that some telcos are not respecting that decision. Businesses have had ample time to adjust to the new laws and by now should have robust compliance measures in place.’

See Press Release
Source: ACMA - Australia

The Australian Communications and Media Authority and the Australian Competition and Consumer Commission today released a joint report titled Communications Infrastructure and Services Availability in Australia 2008. The report, developed using the expertise of both agencies, discusses the availability of broadband, fixed voice, mobile voice and mobile data in the community.

Key findings identified in the report include:

* The number of broadband subscribers increased by 1.1 million in the 12 months to June 2008. This increase was driven by growth in wireless broadband (47 per cent) and DSL provided on unbundled services (33 per cent). Unbundled services are the unbundled local loop service (ULLS) and the line sharing service (LSS).
* Broadband connection speeds are rising with a 25 per cent increase in subscribers using a 1.5 Mbps service, predominantly as a result of evolution from ADSL1 to ADSL2+ services.
* Mobile services are evolving from second generation (2G) to third generation (3G) mobile with 8.55 million 3G services in operation at June 2008 (an increase of 88 per cent).
* Fixed voice remains a large part of consumers’ spend on communications services and the number of fixed lines remained stable in the year to June 2008 at 11 million fixed line services in operation. Alternatives to the standard telephone service (STS) for making fixed voice calls are emerging.

See Press Release
Source: Australian Communications and Media Authority (ACMA)

The Commerce Commission has today released its final standard terms determination (STD) on the non-price terms on which access providers must make co-location on cellular mobile transmission sites (the Mobile Co-location Service) available to other mobile network operators.

The Mobile Co-location Service allows the equipment of a mobile network operator to be installed on another operator’s cell masts. Co-location makes it easier for mobile network operators to manage their mobile networks by allowing for the sharing of facilities, and avoids the unnecessary and inefficient duplication of facilities. As a result, co-location contributes towards removing barriers to entry and lead to the improvement of the competitive conditions in the retail mobile services market. 

See Press Release
Source: Commerce Commission

The Australian Communications and Media Authority has registered a revised version of the Commercial Television Industry Code of Practice. The code has been amended at clause 5.5.11 to permit promotions for digital television that include references to ‘Freeview’ to be exempt from the time limits placed on non-program matter.

Freeview is a brand of Freeview Australia Pty Limited, which promotes the free-to-air digital television platform in Australia. The members of Freeview Australia Pty Limited are the commercial television broadcasters and the national television broadcasters (the Australian Broadcasting Corporation and the Special Broadcasting Service Corporation).

See Press Release
Source: ACMA

The Commerce Commission today released a telecommunication service obligation (TSO) determination for the Local Residential Telephone Service covering the 2006/07 year. The draft cost is $62.8 million.

Under the TSO, Telecom is obliged to provide certain local residential telephone services to residential customers who may not otherwise be provided with those services at an affordable price. The TSO allows Telecom to recover its costs of providing this service.

In producing this draft determination the Commission has followed the modelling approach used in the 2004/05 and 2005/06 determinations.

The total cost for 2006/07 will be shared according to the TSO Cost Allocation determination for 2006/07 which is available on the Commission’s website. Under the Cost Allocation determination the costs will be shared amongst the following: Telecom, Vodafone, TelstraClear, WorldxChange, Compass, CallPlus, Ihug, Woosh and Teamtalk.

See Press Release
Source: New Zealand - Commerce Commission

The Australian Communications and Media Authority is seeking public and industry comment on the effectiveness in Australia of the secondary market for radiofrequency licences.

‘ACMA has released a wide-ranging discussion paper about trading of radiofrequency licences to encourage active debate and to give all stakeholders the opportunity to contribute to improving the regime that was created in the 1990s,’ said Chris Chapman, ACMA Chairman.

‘As ACMA’s instinct is to continue to move away from command and control regulation, it is vital that we have the right legislative and technical structure in place to allow spectrum to move to its highest value use,’ he said

See Press Release
Source: ACMA

The Commerce Commission today announced it is commencing an investigation into whether mobile termination access services should be regulated.

The investigation, under Schedule 3 of the Telecommunications Act 2001, will look at whether mobile termination access services (MTAS) (incorporating mobile-to-mobile voice termination, fixed-to-mobile voice termination and short-message-service termination) should become regulated services under Schedule 1 of the Act.

See Press Release
Source: Commerce Commission

The second quarterly report on broadband quality has been released by the Commerce Commission. Commissioned from broadband measurement consultancy Epitiro and ICT analysts IDC, the report examines the quality of broadband service provided by New Zealand’s internet service providers (ISPs).

Commerce Commission Chair Paula Rebstock said, “The Commission is pleased to note that the report indicates there was an overall improvement in the June quarter in the performance of the five largest ISPs.” “This is a very promising signal that the regulatory interventions being taken to encourage competitive prices, better quality and incentives to invest are beginning to have an effect,” said Ms Rebstock.

See Press Release, Full Report
Source: Commerce Commission

The Australian Communications and Media Authority is proposing to permit the possession and installation of in-flight mobile phone systems by Australian airlines for domestic and international services.

'Australia led the world when it trialled in-flight GSM mobile phone services in 2007,’ said Chris Chapman, ACMA Chairman. ‘There is growing recognition by regulators worldwide that in-flight mobile phone services can be deployed without interference to existing telecommunications services.’

See Press Release
Source: Australian Communications and Media Authority (ACMA)

The substitution of mobile services for fixed line is established and growing in Australia, according to research released today by the Australian Communications and Media Authority. However the prospects for convergence of fixed-line and mobile services into a single seamless service - apparent in some overseas markets - are low in the short term.

The report, Fixed-Mobile Convergence and Fixed-Mobile Substitution in Australia, examines these two trends in Australia and the implications for the communications environment.

See Press Release
Source: Australian Communications and Media Authority ACMA

The Commerce Commission has released its final determinations on the price and non-price terms for the backhaul services that support the unbundled copper local loop (UCLL) and unbundled bitstream (UBA) broadband services.

These services will allow Telecom’s competitors to get access to transmission capacity between Telecom’s local exchanges or data switches, and the competitors’ networks. “Having backhaul for both the UCLL and UBA services available will allow companies to offer broadband and voice services to their customers without having to build their own networks all the way to their customers. Instead, telecommunications companies can use Telecom’s network and pay Telecom a cost-based price for the service,” Telecommunications Commissioner Dr Ross Patterson said today.

See Press Release
Source: New Zealand - Commerce Commission

Australians have listed more than 2.3 million telephone numbers on the Do Not Call Register since its launch one year ago. The register, which is overseen by the Australian Communications and Media Authority, was established in May 2007 under the Do Not Call Register Act 2006. It makes it illegal for most kinds of telemarketing calls to be made to domestic and private fixed line and mobile telephone numbers listed on the register in the absence of consent.

See Press Release
Source: Australian Communications and Media Authority (ACMA)

As part of Budget 2008 the Government has announced a major contestable fund aimed at facilitating high speed broadband connections to businesses in urban centres and key users in the health and education sectors, to extend the reach of broadband into underserved regions, and to improve the resilience of New Zealand's international connections. Government is seeking feedback on the draft process and criteria for urban and rural funding applications.

See Press Release
Source: Ministry of Economic Development

The study, which was announced in March, will focus on raising the level of understanding of the Commission, industry and the wider community of key technological developments that will emerge during the next five years, and their impact on the commercial and competitive environment for telecommunications services.

See Press Release
Source: Commerce Commission

In its response to an independent review of government spectrum holdings in Australia, publicly released today, the Australian Communications and Media Authority has acknowledged the ongoing importance of spectrum access to government while generally supporting the recommendations of the review. These recommendations include increased transparency in the use of spectrum by government bodies, increased sharing of spectrum and increased use of market approaches to improve the management of government spectrum.

‘Government users account for almost half the use of the most valuable spectrum bands under 5 GHz. The sheer size and importance of government spectrum holdings and the different way they are often treated compared to other spectrum users made a comprehensive review of such holdings desirable. The review was also timely given increasing spectrum demand pressures and technological change,’ said Chris Chapman, ACMA Chairman.

‘ACMA agrees with the review finding that the details of government spectrum use are often obscure and not readily available. While their continued access to spectrum is often essential, some government spectrum users may not face sufficient incentives to make best possible use of this resource. The Independent Review of Government Spectrum Holdings report and ACMA’s preliminary response to the review’s recommendations, Improving the Management of Government Spectrum Holdings, are available on the ACMA website. Source: ACMA.

A robust plan for the three-way operational separation of Telecom New Zealand was approved on 30 March 2008 by Communications and Information Technology Minister David Cunliffe. "Separation Day" was 31 March 2008.

The robust, three-way operational separation of Telecom New Zealand is required by the Telecommunications Act 2001. Part 2A of the Telecommunications Act 2001 also sets out the statutory process for the Minister to finalise legally enforceable undertakings (as part of the "separation plan") with Telecom.

See Press Release
Source: Ministry of Economic Development

The Commerce Commission has issued its final recommendation to the Minister of Communications on the regulation of mobile roaming. It has recommended that the mobile roaming service not be designated, which means that it will not be subject to price regulation. The Commission is also recommending that the definition of the service be amended to make it compatible with modern technology.

The Commission considers that there are insufficient grounds to recommend extending the mobile roaming service to include the determination of price. Vodafone and NZ Communications Ltd, a new mobile company, already have a commercial agreement for the provision of roaming services. In the Commission’s analysis, the difference between the price in the commercial agreement and a price likely to be set under designation was too small to justify intervention, when the cost delay and uncertainty of designation was taken into account.

See Press Release
Source: Commerce Commission

The Commerce Commission has issued guidelines on how the Commission addresses issues or complaints that relate to competition concerns in the telecommunications market.
The Commission enforces Part 2 of the Commerce Act, which relates to restrictive trade practices, including the use of market power by one company to limit the level of competition in a particular market. The Commission also enforces the Telecommunications Act, which focuses on the regulation of companies with market power in the telecommunications industry. Both Acts have a similar purpose which is to promote competition in markets for the long term benefits of consumers.
Commission Chair, Paula Rebstock, said "These guidelines provide clarity as to when action against anti-competitive behaviour in the telecommunications industry would be taken under the Commerce Act.”

See Press Release
Source: New Zealand - Commerce Commission

The Australian Communications and Media Authority has announced three initiatives to promote increased consultation, transparency and accountability in its radiofrequency spectrum planning and management.

‘Demand for spectrum is increasing, the range of stakeholders we are dealing with is both increasing and becoming more varied, and spectrum issues themselves are becoming increasingly complex,’ said Chris Chapman, ACMA Chairman. ‘

1) Establishment of a new advisory group, the Radiocommunications Consultative Committee.
2) Consultation will be a radiocommunications conference, designed to enable broad participation by a wide range of stakeholders and to foster discussion of future trends and spectrum requirements for new services.
3) Development and annual updating of a five-year rolling spectrum strategy plan.

See Press Release
Source: ACMA - Australian Communications and Media Authority

Australia’s small and medium enterprises (SMEs) and the rural sector are reasonably connected online and on the phone, with 92 per cent of SMEs and 74 per cent of farms having an internet connection, and 93 per cent and 85 per cent respectively reporting the use of a mobile phone.
The reports found that broadband take-up is high especially among SMEs, with 91 per cent of those connected using broadband. For the farm sector, there is a continuing reliance on dial-up internet connections: 53 per cent of respondents with an internet connection reported using dial-up. Satellite connection accounts for almost 50 per cent of those respondents with broadband.

See Press Release
Source: ACMA - Australian Communications and Media Authority

Senator the Hon Stephen Conroy, Minister for Broadband, Communications and the Digital Economy, today confirmed that the first firm steps had been taken on the road to completing switchover by the end of 2013.

Senator Conroy said that the switchover to digital television was important to all Australians because it offers benefits to viewers such as improved picture and sound quality and greater program choice. It will also make spectrum available for alternate uses such as new mobile services, a fourth television licence and wireless broadband services. “We are moving quickly to maximise the benefits for all Australians and keep pace with the rest of the world,” Senator Conroy said. “Setting a firm date of 2013 for the switchover from analogue to digital television transmission in Australia has given industry the certainty it needs to drive consumer uptake of digital television.

See Press Release

Source: Minister of Broadband, Communications and Digital Economy

The Commerce Commission has issued its final recommendation to the Minister of Communications on the regulation of mobile co-location services on cellular transmission sites. Co-location allows the mobile equipment of a network operator to be installed on another operator’s tower. This can reduce the costs associated with the setting up of cell sites by sharing facilities between network operators.

The Commission recommends that the regulatory settings for co-location should not include price. Non-price elements are already subject to regulation. The Commission also considered the co-location undertaking submitted by Vodafone as an alternative to regulation. The Commission’s recommendation is that Vodafone’s undertaking be rejected as it believes that the undertaking is not likely to promote new entry into the New Zealand mobile market.

See Press Release

Source: Commerce Commission

Amendments to the Telecommunications (Emergency Call Service) Determination 2002 came into effect today that confirm the obligation to provide free-of-charge access calls to Triple Zero from voice over internet protocol (VoIP) services with both dial-in and dial-out functionality.

‘These amendments provide greater certainty for consumers about access to police, fire and ambulance assistance, as new and innovative services are introduced,’ said Chris Chapman, ACMA Chairman. ‘Many VoIP providers already provide free-of-charge access for emergency calls, and the amended Determination makes it very clear that from today all VoIP providers of two-way services are obligated to provide access to Triple Zero and the special emergency number (106) for the Deaf and hearing impaired community.’ Full press release

Source: ACMA, Australia

The Australian Communications and Media Authority is seeking comment on proposed changes to a number of legal instruments ahead of the introduction of a new regulatory framework for internet and mobile content in January 2008.

ACMA is seeking comments on three draft legal instruments: a new Restricted Access Systems Declaration, a draft amendment to the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No.1) and a draft amendment to the Numbering Plan. Full press release

Source: ACMA, Australia

The Australian Communications and Media Authority is proposing to change the way it rolls out new prefixes for telephone numbers in geographic areas.

The proposed new approach would identify all the new prefixes likely to be required in the next ten years in a single variation to the Telecommunications Numbering Plan 1997. The variation would also include a trigger that would only make the new prefixes available when there are no existing numbers available to meet an applicant’s request.

There are 38 areas that may require additional numbers in the next ten years. They comprise ten in the (02) Central East Region, ten in the (03) South East Region, seven in the (07) North East Region and 11 in the (08) Central and West Region (for more detail on the areas see backgrounder). Full press release

Source: ACMA, Australia

The Australian Communications and Media Authority has declared a protection zone over a submarine telecommunications cable of national significance off Perth, Western Australia. The protection zone will take effect on 1 February 2008.

The SEA-ME-WE3 cable is nationally significant as it is a high capacity cable linking Australia to global communications systems and is vital to the national interest.

Activities that could damage the SEA-ME-WE3 cable are restricted or prohibited within the protection zone, and significant criminal penalties apply for breaches of the legislation. Full press release

Source: ACMA, Australia

The Australian Communications and Media Authority is seeking public comment on its proposals to make available three multiplex transmitter licences for digital radio services in Sydney, Melbourne and Brisbane and two multiplex licences for Adelaide, Hobart and Perth. The multiplex licences will provide for the digital transmission of existing wide-coverage national, commercial and community radio services.

The proposals are contained in draft digital radio channel plans released today. The plans include the number and categories of multiplex transmitter licences proposed for issue as well as the transmission frequencies and associated technical data for the main transmission sites. Full press release

Source: ACMA, Australia

The Australian Communications and Media Authority proposes to revoke additional licence conditions on Radio Larrakia’s community radio broadcasting licence in Darwin and invites submissions on the proposal. Radio Larrakia broadcasts on 94.5 MHz.

The additional licence conditions, which were imposed when the licence was allocated in 1998, require Radio Larrakia Association (the licensee) to include Top End Aboriginal Bush Broadcasting Association and Larrakia Nation on its board and sub-committees and to open membership to all Darwin residents.

Radio Larrakia has submitted a proposed constitution and requested that ACMA revoke the additional licence conditions. Full press release

Source: ACMA, Australia

Activities that could damage submarine communications cables will be prohibited or restricted in protection zones off the Sydney beaches Narrabeen and Tamarama/Clovelly from 1 October 2007, following their declaration by the Australian Communications and Media Authority.

Prohibited activities include trawling and dredging. Other activities are restricted according to their potential risk of damaging a cable, for example, restriction on anchoring depends on distance from shore, water depth, anchor weight and anchor line breaking strain. Marine users should be aware that significant criminal penalties apply to those engaging in prohibited or restricted activities. Full press release

Source: ACMA, Australia

The Australian Communications and Media Authority has directed Queanbeyan Community Radio Inc, the licensee of community radio station 2QBN, to take steps aimed at ensuring it complies with the conditions of its community broadcasting licence and the Community Radio Code.

The directions are issued under new enforcement powers conferred on ACMA in February 2007, to enable it to more effectively address contraventions of the Broadcasting Services Act 1992. Full press release

Source: ACMA, Australia

The Australian Communications and Media Authority has directed the licensee of Perth youth community radio station Groove FM to take steps aimed at ensuring compliance with the additional conditions of the station’s community broadcasting licence. On 5 July 2007 ACMA found that the licensee, Youth Media Society of Western Australia, had failed to comply with additional conditions ACMA imposed on its licence in May 2006.

The directions are issued under new enforcement powers conferred on ACMA in February 2007, to enable it to more effectively address contraventions of the Broadcasting Services Act 1992. It is the first time the power to issue a remedial direction has been used in relation to a community broadcasting licensee. Contravening a requirement of a remedial direction issued by ACMA is an offence under the Broadcasting Services Act 1992, and a penalty of up to $5,500 per day may be imposed. Full Press release

Source: ACMA, Australia

Australia's largest telecoms company, Telstra, said today it plans to take Communications Minister Helen Coonan to court over her decision on licence conditions relating to the group's CDMA mobile network. "Telstra today filed documents in the Federal Court that clearly indicate the Minister has breached her Ministerial duties by making up her mind about the imposition of the license condition to block the closure of the old CDMA network—an integral part of the Next G network plan.

Source: Global Insight

The Australian Communications and Media Authority has registered a revised version of the Commercial Television Industry Code of Practice. The code has been amended at clause 5.6 to permit an additional minute per hour of political non-program matter to be broadcast between 6:00 pm and midnight during election periods.

'ACMA is satisfied that the commercial free-to-air television industry peak body, Free TV Australia, has fulfilled the requirement for public consultation on this matter as set out in the Broadcasting Services Act 1992,' said Chris Chapman, ACMA Chairman. 'Based on the evidence provided from submissions, there was no strong view that the proposed amendment would result in a lessening of community safeguards during an election period.' Ful lPress release

Source: ACMA, Australia

School children from each state and territory will participate today in the Australian Communications and Media Authority’s online safety program, Cybersmart Detectives.

ACMA will run the event in collaboration with Victoria Police, the National Association for Prevention of Child Abuse and Neglect (NAPCAN) and law enforcement agencies Australia wide. Full Press release

Source: ACMA, Australia

Geneva, 4 September 2007 — ITU has released a major publication, Trends in Telecommunication Reform: the Road to NGN. In its 8th edition, Trends reports on the evolution of circuit-switched telecommunication into "next-generation" networks, as operators around the world fight to remain competitive. The Report aims at enabling regulators and policy-makers in developing countries to better understand the changes transforming the ICT sector so they can evolve their policy and regulatory frameworks to leverage today’s technological and market developments.

What does NGN mean for regulators? They have many choices to make. Some view NGN as the intersection of the telecom and Internet worlds. If so, which regulatory regime should apply? The current heavily-regulated telecom regulatory model? The lightly-regulated Internet model? Or some new hybrid model? The migration to NGN affords an opportunity for regulators to analyze current practices and revise them in light of what makes sense going forward. This Trends report offers a detailed discussion of the kinds of measures that are needed to ensure that regulation keeps pace with technological and market developments so that the best of NGN is available to all of the world’s people.

The ITU press release is available in Arabic, Chinese, English, French, Russian and Spanish.

More information about the content of the 2007 report is available at the “On the Road to NGN” website.

The publication is available for sale at the ITU bookshop.

The Australian Communications and Media Authority has issued a written direction to Bytecard Pty Ltd to comply with the Telecommunications Industry Ombudsman Scheme (TIO Scheme).

‘The TIO Scheme is an essential consumer protection mechanism that provides consumers with an independent avenue for resolving disputes with their communications provider. Given the nature of a co-regulatory environment, the failure of this provider to comply with the scheme results in its customers not having the same level of protection as other consumers,’ said Chris Chapman, ACMA Chairman. Full Press release

Source: ACMA, Australia

The Australian Communications and Media Authority has granted Orion Satellite Systems Pty Ltd an exemption from the requirement of providing local number portability.

‘While portability improves opportunities for competition, there are some circumstances where it may not be practicable for a new carrier or carriage service provider to provide portability,’ said Chris Chapman, ACMA Chairman. ‘Orion’s local number service is one such case because its interconnection arrangements cannot currently accommodate the porting of single numbers.’ Full Press release

Source: ACMA, Australia

The Australian Communications and Media Authority is proposing to introduce two new number ranges to facilitate trials of new telecommunications services.

‘ACMA recognises that telecommunications providers need to trial new services in order to develop new products for their customers,’ said Chris Chapman, ACMA Chairman. ‘The new trial number ranges give carriage service providers the flexibility they need to trial services, while facilitating the introduction of innovative services into the market.’ Full Press release

Source: ACMA, Australia

The existing commercial television licensees in Remote and Regional Western Australia have until 21 November 2007 to indicate to the Australian Communications and Media Authority that they intend to apply for a third, digital only, free-to-air commercial television licence for the licence area.

ACMA has determined a designated time of 23 August 2007 as the time from which WIN Television Pty Ltd and Prime Television Pty Ltd will have 90 days to give written notice, either jointly or separately, to ACMA stating their intention to apply for the licence. Full Press release

Source: ACMA, Australia

The Australian Communications and Media Authority has instigated its first formal investigation under the Do Not Call Register Act 2006, which established the Do Not Call Register for Australian consumers. ACMA will investigate Lifestyle Dynamics following numerous complaints from people listed on the Register about continuing to receive calls from the company.

The Do Not Call Scheme commenced on 31 May 2007 and has since attracted more than 1.6 million registrations. Since that time, ACMA has worked with industry to build compliance with the new scheme. As part of this approach, ACMA initially wrote to 259 businesses that had been the subject of complaints, warning them of their new obligations and advising them of the penalty provisions for non-compliance. Full Press release

Source: ACMA, Australia

The Australian Competition and Consumer Commission has instituted legal proceedings in the Federal Court, Sydney, against Trading Post Australia Pty Ltd, Google Inc, Google Ireland Limited and Google Australia Pty Ltd alleging misleading and deceptive conduct in relation to sponsored links that appeared on the Google website.

The ACCC is alleging that Trading Post contravened sections 52 and 53(d) of the Trade Practices Act 1974 in 2005 when the business names "Kloster Ford" and "Charlestown Toyota" appeared in the title of Google sponsored links to Trading Post's website. Kloster Ford and Charlestown Toyota are Newcastle car dealerships who compete against Trading Post in automotive sales.

Hearings start August 21st.

For complete press release

Source : ACCC

Consumers and emerging technologies will be the focus of discussion at this week’s inaugural Communications Consumer Dialogue, jointly hosted by the Australian Communications and Media Authority and Communications Alliance.

To be held on Wednesday 22 August 2007, the dialogue will focus on new and emerging technologies and how they will benefit consumers.

‘The dialogue is an opportunity for consumer representatives and those with an interest in consumer issues to focus on how Australia will achieve equitable access in the area of emerging technologies,’ said Chris Chapman, ACMA Chairman. Full Press release

Source: ACMA, Ausralia

The Australian Communications and Media Authority has imposed additional licence conditions on the community radio broadcasting licence for the New South Wales 2RBR Coraki community radio service.

‘Community broadcasters have a responsibility to meet the needs and interests of the community within the planned licence area,’ said Chris Chapman, ACMA Chairman. ‘They also must comply with the technical specifications of their apparatus licence and, in particular, they must not broadcast outside the licence area except in limited circumstances.’ Full Press release

Source: ACMA, Australia

The Australian Communications and Media Authority and Communications Alliance have come together to present the inaugural Communications Consumer Dialogue, which will focus on how new and emerging technologies might benefit consumers.

Louise Sylvan, Deputy Chair, Australian Competition and Consumer Commission, will deliver the keynote address, while award winning journalist Jennie Brockie will be the master of ceremonies and moderator at the event on 22 August 2007.

‘The Communications Consumer Dialogue will see Communications Alliance and ACMA working together for the benefit of consumers. The two organisations will combine to look at how consumers can gain the benefits that future communication technologies will provide,’ said Anne Hurley, Communications Alliance CEO. Full Press release

Source: ACMA, Australia

The Australian Communications and Media Authority will not proceed with the allocation of a permanent community broadcasting licence that was advertised for the Young licence area in New South Wales.

There was one applicant for the permanent licence, Lambing Flat Community Broadcasting Inc., which already provides a temporary community broadcasting service in the area. The applicant proposed to provide a service for the general community within the licence area. Full Press Release

Source: ACMA, Australia

The Australian Communications and Media Authority today declared protection zones around two submarine telecommunications cables of national significance off the coast of Sydney, NSW. The protection zones will take effect on 1 October 2007.

Activities that could damage the cables are restricted or prohibited within protection zones, and significant criminal penalties apply for breaches of the legislation.

These are the first such protection zones to be declared and are the culmination of extensive consultation over the past 12 months with affected and potentially affected parties. ACMA has established a new international benchmark by creating protection zones that safeguard submarine cables and place appropriate restrictions on other activities occurring in their vicinity. Full Press Release

Source: ACMA, Australia

Customers with a life threatening medical condition will benefit from new priority assistance arrangements registered today by ACMA.

The priority assistance code seeks to put in place consistent, industry-wide arrangements for the provision of priority services for a residential customer (or an individual in their household) who has a diagnosed life-threatening medical condition.

The priority assistance code was revised to ensure industry wide consistency, revised timelines for priority assistance customers in Connect Outstanding situations and to address the offering of priority assistance using new technologies.

Source: ACMA, Australia

ACMA has registered a revised code of practice developed by the Australian Communications Industry Forum (a subsidiary of Communications Alliance Ltd) that allows consumers to preserve their privacy when using telecommunication services. The Calling Number Display Code allows consumers to choose whether to send or block calling number display information.

Consumers still have the option to block or enable calling number display. This can be exercised either permanently or on a call-by-call basis. ‘The revised code provides service providers with more flexibility in the means of blocking or enabling caller number display information, while preserving the ability of customers to either block or display their information’ said said the Communications Alliance Chief Executive Officer. Full Press Release

Source: Australian Government and Media Authority (ACMA)

The Australian Communications and Media Authority has registered a code of practice that provides stronger protection for consumers against the unauthorised transfer of telephone services from one provider to another.

The new Customer Transfer Code is a result of the revision of a code registered in 2001. ‘The revised code ensures that the person who is responsible for the service is the one who consents to the transfer. If a service is transferred without the account holder’s consent, the transfer is unauthorised and can be reversed,’ said Chris Chapman, ACMA Chairman. Full Press Release

Source: Australian Communications and Media Authority (ACMA)

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The Australian Communications and Media Authority has released an issues paper as part of its review of the Children’s Television Standards on free-to-air commercial television. ACMA invites public comment on its Children’s Television Standards Review - Issues Paper by 17 August 2007.

‘ACMA is reviewing the Children’s Television Standards, given that they have not been reviewed for some time,’ said Chris Chapman, ACMA Chairman. ‘We recognise that television content standards—such as the Children’s Television Standards —will need to be comprehensively reviewed over the coming years as the media landscape changes but consider that useful improvements can be made to aspects of the standards now.’

The issues paper outlines key issues to be considered in the review including whether:

• the current Children’s (C) and Preschool (P) program quota levels, classification criteria and time bands are still appropriate today;
• the current classification process for C and P programs impedes innovation in children’s programming; and
• the standards should be amended to specifically address the issue of food advertising directed at children.

ACMA recognises the strong interest in, and debate on, the role of food advertising on television and its impact on children’s health and the paper raises some options for consideration. ACMA has also released a literature review, which has informed development of the issues paper and should provide intending contributors with a guide to some diverse perspectives.

ACMA is also interested in exploring viable options that might help start building a bridge to the future Australian media environment and is therefore interested in whether, for example, a tradeable obligations scheme would be useful and still meet the objective of specifically catering for children in programming.

Instructions on how to make submissions are included in the issues paper. ACMA will publish all submissions as they are received on its website, subject to consideration of any confidentiality claims.

Following the public consultation period, recommendations for any changes will be made and a redrafted Children’s Television Standards released for public consultation, as required under legislation. ACMA expects that the review will be finalised in the first half of 2008.

Source: ACMA, Australia

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The Australian Communications and Media Authority has accepted formal undertakings from Harbour Radio Pty Ltd, the licensee of commercial radio service 2GB Sydney, concerning new training procedures on vilification in response to a number of breaches of a provision of the Commercial Radio Codes of Practice 2004 (the code).

In three investigations over the last six months, ACMA has found the licensee in breach of the vilification provision of the code for broadcasts that occurred between May and December 2005. Clause 1.3(e) of the code provides that a licensee must not broadcast a program which is likely to incite or perpetuate hatred against or vilify any person or group on the basis of a number of attributes, including ethnicity.

In response to these findings, 2GB will introduce a comprehensive training program on vilification intended to ensure its future compliance with the code. These procedures will supplement the revised regime that the licensee of 2GB introduced in mid 2006 and means the licensee’s approach on this matter should better align with the code.

The new training is to be provided to all presenters, producers and on-air staff to the satisfaction of ACMA.

The 2GB Board of Directors will formally review and approve the compliance program for implementation and the licensee will report to ACMA throughout the process on the development and application of the new regime.

If ACMA is not satisfied at any time that the new arrangements will ensure compliance with the code, ACMA will revisit the matter to consider the heightened compliance options available to it.

2GB accepts this position and has reiterated its commitment to meeting its responsibilities under the code.

ACMA welcomes the considered and constructive approach taken by 2GB in developing a program of activities that specifically addresses ACMA’s concerns.

Source: ACMA, Australia

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The Australian Communications and Media Authority has renewed the licence of the New South Wales community broadcasting service 2RBR Coraki, while proposing to impose additional licence conditions.

The licence conditions are to ensure that the licensee, Community Radio Coraki Association Inc., provides both a high quality service to the Coraki community and meets its regulatory obligations.

‘ACMA is charged with promoting the availability of a diverse range of radio services throughout Australia, as well as ensuring that broadcasters meet all their statutory obligations. This decision, with the proposal to impose licence conditions, successfully balances both of these objectives and represents an acceptable outcome to the renewal process,’ said Chris Chapman, ACMA Chairman.

In the course of renewing the 2RBR licence, ACMA questioned the licensee about the extent to which the service meets the programming needs of the community within the Coraki licence area and its capacity to provide the service in accordance with its licence conditions.

The two matters of most concern to ACMA are that the majority of the station’s members and sponsors are located outside the planned licence area for the service, and that the licensee has established a second studio in Casino which is also outside the licence area.

2RBR has undertaken to take positive action to ensure that it addresses ACMA’s concerns, and ACMA has taken this into account in deciding to renew the licence.

ACMA will also closely monitor 2RBR’s programs to ensure that it complies with the requirement to present factual material accurately. ACMA’s concerns about 2RBR’s programming arise from its finding in September 2006 that 2RBR had failed to present factual material accurately. Failure to comply with the relevant clause of the code of practice may result in ACMA taking enforcement action against the licensee.

ACMA will consider any submission from the licensee on its proposal to impose the licence conditions before making a final decision on the condition.

Source: ACMA, Australia

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The Australian Communications and Media Authority has fined the Pitch Entertainment Group (Pitch) $11,000 for extensive breaches of the Spam Act. This is the largest fine imposed by ACMA to date under the Spam Act.

Pitch and its directors have also entered into an enforceable undertaking that requires future compliance with the Spam Act and contains stringent compliance reporting and staff education obligations.

ACMA found that the Pitch Entertainment Group, which trades as Splash Mobile in Australia, sent over one million commercial electronic messages to mobile phones without a functional unsubscribe facility.

In an unrelated investigation, ACMA has fined International Machinery Parts Pty Ltd (IMP Mobile) $4,400 for breaches of the Spam Act. IMP Mobile also failed to provide a functional unsubscribe facility when sending messages to mobile phones.

‘The Spam Act requires every commercial electronic message to have clear and simple instructions on how consumers can opt out of receiving further messages,’ said Chris Chapman, ACMA Chairman. ‘By not including these instructions, Pitch and IMP Mobile made it difficult for consumers to stop unwanted messages, which is simply an unacceptable circumstance.’

Mr Chapman said that it is important that service providers comply with the Spam Act. ‘All commercial electronic messages must be sent with the recipient’s consent, clearly identify who the message was sent by and provide instructions on how to unsubscribe from receiving further messages’.

With potential penalties of up to $1.1 million per day imposed by the Federal Court for repeat offenders, Mr Chapman emphasised that non-compliance with the Spam Act could prove costly for businesses.

Pitch has advised ACMA that since mid-2006 it has included instructions on how to opt out of receiving its commercial electronic messages, and that it took this action when it became aware of being in breach of the Spam Act.

Mr Chapman said, ‘While we welcome Pitch’s efforts to lift its game, all businesses sending commercial electronic messages must make sure that they and their staff fully understand the requirements of the Spam Act. In mass marketing campaigns, with their potential to create significant inconvenience, or indeed hardship, on consumers, ignorance of the law is not an acceptable defence.’

Source: ACMA, Australia

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The critical importance of free-of-charge access to emergency services using new telecommunications technologies was emphasised today with the release of proposed amendments to the regulatory obligations for telecommunications providers.

The Australian Communications and Media Authority (ACMA) is proposing changes to the Telecommunications (Emergency Call Service) Determination 2002 to confirm the obligation to provide free-of-charge access to emergency call services for ‘two-way’ and ‘dial-out only’ voice over internet protocol (‘VoIP’) services. The proposals are designed to provide greater certainty for consumers about access to emergency call services as new and innovative services are introduced.

ACMA’s proposals deliver on recommendations for emergency call access contained in the Examination of Policy and Regulation relating to Voice over Internet Protocol (VoIP) Services report by the Department of Communications, Information Technology and the Arts, released in November 2005.

‘ACMA’s proposals implement the relevant recommendations of the VoIP report’ said Chris Chapman, ACMA Chairman. ‘The current emergency call service arrangements have served the Australian public well and it is intended to maintain this safeguard.’

‘Many VoIP providers already provide free-of-charge access to triple zero and these proposals clarify that the obligation applies to all VoIP services capable of dialling into the public telephone network.’

ACMA is also proposing that VoIP services must be flagged in the Integrated Public Number Database (IPND) so that the emergency call service operator will know to ask the caller for location information. The IPND is a national database of all listed and unlisted public telephone numbers, customer name and address information and the name of the customer’s carriage service provider.

The details of the proposed changes are contained in a consultation paper and draft amendment, released for public comment today and available on the ACMA website.

Source: ACMA, Australia

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The Australian Communications and Media Authority has decided to extend the community television trial in Adelaide until 4 July 2008. The trial will continue to be conducted by the current operator, C31.

‘C31 continues to meet the criteria for a community television triallist,’ said Chris Chapman, ACMA Chairman. ‘ACMA notes that C31 has not met its projected financial target, but is satisfied that it is currently solvent. C31 has been providing quarterly financial reports to ACMA and will continue to do so in the coming financial year.’

In June 2006, ACMA decided not to allocate a permanent community television licence in Adelaide on the basis that neither of the two applicants for the licence (C31 and OUR TV Adelaide Ltd) satisfied the relevant criteria. Instead ACMA extended the community television trial for six months to 4 January 2007 and sought expressions of interest for a future trial. There were two applications for the trial licence, from C31 and Television Adelaide Ltd.

In December 2006, ACMA decided that C31 met the criteria in the Access and Compliance Statement for a Trial Community Television Service and extended the trial in Adelaide to 4 July 2007. The decision was made on the basis of written undertakings provided by C31 in relation to meeting the needs of the local community, encouraging participation in the service and financial reporting.

Source: ACMA, Australia

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The Australian Communications and Media Authority has varied the Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard 2007 to allow research calls to be made on Sundays.

Under the revised industry standard, which commences on 31 May with the Do Not Call Register Scheme, a research caller must not make or attempt to make a research call on a Sunday before 9.00 am or after 5.00 pm.

Telemarketing calls are still prohibited on Sundays under the standard.

‘ACMA has decided to vary the industry standard because the Authority reached the conclusion that prohibiting research calls on a Sunday could potentially reduce the benefits to the community from well-structured research,’ said Chris Chapman, ACMA Chairman.

‘This view is based on strong evidence provided to ACMA that the prohibition could undermine the value of longitudinal data sets where data had previously been collected on Sundays, as well as increase the potential for bias because samples were not representative.’

Before varying the standard, ACMA called for views on the issue of research calls on a Sunday through the release of a discussion paper on 20 April 2007. The submissions received provided extensive new quantitative and qualitative information which emphasised the importance of Sunday calling to quality research.

‘ACMA understands that the community generally considers unsolicited telephone calls to be inconvenient and intrusive,’ said Mr Chapman. ‘However, the community also appreciates the importance of quality research in delivering social and economic benefits.

‘After considering the views put to us, we have concluded that calls should be allowed on Sundays but with tighter calling hours than those that exist under current self-regulatory arrangements. This will allow valuable research to continue.’

ACMA will be closely monitoring compliance with the new Sunday calling times and consumer response to the standard.

‘This work will be used as part of ACMA’s comprehensive review of the calling hours under the standard in the next 12 months,’ Mr Chapman added. ‘The review can be brought forward at any time should significant concerns be brought to our attention.’

Breaches of the standard may incur either a formal warning or financial penalty, determined by the Federal Court. Penalties are up to $250,000 per contravention for bodies corporate and $50,000 for individuals.

ACMA also expects that the telemarketing and research industries will move quickly to develop codes of practice to address consumer concerns about industry activities which are not addressed by the ACMA standard.

Source: ACMA, Australia

New arrangements for accessing information in the Integrated Public Number Database (IPND) commenced today with the introduction of a scheme establishing a ‘gatekeeper’ role for the Australian Communications and Media Authority and the registration of a revised industry code.

‘These new arrangements play a very important role in protecting the privacy of customer details by ensuring that IPND data is only used for approved purposes,’ said Chris Chapman, ACMA Chairman.

Schedule 1 of the Telecommunications Amendment (Integrated Public Number Database) Act 2006 (the Act) was proclaimed by the Governor-General on 10 May 2007 and will come into effect on 15 May 2007. The Telecommunications Integrated Public Number Database Scheme 2007 (the IPND Scheme) and associated legislative instruments will also commence on this day.

In addition, ACMA has registered the Integrated Public Number Database (IPND) Industry Code ACIF C555:2007 (the IPND Code) developed by the Communications Alliance.

The IPND Scheme establishes ACMA’s role in granting authorisations to use and disclose information from the IPND in connection with the publication and maintenance of a public number directory or for conducting research of a kind specified by the Minister for Communications, Information Technology and the Arts.

The IPND Code aligns industry practices with the requirements of the Act and the IPND Scheme. It establishes processes for data providers, data users and the IPND Manager that promote the integrity of IPND data.

In an acknowledgment of the importance of the IPND Code, Chris Chapman said: ‘This code is a valuable complement to the new IPND Scheme. I would like to acknowledge the significant work done by Communications Alliance over an extended period to have the IPND Code ready for registration in time for proclamation of the Act.’

‘Communications Alliance has worked hard to develop a code that will protect the interests of data providers and data users, and importantly, protect the integrity of customer information. To achieve this we needed a code that supports the new requirements of the Act and the IPND Scheme, and we are confident that we have achieved that end,’ said Communications Alliance CEO Anne Hurley.

The IPND Scheme is available on the ACMA website and the IPND Code can be found at the Communications Alliance website.

Source: ACMA, Australia

The Australian Communications and Media Authority has published guidelines for the types of services that may be provided as narrowcasting television services under the Broadcasting Services Act 1992.

The guidelines – set out in a paper entitled Narrowcasting Television Services – Guidelines and Information published on ACMA’s website today – have been developed in the context of decisions by the Parliament to allow for a range of new media services for Australian consumers through the allocation of two new licences for digital television services.

Narrowcasting services are legally distinct categories of broadcasting services, which have their reception limited in some way – such as by being targeted to a special interest group. While ACMA must take into account a range of factors when forming an opinion on the category of a service, the content of a service’s programs is the factor most likely to determine whether or not the service is a narrowcasting service.

‘Digital broadcasting technologies promise to dramatically change the way audiences think about and use television. These technologies have the potential to enable a broader choice of program content and formats, aimed at meeting specific audience needs and interests,’ said Chris Chapman, ACMA Chairman.

In a digital broadcasting environment where services can be provided in a range of formats, ACMA has chosen not to adopt a prescriptive approach to the definition of ‘narrowcasting service’. ‘ACMA will base its category of service decision on the precise circumstances of that service, particularly the types of programs to be provided and how they will be ‘packaged’,’ said Mr Chapman.

Prospective providers of narrowcasting television services are therefore strongly encouraged to seek binding opinions from ACMA on the categories into which proposed services fall. Such opinions can be sought from ACMA at any time and, once given, remain valid for a minimum of five years. Information on how to apply for a category-of-service opinion and copies of opinions that have been provided are available on the ACMA website.

Source: ACMA, Australia

The Australian Communications and Media Authority has introduced a new, location-independent service type and number range to facilitate the introduction of innovative communications services while assisting consumers in making more informed choices.

ACMA has amended the Telecommunications Numbering Plan 1997 (the Numbering Plan) to create the new service type and the 0550 number range.

‘The new service type and the 0550 number range provide greater flexibility for industry to innovate in the provision of telephone services but in a way that should also provide consumers with clearer signals about the extent to which their service will resemble a traditional telephone service. This is important because emerging voice services may function in different ways to traditional telephone services,’ said Chris Chapman, ACMA Chairman.

Current examples of innovative services include some kinds of voice over internet protocol (VoIP) services. However, as next generation networks are built and software and devices continue to evolve, it can be expected that innovation will broaden further.

Under the new arrangements, service providers will have a choice of number ranges. If a provider wishes to offer a traditional fixed telephone service or a service that is a close substitute, it will continue to be able to access geographic numbers, or, if it chooses, it can diversify to the new 0550 number range.

If a service offers features that depart significantly from those traditionally expected of telephone services, then ACMA expects these will be offered only on the 0550 number range. In particular, 0550 will be suitable in cases where a telephone service is not fixed to a particular location. ACMA has included a set of guidelines in the Numbering Plan that are intended to assist carriage service providers in selecting the appropriate number range for the provision of IP-based services.

The authority’s decision is an important step in facilitating the evolution of voice telephony and also implements an important aspect of the government’s announced strategic framework for VoIP services.

As part of this new approach ACMA intends to more actively monitor compliance with regard to the use of geographic numbers for local services by carriage service providers. In the first instance, ACMA intends to provide information and advice to IP service providers to assist them in meeting their obligations as carriage service providers. In addition, ACMA will also make available information to consumers about the new number range.

‘As new services become available, ACMA expects to continue working with organisations such as the Communications Alliance to ensure that appropriate information is available,’ said Mr Chapman.

ACMA will also continue to work with the Department of Communications Information Technology and the Arts, the Australian Competition and Consumer Commission and the industry on other matters related to the changing technological and commercial environment for voice services.

The changes will take effect from 31 May 2007. This provides industry with time to make the required networking and marketing preparations to support the number range.

Source: ACMA, Australia

Number portability introduced on 1 April means telephone users switching companies are now able to keep the same phone number.

“Number portability provides greater freedom for consumers,” says Telecommunications Commissioner Douglas Webb.

“By making it easier to switch providers, number portability should increase competition and result in better services and prices,” says Mr Webb.

Number portability is industry-wide, and applies to landlines and mobile phones.

The Commission worked closely with industry to meet the 1 April date, and coordinated the launch along with the Telecommunications Carriers’ Forum.

Details about number portability are available on the Commission’s website, under Industry Regulation > Telecommunications > Number Portability.

Source: Commerce Commission, New Zealand

 

The Australian Communications and Media Authority will have a ‘gatekeeper’ role in granting applications for authorisation to use and disclose information from the Integrated Public Number Database (IPND) under a new scheme.

The Telecommunications Integrated Public Number Database Scheme 2007 (the IPND Scheme) has been established as a result of the recent amendments to the Telecommunications Act 1997. The IPND Scheme will become operational upon proclamation of the enabling amendments to the Telecommunications Act.

‘The IPND Scheme is intended to ensure that IPND data is only used for authorised purposes and will assist in preventing any misuse of IPND information.’ said Chris Chapman, ACMA Chairman.

Under the scheme ACMA will have a ‘gatekeeper’ role in granting authorisations to use and disclose information from the IPND in connection with the publication and maintenance of a public number directory or for conducting research of a kind specified by the Minister.

In addition, the IPND Scheme imposes conditions upon the granting of authorisations. Conditions include obligations regarding the manner in which corrections are dealt with and the information which must be provided to consumers who are contacted by researchers.

ACMA will hold a series of information sessions in early April to assist existing and prospective users in the preparation of their applications under the scheme. The sessions will be held on 10, 11 & 12 April in Sydney and 13 April in Melbourne.

The IPND scheme is available on the ACMA website.

Source: ACMA, Australia

The Australian Communications and Media Authority is considering widening proposed protection zones for two submarine cables off the New South Wales coast. As part of its consultation process, ACMA has been made aware of likely industry plans for new high capacity submarine cables into Sydney and is proposing to widen the zones in deeper waters beyond nine nautical miles off shore. ACMA is inviting public submissions about its variation. ‘Widening the proposed protection zones in deeper water will better allow for future cables to be co-located within the protection zones,’ said Chris Cheah, full time ACMA member and Chairman of its NSW Protection Zone Advisory Committee. The two proposed protection zones are: The Northern Protection Zone extending from Narrabeen beach to 40 nautical miles offshore, covering the northern branches of the Australia Japan Cable and the Southern Cross Cable and the area between those cables; and The Southern Protection Zone extending from Tamarama and Clovelly beaches and extending 30 nautical miles offshore, covering the southern branches of the Australia Japan Cable and the Southern Cross Cable and the area between those cables. ‘Having undertaken some preliminary consultation, we believe that enlarging each protection zone to include the area between the existing cable branches is unlikely to impact on many marine users,’ Mr Cheah said. ‘Nonetheless, ACMA is keen to test this view and consult with all parties about the revised proposals. All views will be considered before ACMA finally declares the protection zones.’ Source: ACMA, Australia

The Australian Communications and Media Authority has released guidelines (PDF 244 kb) relating to its use of enforcement powers under the Broadcasting Services Act 1992.

‘In developing the guidelines ACMA has attempted to strike a balance between providing certainty and clarity to the broadcasting industry and allowing ACMA the capacity to take a responsive, proportionate and flexible approach to regulatory action,’ said Chris Chapman, ACMA Chairman. ‘ACMA will review the guidelines on an annual basis to ensure to they remain relevant and appropriate.’

Draft guidelines were released for public comment on 13 December 2006. Submissions received on the draft have been incorporated in the final guidelines.

The guidelines set out the matters that ACMA will take into account in making enforcement decisions, and the principles ACMA proposes to apply in using some of its broadcasting enforcement powers. These principles are as follows:

• ACMA recognises the importance of encouraging and facilitating compliance by all industry participants with statutory obligations;
• ACMA’s compliance activities may be both proactive and reactive;
• Enforcement decisions must not be influenced by bias, conflicts of interest or irrelevant considerations (such as gender, race, religion, political views or affiliation);
• Enforcement action should be proportionate to the impact of the breach or risk of future breach;
• Any enforcement action should, so far as possible, seek to address any systemic or ongoing element that may give rise to future breaches; and
• The circumstances of each breach will be separately considered.

Source: ACMA, Australia

The Australian Communications and Media Authority is seeking comments on enhanced call handling features in relation to the Telecommunications (Customer Service Guarantee) Standard 2000 (No.2) (CSG Standard).

ACMA is carrying out the consultation at the request of the Minister for Communications, Information Technology and the Arts, Senator the Hon Helen Coonan as a result of a report released in April 2006 titled Rethinking Regulation: Report of the Taskforce on Reducing Regulatory Burdens on Business.

The report reviewed various areas of regulation, including social and environmental regulation. Consumer related regulation and the specific review of the Customer Service Guarantee were issues raised in the report.

The report made a recommendation that:

ACMA should consult with all telecommunications providers as part of a review of the need for regulation of connections to specified services, in the context of wider development of the market for these services.

The government agreed to this recommendation in principle, noting that it considers no requirement for change in the current arrangements relating to connection times is needed. However, the government agreed that, in relation to enhanced call handling features, it will ask ACMA to consult with carriage service providers (CSPs) on this aspect of the CSG Standard and report to the government.

Source: ACMA, Australia