EXPLANATORY STATEMENT
Telecommunications Act 1997
Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013 (Amendment No.1 of 2018)
Issued by the authority of the Minister for Communications
Legislative Authority
Subsection 63(2) of the Telecommunications Act 1997 (the Act) provides that the Minister may, by written instrument, declare that an existing carrier licence is subject to specific conditions.
Subsection 63(5) of the Act enables the Minister, by written instrument, to vary an instrument under subsection 63(2) of the Act.
Purpose
The Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013 (Amendment No.1 of 2018) (the Variation Declaration) varies the Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013 (the Original Declaration). It does this to reduce the area in University Hill, Victoria, for which OptiComm Co Pty Ltd (OptiComm) is the infrastructure provider of last resort (IPOLR).
Background
The Original Declaration places obligations on OptiComm to connect (or arrange for another person on its behalf to connect) its network, upon reasonable request, to any premises located within any of the 25 OptiComm network footprints mapped in the Original Declaration. This is known as its IPOLR obligation. These areas are set out in Schedule 1 to the Original Declaration and the related maps annexed to that Schedule. The areas include University Hill, Victoria, as indicated in Map 18.
It has been determined that part of OptiComm’s University Hill area is better serviced with NBN Co Ltd (nbn) as the IPOLR. In this context, the area for which OptiComm has IPOLR responsibilities can be wound back. This reduces OptiComm’s regulatory obligations, with potential operational and cost benefits for OptiComm. OptiComm is still able to provide services in the area on a commercial basis as it wishes.
The Variation Declaration achieves its effect by replacing the current Map 18 relating to University Hill with a revised Map 18 showing a smaller area in University Hill for which OptiComm will now have IPOLR responsibilities.
In terms of access to services for consumers in the area concerned, nbn will now be obliged to connect premises under its Statement of Expectations and it will be required to service them as a statutory infrastructure provider (SIP) when the SIP regime in the Telecommunications Legislation Amendment (Competition and Consumer) Bill 2017 is enacted.
Consultation
Section 64 of the Act provides that before making a variation to a carrier licence conditions instrument under subsection 63(5) of the Act, the Minister must arrange for the draft instrument to be provided to the licence holder and invite the holder to make a submission to the Minister.
The Department of Communications and the Arts, on behalf of the Minister for Communications, consulted with OptiComm.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required as the proposal is likely to have no more than minor regulatory impacts (OBPR reference 22869).
Details of the accompanying Declaration
Details of the accompanying Declaration are set out in Attachment 1.
Statement of Compatibility with Human Rights
A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out in Attachment 2.
Attachment 1
Details of the Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013
(Amendment No.1 of 2018)
Section 1 – Name of Declaration
Section 1 of the Declaration provides that the name of the instrument is the Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013 (Amendment No.1 of 2018).
Section 2 – Commencement
Section 2 provides that the Declaration commences on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
Section 3 sets out the legislative authority under which the Declaration is made.
Section 4 – Variation
Section 4 provides that the Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013 is varied according to the terms set out in the Schedule to the Variation Declaration.
Schedule 1 – Amendment
Item 1 of the Schedule substitutes a new Map 18 for existing Map 18 at Annexure A to Schedule 1. The new map sets out the revised, smaller area for which OptiComm has infrastructure provider of last resort responsibilities in University Hill.
Attachment 2
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013 (Amendment No.1 of 2018)
The Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013 (Amendment No.1 of 2018) (the Variation Declaration) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Declaration
The Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013 (the Original Declaration) places obligations on OptiComm Co Pty Ltd (OptiComm) to connect (or arrange for another person on its behalf to connect) OptiComm’s network, upon reasonable request, to any premises located within any of the 25 OptiComm network footprints set out in Schedule 1 to the Original Declaration and the related maps annexed to that Schedule. This is known as OptiComm’s infrastructure provider of last resort (IPOLR) obligation.
It has been determined that part of OptiComm’s University Hill area is better serviced with NBN Co Ltd as the IPOLR. In this context, the area for which OptiComm has IPOLR responsibilities can be wound back. This reduces OptiComm’s regulatory obligations, with potential operational and cost benefits for OptiComm. OptiComm is still able to provide services in the area on a commercial basis as it wishes.
Item 1 of the Schedule to the Variation Declaration substitutes a new Map 18 for existing Map 18 at Annexure A to Schedule 1 of the Original Declaration. The new map sets out the revised, smaller area for which OptiComm has IPOLR responsibilities in University Hill.
No human rights issues were raised during consultation on the draft Variation Declaration. The variation of the carrier licence conditions do not raise any human rights issues.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.