COMPETITION AND CONSUMER ACT 2010
Competition and Consumer (LSS 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 Line Sharing Service (LSS) declaration to 30 June 2024.
Note: the previous expiry date was 31 July 2019.
2. The LSS 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 LSS
Service description
The Line Sharing Service is the use of the non-voiceband frequency spectrum of unconditioned communications wire (over which wire an underlying voiceband PSTN service is operating) between the boundary of a telecommunications network at an end-user’s premises and a point on a telecommunications network that is a potential point of interconnection located at, or associated with, a customer access module and located on the end-user side of the customer access module.
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:
boundary of a telecommunications network is the point ascertained in accordance with section 22 of the Telecommunications Act 1997;
communications wire is a copper or aluminium based wire forming part of a public switched telephone network;
customer access module is a device that provides ring tone, ring current and battery feed to customers’ equipment. Examples are Remote Subscriber Stages, Remote Subscriber Units, Integrated Remote Integrated Multiplexers, Non-integrated Remote Integrated Multiplexers and the customer line module of a Local Switch;
public switched telephone network is a telephone network accessible by the public providing switching and transmission facilities utilising analogue and digital technologies;
voiceband PSTN service is a service provided by use of a public switched telephone network and delivered by means of the voiceband portion of the frequency spectrum available over a metallic line.
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 (LSS Declaration) Extension 2018 was enacted to extend the expiry date of the Line Sharing Service (LSS) declaration from 31 July 2019 to 30 June 2024, as permitted under section 152ALA(4) of the Competition and Consumer Act 2010. This notifiable instrument was introduced by the Australian Competition and Consumer Commission to ensure continued clarity and compliance regarding the use of the non-voiceband frequency spectrum of unconditioned communications wire, as described in the Act and the Telecommunications Act 1997. The primary policy objective behind this extension is to maintain regulatory oversight and support the ongoing operation of telecommunications services, ensuring they align with competitive and consumer protection standards.
Scope and Application
The Competition and Consumer (LSS Declaration) Extension 2018 extends the expiry date for the Line Sharing Service (LSS) declaration under the Competition and Consumer Act 2010 to 30 June 2024. This legislative instrument, administered by the Australian Competition and Consumer Commission, applies specifically to the LSS, which involves the use of non-voiceband frequency spectrum of unconditioned communications wire between the boundary of a telecommunications network at an end-user's premises and a point of interconnection. This service description pertains to the use of telecommunications networks and the infrastructure involved, including the public switched telephone network and customer access modules. The extension applies to all entities and persons involved in the provision and use of this service, ensuring compliance with the extended declaration until the new expiry date.
Key Provisions
The main operative section of the Competition and Consumer (LSS Declaration) Extension 2018 (No. 1) instrument is section 2, which extends the expiry date for the Line Sharing Service (LSS) declaration from 31 July 2019 to 30 June 2024 (section 2). This section ensures that the LSS continues to be recognised under the Competition and Consumer Act 2010 (the Act) until the new date specified. Additionally, Annexure 1 provides a detailed description of the LSS and relevant definitions which are integral to understanding the scope and application of the LSS within the telecommunications framework.
The obligations imposed by this legislation on parties and entities primarily concern compliance with the extended declaration date for the LSS. Telecommunications companies, service providers, and any other relevant entities must adhere to the extended date to ensure that their operations remain compliant with the Act. This includes ensuring that any services provided under the LSS framework are conducted in accordance with the extended terms and that all related documentation and declarations are updated to reflect the new expiry date. This requirement is critical for maintaining legal and operational integrity in the telecommunications sector.
Regarding the consequences of non-compliance, the Act does not explicitly state specific offences, penalties, or civil/criminal consequences within this instrument. However, general provisions within the Competition and Consumer Act 2010 apply, which could include fines and other penalties for breaches of the Act. For instance, under section 133 of the Act, significant penalties can be imposed for breaches, including fines up to $1.5 million for corporations and $300,000 for individuals, reflecting the seriousness of non-compliance with competition and consumer laws. Additionally, civil actions may be pursued for any damages caused by non-compliance, further incentivising adherence to the legislative requirements.