Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013 (Amendment No. 1 of 2018)

Administered by Department of Communications and the Arts

Legislation au F2018L00383 Not in force Legislative Instrument

Legislation content

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.

Overview

The Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013 (Amendment No. 1 of 2018) amends the original declaration made under the Telecommunications Act 1997 to reduce the area in University Hill, Victoria, for which OptiComm Co Pty Ltd (OptiComm) is the infrastructure provider of last resort (IPOLR). Enacted by the Minister for Communications under the authority of the Act, the amendment aims to modify OptiComm's obligations by reducing its designated service area, thereby potentially alleviating some of its operational and cost burdens. The variation responds to the determination that part of OptiComm's University Hill area is better serviced by NBN Co Ltd as the IPOLR. Despite the reduction in regulatory obligations, OptiComm retains the option to offer services in the area commercially. This adjustment is implemented by replacing the existing map detailing OptiComm's University Hill area with a revised map that delineates a smaller service zone.

Scope and Application

The Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013 (Amendment No.1 of 2018) applies specifically to OptiComm Co Pty Ltd, a telecommunications carrier, and modifies the conditions of its existing carrier licence as declared in 2013. The amendment reduces the geographic area in University Hill, Victoria, for which OptiComm is designated as the infrastructure provider of last resort (IPOLR). This change follows a determination that part of the University Hill area is better serviced by NBN Co Ltd, thereby reducing OptiComm’s regulatory obligations while allowing it to continue providing services in the area commercially. The amendment is made under subsection 63(5) of the Telecommunications Act 1997 and comes into effect on the day after it is registered on the Federal Register of Legislation. The geographic scope of the Act is national, with the amendment specifically affecting OptiComm's obligations in Victoria. No exclusions, exemptions, or thresholds are explicitly mentioned in the text, though the amendment is targeted to a specific area within the broader obligations of the original declaration.

Key Provisions

The Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013 (Amendment No.1 of 2018) amends the conditions under which OptiComm Co Pty Ltd operates as an infrastructure provider of last resort (IPOLR) in University Hill, Victoria. The amendment reduces the geographical area in University Hill for which OptiComm must connect its network to premises upon reasonable request. This change is implemented by substituting the existing Map 18 in the Original Declaration with a new Map 18 in the Schedule to the Variation Declaration, thereby shrinking the area of OptiComm's IPOLR obligations. OptiComm Co Pty Ltd is required to comply with the amended conditions, which now mandate that it connect its network only to premises located within the reduced area defined by the new Map 18. Despite this reduction in regulatory obligations, OptiComm retains the right to provide services commercially in the entire area of University Hill. The amended conditions also require OptiComm to adhere to any additional terms and conditions stipulated in the Declaration and to any other applicable legislation. Failure to comply with the conditions outlined in the amended Declaration may result in legal repercussions. The Telecommunications Act 1997 provides for penalties for non-compliance, which can include fines and other sanctions. The exact penalties for breaching the carrier licence conditions are not specified in the explanatory statement but are typically detailed in the relevant sections of the Act. Given the nature of the obligations, non-compliance could potentially disrupt telecommunications services, leading to consumer dissatisfaction and possible enforcement actions by the regulatory authorities. Overall, the amendment aims to streamline OptiComm’s operational responsibilities while ensuring that consumers in the affected area continue to have access to necessary telecommunications services through other providers, such as NBN Co Ltd, once the statutory infrastructure provider (SIP) regime is implemented.

Legal classification tags

Area of Law
Telecommunications Law
Instrument
Declaration
Concepts
Definitions & Interpretation
Licensing & Registration
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.