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 the Line Sharing Service (LSS) 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 LSS declaration. This variation commences on 1 August 2014.
3. The LSS 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 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.
Overview
The Competition and Consumer Act 2010, enacted by the Australian Parliament, aims to protect consumers and promote competition in the Australian market. This Act provides a comprehensive framework for regulating anti-competitive behaviour, unfair trading practices, and ensuring fair trading practices. In accordance with section 152ALA(4) and section 152AO of the Act, the Australian Competition and Consumer Commission (ACCC) has extended the expiry date for the Line Sharing Service (LSS) declaration from 31 July 2014 to 31 July 2019. Additionally, the ACCC has varied the LSS declaration, effective from 1 August 2014. The purpose of these actions is to address potential gaps in the service declaration and ensure its continued effectiveness in the telecommunications sector.
Scope and Application
The Competition and Consumer Act 2010 applies broadly to a range of entities and conduct within Australia, encompassing both businesses and consumers, as well as various industries. This legislation is enacted at the Commonwealth level and aims to promote fair trading and competition, providing consumer protections and regulating anti-competitive practices. The Act extends its reach to ensure that entities do not engage in misleading or deceptive conduct, which includes false or misleading representations about services and products. The Act also applies to specific services such as the Line Sharing Service (LSS), which is detailed in the accompanying instrument, affecting the telecommunications industry. The LSS declaration, which has been extended and varied by the Australian Competition and Consumer Commission (ACCC), specifies the parameters and conditions under which this service can be offered. The extension and variation of the LSS declaration pertain to the use of non-voiceband frequency spectrum of unconditioned communications wire, ensuring compliance with the Act's provisions. Any exclusions, exemptions, or thresholds within the Act are determined by specific sections and subordinate instruments, which may provide further clarification and exceptions based on particular circumstances or categories of services and entities.
Key Provisions
The main provisions of the instrument, under the Competition and Consumer Act 2010 (Act), involve the extension and variation of the Line Sharing Service (LSS) declaration. Under section 152ALA(4) of the Act, the Australian Competition and Consumer Commission (ACCC) has extended the expiry date of the LSS declaration from 31 July 2014 to 31 July 2019. This means that the rules governing the use of the non-voiceband frequency spectrum of unconditioned communications wire for the LSS will remain in effect for an additional five years. The LSS is defined as the use of the non-voiceband frequency spectrum of unconditioned communications wire, such as copper or aluminium based wire, between the boundary of a telecommunications network at an end-user’s premises and a potential point of interconnection on the end-user side of the customer access module.
The ACCC is responsible for ensuring that the LSS declaration complies with the requirements of the Act and any relevant regulations. The ACCC has the authority to vary the declaration as necessary to ensure compliance. The variation of the LSS declaration, as outlined in section 152AO of the Act, commenced on 1 August 2014. This means that any changes to the rules governing the use of the LSS must be implemented by this date. The specific details of the variation are outlined in Annexure 1 to the instrument.
There are no specific obligations or requirements outlined in the instrument for the parties or entities it governs. However, the ACCC is responsible for ensuring that the LSS declaration complies with the requirements of the Act and any relevant regulations. The ACCC has the authority to vary the declaration as necessary to ensure compliance. The LSS declaration must be varied in accordance with the requirements of the Act, and any changes must be implemented by the specified commencement date.
There are no specific offences, penalties, or civil/criminal consequences outlined in the instrument for breach. However, any breach of the LSS declaration or non-compliance with the requirements of the Act may result in enforcement action by the ACCC. The ACCC has the authority to take legal action against parties or entities that breach the requirements of the Act or the LSS declaration. The maximum penalties for breaches of the Act or the LSS declaration will depend on the specific circumstances of the breach and the relevant provisions of the Act.