Competition and Consumer Act 2010
Extension of declaration expiry date under section 152ALA(4)
- Pursuant to section 152ALA(4) of the Competition and Consumer Act 2010 the Australian Competition and Consumer Commission extends the expiry date for the wholesale asymmetric digital subscriber line service (Wholesale ADSL Service) declaration to 13 February 2022.
Note: the previous expiry date was 13 February 2017.
2. The Wholesale ADSL Service is described in Annexure 1 to this instrument.
Dated this 2nd day of February 2017
Rodney Graham Sims
Chairman
Australian Competition and Consumer Commission
Annexure 1: Service Description for the Wholesale ADSL Service
The wholesale asymmetric digital subscriber line service (wholesale ADSL service) is an internet-grade, best efforts point to point service for the carriage of communications in digital form between a point of interconnection and an end-user network boundary that:
a) is supplied by means of Asymmetric Digital Subscriber Line (ADSL) technology over a twisted metallic pair that runs from the end-user network boundary to the nearest upstream exchange or RIM or CMUX; and
b) uses a static Layer 2 tunnelling protocol (L2TP) over a transport layer to aggregate communications to the point of interconnection.
Definitions
Where words or phrases used in this declaration are defined in the Competition and Consumer Act 2010 or the Telecommunications Act 1997, they have the meaning given in the relevant Act.
In this Annexure:
Asymmetric Digital Subscriber Line technology or ADSL means the protocols, recommendations and standards set out in the ITU-TG.992 Recommendations.
Layer 2 has the same meaning as in the Open System Interconnection (OSI) Reference Model for data exchange.
a point of interconnection means an interface that is:
(a) a physical point of interconnection which allows the interconnection of facilities in accordance with subsection 152AR(5) of the Competition and Consumer Act 2010; and
(b) located in the same state/territory that the access provider associates with the exchange service area in which the end-user network boundary is located.
an end-user network boundary means the boundary point of the telecommunications network that is:
(i) associated with the end-user premise; and
(ii) ascertained in accordance with section 22 of the Telecommunications Act.
Overview
The Competition and Consumer Act 2010 was enacted by the Parliament of Australia to provide a comprehensive framework for consumer protection and competition regulation. One of its key provisions is the ability for the Australian Competition and Consumer Commission (ACCC) to declare a telecommunications service as a designated service, which mandates specific obligations for service providers. This legislative tool was introduced to address the problem of ensuring fair access to essential telecommunications services, thereby promoting competition and protecting consumer interests. The Act empowers the ACCC to extend the expiry date of such declarations to maintain regulatory oversight where necessary, as evidenced by the recent extension of the expiry date for the wholesale asymmetric digital subscriber line service (Wholesale ADSL Service) to 13 February 2022. This extension aims to provide continued regulatory clarity and stability in the telecommunications market, ensuring that essential services remain accessible and competitively provided.
Scope and Application
The Competition and Consumer Act 2010 applies to entities and persons engaging in trade or commerce within Australia, and to conduct or transactions that have an interstate or international significance. The Act extends its reach to various industries, ensuring fair competition and protecting consumers from anti-competitive behaviour and misleading or deceptive conduct. The geographic reach of the Act is national, with provisions that apply across all states and territories of Australia. Specific exclusions and exemptions are detailed within the Act and its regulations, often tailored to particular industries or types of conduct. The Act also allows for the extension of certain declarations through subordinate instruments, such as the one extending the expiry date for the Wholesale Asymmetric Digital Subscriber Line (Wholesale ADSL) service declaration to 13 February 2022, which was initially set to expire on 13 February 2017. This extension ensures continued oversight and regulation of the Wholesale ADSL service, which is an internet-grade, best efforts point-to-point service provided using ADSL technology over a twisted metallic pair, employing a static Layer 2 tunnelling protocol over a transport layer to aggregate communications to the point of interconnection.
Key Provisions
The main operative sections of this instrument extend the expiry date for the wholesale asymmetric digital subscriber line service (Wholesale ADSL Service) declaration under section 152ALA(4) of the Competition and Consumer Act 2010. The expiry date for the Wholesale ADSL Service declaration is extended to 13 February 2022, as opposed to the previous expiry date of 13 February 2017. This extension allows for a continued period during which the service description and associated provisions apply.
The obligations and requirements imposed by this Act primarily pertain to the service description for the Wholesale ADSL Service, as outlined in Annexure 1. The service is an internet-grade, best efforts point-to-point service for the carriage of communications in digital form between a point of interconnection and an end-user network boundary. The service is supplied by means of Asymmetric Digital Subscriber Line (ADSL) technology over a twisted metallic pair, running from the end-user network boundary to the nearest upstream exchange or RIM or CMUX. Additionally, the service uses a static Layer 2 tunnelling protocol (L2TP) over a transport layer to aggregate communications to the point of interconnection. The definition of the Wholesale ADSL Service and its associated terms are provided in Annexure 1.
Failure to comply with the provisions of this Act may result in various civil and criminal consequences, including the imposition of penalties. While the specific offences, penalties, or consequences for breach are not detailed in this particular instrument, the Competition and Consumer Act 2010 and the Telecommunications Act 1997 may contain relevant information on these matters. In general, penalties for breaches of these Acts can include substantial fines and potential imprisonment for criminal offences. It is essential to consult the relevant Acts for specific details on penalties and consequences for non-compliance.