Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 2 of 1999)

Overview

The Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 2 of 1999) was enacted to address the transition of Telstra's analogue Advanced Mobile Phone Service (AMPS) network, which was scheduled to close on 31 December 1999, and to provide a short-term public interest extension. This amendment to the Telecommunications Act 1997 was introduced by the Australian Government to facilitate a more gradual transition to digital cellular networks, ensuring minimal disruption to service. The Minister for Communications, Information Technology and the Arts, exercising powers under subsection 63(3) of the Act, was responsible for issuing this amendment to impose specific conditions on Telstra's carrier licence. The policy objective was to allow Telstra to continue operating its AMPS network in certain areas under specific conditions until 7 January 2000, thus enabling a smoother deployment of the 800 MHz digital cellular network.

Scope and Application

The Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 2 of 1999) applies specifically to Telstra Corporation Limited, a major telecommunications provider in Australia. This legislation amends the conditions of Telstra's carrier licence under the Telecommunications Act 1997, allowing for a temporary extension of analogue AMPS base stations that were scheduled to close on 31 December 1999. The amendment is geographically limited to Australia, as Telstra operates within the national jurisdiction. This amendment does not extend to other telecommunications providers or to entities other than Telstra. The changes are made to accommodate the transition period necessary for Telstra to fully deploy its 800 MHz digital cellular network, ensuring minimal disruption to telecommunications services during the switchover. The legislation also incorporates the terms of an agreement dated 29 August 1998 between the Australian Government, Telstra, Cable & Wireless Optus, and Vodafone, which has been subsequently varied to include minor changes to the closure provisions of the original agreement.

Key Provisions

The Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 2 of 1999) provides specific variations to the carrier licence conditions for Telstra Corporation Limited, allowing certain analogue AMPS network operations to continue briefly beyond the originally scheduled closure date. Under subsection 63(3) of the Telecommunications Act 1997, the Minister has the authority to impose or vary conditions on a carrier licence. The original declaration, amended by the first amendment in 1998 and the second in 1999, governs Telstra’s carrier licence. Section 361 of the Act mandates that from 1 January 2000, no person may install or operate an analogue AMPS network. However, paragraph 362(1)(c) of the Act allows such operations if the Minister and eligible mobile carriers, including Telstra, Cable & Wireless Optus, and Vodafone, agree in writing. An agreement was signed on 29 August 1998, allowing Telstra to continue operating its analogue AMPS network in specific areas for a limited period. This agreement was subsequently varied on public interest grounds, allowing Telstra to permit ongoing calls until 7 January 2000, provide emergency call services until 7 January 2000, and issue a recorded voice announcement (RVA) alerting users of the closure of the base station. The obligations imposed by this legislation on Telstra include adhering to the conditions set forth in the amended declaration, which allows the continued operation of certain AMPS base stations beyond the original closure date. Specifically, Telstra must ensure that calls in progress at midnight on 31 December 1999 can continue until terminated by the user or until the end of the next 24 hours. Additionally, Telstra is required to provide emergency call services for calls initiated to emergency service numbers between 1 January 2000 and midnight 7 January 2000. Furthermore, Telstra must present a RVA to network users attempting to make calls between 1 January 2000 and midnight 7 January 2000, informing them of the base station closure. The declaration also mandates the wording for the RVA, which is detailed in the new Schedule 1 inserted by Clause 5. Failure to comply with the conditions set forth in the amended declaration could result in regulatory consequences. The Act does not explicitly outline specific offences or penalties for non-compliance with these conditions, but breaches of telecommunications licence conditions generally can lead to enforcement actions by the Minister or the Australian Communications and Media Authority (ACMA). Such actions may include fines, licence suspension, or revocation. The maximum penalties for breaches of telecommunications licence conditions can vary but often include significant fines and potential criminal charges for serious or repeated violations. The precise penalties would be determined based on the severity and nature of the breach, as well as any relevant case law and regulatory guidelines.