COMPETITION AND CONSUMER ACT 2010
Extension of declaration expiry date under section 152ALA(4)
Variation of declaration in accordance with section 152AO
- Pursuant to section 152ALA(4) of the Competition and Consumer Act 2010 (Act), the Australian Competition and Consumer Commission (ACCC) extends the expiry date for Domestic PSTN Terminating Service declaration to 31 July 2019.
Note: the previous expiry date was 31 July 2014.
2. In accordance with section 152AO of the Act, the ACCC varies the Domestic PSTN Terminating Service declaration to be known as the Fixed Terminating Access Service (FTAS) declaration. This variation commences on 1 August 2014.
3. The FTAS is described and varied in Annexure 1 to this instrument.
Rodney Graham Sims
Chairman
Australian Competition and Consumer Commission
Dated: 16 April 2014
Annexure 1: Service Description for the FTAS
Service description and definitions
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 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.
Overview
The Competition and Consumer Act 2010 was enacted by the Parliament of Australia to address issues related to anti-competitive conduct, consumer protection, and fair trading in the Australian market. This legislation is designed to ensure fair competition among businesses, protect consumers from unfair practices, and promote overall economic welfare. The Australian Competition and Consumer Commission (ACCC) is responsible for enforcing the Act, with a policy objective of maintaining and enhancing consumer welfare and promoting competitive markets.
This particular legislative instrument, Gazette C2014G00644, extends the expiry date for the Domestic PSTN Terminating Service declaration under section 152ALA(4) of the Act, altering the previous expiry date from 31 July 2014 to 31 July 2019. Furthermore, it varies the Domestic PSTN Terminating Service declaration to be known as the Fixed Terminating Access Service (FTAS) declaration, effective from 1 August 2014, as per section 152AO of the Act. This change is detailed in Annexure 1 of the instrument, which includes the service description and definitions for the FTAS.
Scope and Application
The Competition and Consumer Act 2010 (CCA) governs the extension and variation of the Domestic PSTN Terminating Service declaration, as announced by the Australian Competition and Consumer Commission (ACCC). This Act applies to entities involved in telecommunications services, particularly those offering fixed-line telephone services in Australia. The extension of the declaration’s expiry date to 31 July 2019, and its renaming to the Fixed Terminating Access Service (FTAS), affects the conduct of businesses providing telephone call services within the scope of this declaration. The geographic reach of the Act is national, impacting all telecommunications entities operating across Australia. Notably, the Act does not specify any exclusions or thresholds for the services covered under this declaration. The ACCC's authority to extend and vary such declarations is further supported by subordinate instruments, which facilitate the precise management of telecommunications services under the Act.
Key Provisions
The key operative sections of the legislation extend the expiry date of the Domestic PSTN Terminating Service declaration under section 152ALA(4) of the Competition and Consumer Act 2010 (section 152ALA(4)), which was previously set to expire on 31 July 2014. This extension now sets the new expiry date at 31 July 2019. Additionally, section 152AO of the Act allows for the variation of the declaration, which has been renamed to Fixed Terminating Access Service (FTAS) declaration, effective from 1 August 2014. This renaming and the associated service description are detailed in Annexure 1 of the instrument.
Under this Act, the Australian Competition and Consumer Commission (ACCC) has the authority to extend the expiry date and vary the service declaration as per the legislative provisions. This is a direct action taken to ensure the clarity and continued relevance of the service definitions and standards within the telecommunications sector, particularly focusing on the carriage of telephone calls through specified access points and networks. The service description provided in Annexure 1 outlines the technical and operational details, including the bandwidth, signalling, and switchport specifications necessary for the provision of the FTAS.
The obligations imposed by the Act on the parties and entities it governs include adhering to the new expiry date and the updated service definition as outlined in the FTAS declaration. Access providers and seekers must ensure their operations comply with the revised standards and definitions provided in Annexure 1. This includes the technical specifications for bandwidth, signalling protocols, and the nature of switchports, ensuring seamless and efficient service delivery.
The legislation also outlines potential consequences for non-compliance with the provisions. Although the specific offences, penalties, or civil/criminal consequences are not detailed in the text provided, it is typical within such legislative frameworks that breaches of declared service standards and expiry dates could result in enforcement actions by the ACCC. These actions may include fines, corrective orders, or other legal remedies to ensure compliance and the protection of consumer interests. The exact penalties would be in accordance with the broader provisions of the Competition and Consumer Act 2010, which may include substantial financial penalties for significant breaches.