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 152AL(4) of the Competition and Consumer Act 2010 (Act) the Australian Competition and Consumer Commission (ACCC) extends the expiry date for the unconditioned local loop service (ULLS) 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 ULLS declaration. This variation commences on 1 August 2014.
3. The ULLS 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 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 Access Switch;
public switched telephone network is a telephone network accessible by the public providing switching and transmission facilities utilising analogue and digital technologies.
Overview
The Competition and Consumer Act 2010, enacted by the Australian Parliament, was introduced to address issues surrounding fair competition and consumer protection in the Australian marketplace. One of the key objectives of this legislation is to ensure that businesses do not engage in anti-competitive practices or misleading conduct that could harm consumers or other businesses. Pursuant to this Act, the Australian Competition and Consumer Commission (ACCC) has the authority to make declarations and variations to ensure compliance with the Act's provisions. In this context, the ACCC has extended the expiry date for the unconditioned local loop service (ULLS) declaration to 31 July 2019, from its previous date of 31 July 2014. Additionally, the ACCC has varied the ULLS declaration in accordance with the Act to reflect changes necessary for effective regulation and consumer protection.
Scope and Application
The Competition and Consumer Act 2010, as amended by this instrument, pertains to the regulation of the unconditioned local loop service (ULLS) within the telecommunications sector. The Act applies to entities that provide or engage in telecommunications services, including the use of unconditioned communications wire between specified points on a telecommunications network. The geographic reach of the Act is national, applying throughout Australia as a Commonwealth legislation. The instrument extends the expiry date of the ULLS declaration from 31 July 2014 to 31 July 2019 and varies the declaration in accordance with section 152AO. The instrument does not explicitly mention any exclusions, exemptions, or thresholds, but it does specify the detailed description and definition of terms related to the ULLS. The application and scope of the Act can be further extended or restricted through subordinate instruments, as permitted by the provisions of the Act itself.
Key Provisions
The Competition and Consumer Act 2010 (the Act) has been amended by the ACCC to extend the expiry date of the unconditioned local loop service (ULLS) declaration from 31 July 2014 to 31 July 2019 under section 152AL(4) (1). Additionally, the ACCC has varied the ULLS declaration in accordance with section 152AO, with the variation commencing on 1 August 2014 (2). The varied declaration and service description can be found in Annexure 1 of the instrument (3).
The obligations imposed by the Act on the parties or entities it governs include adherence to the extended expiry date of the ULLS declaration and compliance with the varied terms of the declaration as detailed in Annexure 1. The ULLS declaration, which describes 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 on the end-user side of the customer access module, is subject to these modifications (4). Additionally, any definitions used within the declaration that are also defined in the Act or the Telecommunications Act 1997 retain their meanings as specified in those Acts (5).
There are no explicit offences, penalties, or consequences for breach stated in the instrument itself. However, any breach of the Competition and Consumer Act 2010 or the Telecommunications Act 1997, of which the ULLS declaration is a part, could potentially result in civil or criminal liability under the relevant sections of those Acts. The maximum penalties for breaches of the Competition and Consumer Act 2010 can include substantial fines, both for corporations and individuals, and in some cases, imprisonment. The specific penalties depend on the nature and severity of the breach, and are detailed in the relevant sections of the Act.