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 competition and consumer protection, ensuring fair trading practices and prohibiting anti-competitive behaviour. This Act, administered by the Australian Competition and Consumer Commission (ACCC), aims to protect consumers and promote competitive markets. One of its functions is to regulate telecommunications services, including the management of declarations related to specific services to ensure they meet consumer needs and market conditions. In accordance with the Act, the ACCC has extended the expiry date of the Domestic PSTN Terminating Service declaration to 31 July 2019, as well as varying its name to the Fixed Terminating Access Service (FTAS) declaration, effective from 1 August 2014. This amendment was made to better reflect the evolving nature of telecommunications services and to ensure continued compliance with the regulatory framework established by the Act.
Scope and Application
The Competition and Consumer Act 2010 (Cth) is a Commonwealth Act that applies to all persons and entities within Australia, including corporations, partnerships, and individuals, as well as to their conduct and transactions. The Act aims to promote fair trading and competition, protect consumers, and regulate anti-competitive behaviour. The geographic reach of the Act is national, extending to all parts of Australia, and it includes provisions for extraterritorial application in certain circumstances. The Act operates in conjunction with subordinate instruments, which may extend or restrict its application. In this context, the Australian Competition and Consumer Commission (ACCC) has extended the expiry date of the Domestic PSTN Terminating Service declaration under section 152ALA(4) of the Act, and varied the declaration to be known as the Fixed Terminating Access Service (FTAS) declaration under section 152AO of the Act. The FTAS declaration applies to the carriage of telephone calls, including voice and data over the voice band, and specifies the technical parameters and definitions for the service. This instrument is an example of how the Act can be applied and extended through subordinate legislation.
Key Provisions
The Competition and Consumer Act 2010 (Act) includes sections 152ALA(4) and 152AO which are pertinent to the current legislative instrument. Under section 152ALA(4), the Australian Competition and Consumer Commission (ACCC) has extended the expiry date for the Domestic PSTN Terminating Service declaration to 31 July 2019, as noted in the instrument. The previous expiry date had been set for 31 July 2014, but this has been adjusted to allow for continued regulation and oversight of the service until the new date. Section 152AO of the Act permits the ACCC to vary the declaration, and in this case, the Domestic PSTN Terminating Service declaration is now known as the Fixed Terminating Access Service (FTAS) declaration. This variation took effect from 1 August 2014, as specified in the instrument.
The obligations imposed by this legislation on the parties and entities it governs include adherence to the updated service description and definition provided in the Annexure 1 of the instrument. The FTAS, as described, involves the carriage of telephone calls for voice and data over the voice band from points of interconnection (POI) to end-customer assigned numbers within the Australian Numbering Plan. The service is provided with a standard bandwidth of 3.1kHz and uses CCS#7 signalling, in line with the NIIF/ACIF Interconnection-ISUP specification unless otherwise agreed. The POIs will deliver calls at a rate of 2.048Mbit/sec, in accordance with ITU Recommendations G.703, G.704, and G.732. Any entity providing this service must ensure their operations comply with these technical specifications and service descriptions.
For breaches of the provisions under the Competition and Consumer Act 2010, there are potential civil and criminal consequences. While the specific penalties are not detailed in the instrument, the Act generally allows for significant fines for corporations and individuals found to be in breach of its provisions. The maximum penalties can include substantial monetary fines and, in some cases, imprisonment for individuals found guilty of serious breaches. The exact penalties depend on the nature and severity of the breach, with the Act providing for escalating penalties for repeated or deliberate infringements. The ACCC is responsible for enforcing the Act and has the authority to take legal action against entities or individuals that fail to comply with the legislative requirements.