COMPETITION AND CONSUMER ACT 2010
Competition and Consumer (FTAS Declaration) Extension 2018
- Pursuant to section 152ALA(4) of the Competition and Consumer Act 2010 (the Act), the Australian Competition and Consumer Commission extends the expiry date for the Fixed Terminating Access Service (FTAS) declaration to 30 June 2024.
Note: the previous expiry date was 31 July 2019.
2. The FTAS is described in Annexure 1 to this instrument.
Rodney Graham Sims
Chair
Australian Competition and Consumer Commission
Dated: 23 November 2018
Annexure 1: Service Description for the FTAS
Service description
An access service for the carriage of telephone calls (i.e. voice, data over the voice band) from a POI to end-customer assigned numbers from the geographic number ranges of the Australian Numbering Plan and directly connected to the access provider’s network.
For the avoidance of doubt, the service also includes a service for the carriage of telephone calls from a POI, or potential POI, located at or associated with a local switch and located on the incoming trunk side of the switch to customer equipment at an end-user’s premises.
Channel Capacity
The service will establish a connection for the purposes of voice communication with the standard bandwidth of 3.1kHz.
Services
The service is provided on a call that is handed over for termination to a customer directly connected to the access provider's network with numbering in accordance with the Australian Numbering Plan.
Signalling
Signals for this service will use CCS#7 signalling. Unless otherwise agreed, this CCS#7 signalling will be in accordance with the NIIF/ACIF Interconnection-ISUP specification.
Nature of switchports
At POIs the calls will be delivered to the access seeker at 2.048Mbit/sec Switchports. The switchports will operate at 2.048Mbit/sec in accordance with the ITU Recommendations G.703, G. 704 and G.732 (Blue Book)
Definitions
Where words or phrases used in this declaration are defined in the Act or the Telecommunications Act 1997, they have the same meaning given in the relevant Act.
In this Appendix:
NBN corporation has the same meaning as in the National Broadband Network Companies Act 2011.
point of Interconnection or POI means an agreed location which:
is a physical point of demarcation between the networks nominated by the access seeker and the access provider; and
is associated (but not necessarily co-located with) with one or more gateway exchanges of each of the networks nominated by the access seeker and the access provider in respect of the POIs nominated by the access provider.
Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).
Overview
The Competition and Consumer (FTAS Declaration) Extension 2018, enacted in 2018, serves to extend the expiry date of the Fixed Terminating Access Service (FTAS) declaration under the Competition and Consumer Act 2010 from 31 July 2019 to 30 June 2024. This notifiable instrument was issued by the Australian Competition and Consumer Commission (ACCC) pursuant to section 152ALA(4) of the Act, addressing a gap in telecommunications regulation by ensuring that the FTAS remains available to support the carriage of telephone calls in accordance with the Australian Numbering Plan. The policy objective of this extension is to maintain the necessary infrastructure and services for telecommunications, thereby supporting the competitive market and protecting consumer interests in the telecommunications sector.
Scope and Application
The Competition and Consumer (FTAS Declaration) Extension 2018 extends the expiry date for the Fixed Terminating Access Service (FTAS) declaration under the Competition and Consumer Act 2010 from 31 July 2019 to 30 June 2024. This extension applies to the specific service described in Annexure 1 of the instrument, which outlines an access service for the carriage of telephone calls, including voice and data over the voice band, from a point of interconnection (POI) to end-customer assigned numbers within the Australian Numbering Plan. The service involves establishing a connection for voice communication with a standard bandwidth of 3.1kHz, using CCS#7 signalling, and delivering calls at 2.048Mbit/sec switchports in accordance with relevant ITU Recommendations. This extension applies nationally across Australia and is subject to the definitions and provisions of the Competition and Consumer Act 2010 and the Telecommunications Act 1997, including specific terms defined in Annexure 1. The Act applies to entities involved in providing or seeking this service, with the extension facilitating continued regulatory oversight and compliance requirements within the telecommunications sector.
Key Provisions
The main operative section of this legislation is section 2, which extends the expiry date for the Fixed Terminating Access Service (FTAS) declaration to 30 June 2024, as per section 152ALA(4) of the Competition and Consumer Act 2010 (the Act). The Australian Competition and Consumer Commission (ACCC) has extended the expiry date of the FTAS declaration, which was previously set to expire on 31 July 2019. This extension allows for continued compliance and operation under the FTAS framework until the new date specified.
The Act imposes obligations on the parties involved in providing and accessing the FTAS. These obligations include ensuring that the service adheres to the specified technical standards and parameters, such as the use of CCS#7 signalling, adherence to the NIIF/ACIF Interconnection-ISUP specification unless otherwise agreed, and delivery of calls via switchports operating at 2.048Mbit/sec in accordance with relevant ITU Recommendations. Additionally, any changes or agreements made must be in line with the defined terms and conditions outlined in the Act and the Telecommunications Act 1997.
Failure to comply with the provisions of the Act and the FTAS declaration could result in various consequences. While the specific penalties or sanctions for non-compliance are not detailed in the text provided, breaches of the Competition and Consumer Act 2010 can generally lead to both civil and criminal penalties. Civil penalties can include substantial fines, court orders, and corrective measures. Criminal penalties may involve imprisonment, fines, or both, depending on the severity and nature of the breach. The maximum penalties would be determined by the relevant courts and are subject to the specifics of each case under Australian law.