COMPETITION AND CONSUMER ACT 2010
Competition and Consumer (ULLS 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 Unconditioned Local Loop Service (ULLS) declaration to 30 June 2024.
Note: the previous expiry date was 31 July 2019.
2. The ULLS 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 ULLS
Service description
The Unconditioned Local Loop Service is the use of unconditioned communications wire 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 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; and
public switched telephone network is a telephone network accessible by the public providing switching and transmission facilities utilising analogue and digital technologies.
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 (ULLS Declaration) Extension 2018 was enacted to address the need for extending the Unconditioned Local Loop Service (ULLS) declaration under the Competition and Consumer Act 2010. This notifiable instrument was introduced by the Australian Competition and Consumer Commission (ACCC), which is the relevant authority empowered under section 152ALA(4) of the Act. The primary policy objective of this legislation was to extend the expiry date of the ULLS declaration from 31 July 2019 to 30 June 2024. This extension was necessary to maintain regulatory oversight and ensure that the telecommunications services continue to meet the required standards without interruption, thereby protecting consumer interests and promoting fair competition in the market.
Scope and Application
The Competition and Consumer (ULLS Declaration) Extension 2018 extends the expiry date of the Unconditioned Local Loop Service (ULLS) declaration under the Competition and Consumer Act 2010 from 31 July 2019 to 30 June 2024. The ULLS, defined as the use of unconditioned communications wire 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, is crucial for the provision of telecommunications services. This extension applies to all entities and individuals involved in the telecommunications industry, ensuring continued compliance with the Act's provisions until the new expiry date. The Act's jurisdictional reach is national, applying across Australia, and it does not specify any exclusions or exemptions within this particular instrument, though broader exceptions may apply under the primary Act or other relevant legislation. The application of the Act may be further detailed through subordinate instruments, which can provide additional clarity or specifications to the declaration.
Key Provisions
The Competition and Consumer (ULLS Declaration) Extension 2018, which amends the Competition and Consumer (ULLS Declaration) Instrument 2014, extends the expiry date of the Unconditioned Local Loop Service (ULLS) declaration under section 152ALA(4) of the Competition and Consumer Act 2010 (the Act) from 31 July 2019 to 30 June 2024. This extension is a significant administrative action that allows for the continued operation of the ULLS within the parameters defined by the Act and the Telecommunications Act 1997. The ULLS is defined in Annexure 1 to this instrument as the use of unconditioned communications wire 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.
The obligations imposed by this legislation on the parties or entities it governs include the adherence to the service description provided in Annexure 1. This description delineates the ULLS as the use of unconditioned communications wire between specific points on a telecommunications network, ensuring clarity and consistency in service provision. The service description also includes definitions for key terms such as "boundary of a telecommunications network," "communications wire," "customer access module," and "public switched telephone network." These definitions are critical for the accurate interpretation and application of the legislation.
In terms of consequences for breach, the Act itself does not specify particular offences, penalties, or consequences for non-compliance with the ULLS declaration. However, any failure to comply with the provisions of the Competition and Consumer Act 2010 could potentially result in civil or criminal penalties. The specific penalties would depend on the nature and severity of the breach, and could include fines or other legal actions as prescribed under the Act. Given that this is an administrative extension of a service declaration rather than a substantive change in law, the focus is more on ensuring continued compliance with existing regulations rather than introducing new sanctions.