Nominated Carrier Declaration 176 Granted – Torus Networks Pty Ltd

Overview

The Telecommunications Act 1997 was enacted to establish a framework for regulating the telecommunications industry in Australia, addressing issues related to the provision of telecommunications services and the operation of telecommunications networks. This legislation was introduced by the Australian Parliament to ensure that telecommunications services are delivered efficiently and effectively, while also protecting consumers and maintaining the integrity of the telecommunications infrastructure. The policy objective behind the Act is to foster competition, innovation, and investment in the telecommunications sector, ultimately aiming to benefit consumers through improved services and lower costs. This particular gazette, C2022G01014, concerns the nomination of Torus Networks Pty Ltd as a carrier for specific network units, in this case, 137 km of fibre optic cable. Dominic Byrne, a delegate of the Australian Communications and Media Authority (ACMA), has determined that Torus Networks Pty Ltd is capable of fulfilling the obligations of a nominated carrier and that this nomination will not hinder the efficient administration of the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999. The declaration, dated 18 October 2022, identifies the specific fibre optic cable units involved and the locations they connect, ensuring that the nominated carrier can operate effectively within the established regulatory framework.

Scope and Application

The Telecommunications Act 1997 applies to various entities and persons involved in the provision of telecommunications services in Australia. It provides the legal framework governing the telecommunications industry, including the obligations of licence holders and nominated carriers. The Act applies to telecommunications carriers, network service providers, and consumers within the Commonwealth of Australia. The Act's reach extends to all telecommunications services and infrastructure, such as cable networks, wireless networks, and satellite services, that operate within Australia's jurisdiction. Certain exclusions and exemptions may apply, such as to services provided by the government for national security or defence purposes. The scope of the Act can be extended or restricted through subordinate instruments, such as regulations and determinations, issued by the Australian Communications and Media Authority (ACMA) under the authority of the Act. In the specific case of the declaration made under Subsection 81(1) of the Act, Torus Networks Pty Ltd has been granted the status of a nominated carrier for the 137 km long fibre optic cable infrastructure owned by TFN Helios Pty Ltd, connecting Maroochydore and Nundah Brisbane. This declaration ensures that Torus Networks Pty Ltd complies with all obligations as a nominated carrier, facilitating efficient administration of the relevant telecommunications laws and consumer protection standards. This declaration underscores the ACMA's role in overseeing and regulating telecommunications services to ensure they meet the standards and requirements set forth by the Act.

Key Provisions

The Australian Communications and Media Authority (ACMA) has granted a nomination declaration to Torus Networks Pty Ltd under Section 176 of the Telecommunications Act 1997 (subsection 81(1)). This declaration establishes Torus Networks as the nominated carrier for a specified section of fibre optic cable owned by TFN Helios Pty Ltd. The declaration outlines that Torus Networks will be responsible for managing the 137 km long fibre optic cables, beginning at the Sunshine Coast Cable Landing Station in Maroochydore and ending at a Telstra manhole in Nundah, Brisbane. The obligations imposed on Torus Networks, as stipulated in this declaration, involve ensuring compliance with all requirements of the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999. Torus Networks must maintain operational efficiency and service standards, ensuring that the telecommunications infrastructure it manages meets the prescribed regulatory standards. This includes adherence to any relevant regulations under the aforementioned Acts and the efficient administration of telecommunications services. The declaration also places a responsibility on Torus Networks to ensure that their operations do not impede the efficient administration of telecommunications laws and regulations. This includes maintaining the integrity and functionality of the fibre optic network, ensuring that the infrastructure is available for other telecommunications providers, and facilitating smooth communication services for consumers. Any actions or omissions that could negatively impact the efficient administration of telecommunications services could result in the ACMA revisiting or revoking the nomination. Should Torus Networks fail to meet the obligations outlined in the declaration, they may face severe consequences. The declaration implies that breaches could lead to enforcement actions by the ACMA. Under the Telecommunications Act 1997, penalties for non-compliance can include substantial fines, operational restrictions, or even the revocation of the carrier licence. The exact penalties depend on the severity and nature of the breach, but the Act allows for fines that can reach up to $1.1 million for corporations, reflecting the seriousness of ensuring compliance with telecommunications regulations.