Extension of the declaration expiry date under section s152ALA(4) – Wholesale ADSL – 2024

Overview

The Competition and Consumer Act 2010, enacted by the Commonwealth Parliament, aims to promote fair competition and protect consumers within Australia. The Act includes provisions to ensure that essential services, such as telecommunications, are accessible and competitively priced. In a move to address the evolving landscape of telecommunications infrastructure and services, the Australian Competition and Consumer Commission (ACCC) has extended the expiry date for the wholesale asymmetric digital subscriber line (ADSL) service declaration under section 152ALA(4) of the Act. This extension, from 30 June 2024 to 30 June 2029, aims to provide continued clarity and regulation regarding the wholesale ADSL service, which is crucial for maintaining reliable and efficient internet services across the country.

Scope and Application

The Competition and Consumer Act 2010, as amended by this instrument, extends the expiry date for the declaration concerning the wholesale asymmetric digital subscriber line service (wholesale ADSL service) from 30 June 2024 to 30 June 2029. This Act applies to telecommunications entities that supply this specific internet-grade service over ADSL technology, detailing its provision from the end-user network boundary to the nearest upstream exchange or RIM or CMUX, using a static Layer 2 tunnelling protocol. The extension is aimed at ensuring that these entities have sufficient time to adapt to the regulatory requirements and technological changes within the industry. The Act applies nationally, extending its reach across all states and territories in Australia, ensuring uniformity in the regulation of telecommunications services. The Act does not specify any exclusions or exemptions for this extension, meaning that all entities supplying the wholesale ADSL service are subject to the extended declaration period. The application and specifics of this service are further defined in Annexure 1, which provides a detailed description of the service and relevant definitions.

Key Provisions

The main operative sections of the Competition and Consumer Act 2010, as extended by the instrument C2024G00213, pertain to the declaration of the expiry date for the wholesale asymmetric digital subscriber line (ADSL) service. Section 152ALA(4) of the Act provides the authority for the Australian Competition and Consumer Commission (ACCC) to extend the expiry date of the wholesale ADSL service declaration. Pursuant to this section, the ACCC has extended the expiry date for this service from 30 June 2024 to 30 June 2029. The instrument also describes the wholesale ADSL service in detail, specifying its characteristics and the technology it employs, as outlined in Annexure 1. The obligations and requirements imposed by the Act and this extension instrument on the parties involved include ensuring that the wholesale ADSL service adheres to the specified technical parameters and standards. This includes the use of ADSL technology over a twisted metallic pair, the implementation of a static Layer 2 tunnelling protocol (L2TP) over a transport layer, and the connection between the end-user network boundary and the nearest upstream exchange or RIM or CMUX. Additionally, the point of interconnection must comply with the provisions outlined in section 152AR(5) of the Act, and be situated in the same state or territory as the access provider's exchange service area. There are no specific offences, penalties, or civil/criminal consequences outlined within the text of this instrument for breaching the provisions of the wholesale ADSL service declaration. However, any breach of the Competition and Consumer Act 2010 or the Telecommunications Act 1997, which govern the terms of service and operation, could potentially lead to penalties as stipulated in those respective Acts. The maximum penalties for breaches of the Competition and Consumer Act 2010 can vary depending on the nature and severity of the breach, and may include substantial fines and, in some cases, imprisonment for individuals. It is essential for parties to comply with the Act to avoid these potential consequences.