Nominated Carrier Declaration 186 Granted – Telstra Limited

Overview

The Telecommunications Act 1997, enacted by the Parliament of Australia, was established to provide a comprehensive legal framework for the regulation and administration of telecommunications services and infrastructure in Australia. This Act aims to ensure the efficient and effective delivery of telecommunications services, while also protecting consumers and promoting competition in the telecommunications industry. The Act was introduced to address the need for a unified and modernised legislative approach to the rapidly evolving telecommunications sector, ensuring that the industry could meet the demands of a digital economy. The policy objective of the Act is to facilitate innovation, maintain high standards of service, and provide a regulatory environment that supports the growth and development of telecommunications services in Australia. The declaration of Telstra Limited as the nominated carrier under this Act highlights the ongoing commitment to these objectives by recognising the critical role that Telstra plays in providing essential telecommunications infrastructure and services.

Scope and Application

The Telecommunications Act 1997, as applied through the Gazetted declaration by a delegate of the Australian Communications and Media Authority (ACMA), grants Telstra Limited, identified by its Australian Company Number (ACN) 086 174 781 and carrier licence number 582, the status of a nominated carrier for specific telecommunications infrastructure. This declaration applies to Telstra Limited's role in managing multiple line links that serve as cores of fibre optic cables owned by QGC Pty Ltd (ACN 089 642 553) in the Surat Basin, Southern Queensland. The line links in question connect Telstra Limited’s 4G Small Cell at the Charlie Camp site and the RT Base Station at Woleebee Creek, traversing several intermediary communication rooms as specified by geographic coordinates in the GDA94 geodetic system. The Act's application here ensures that Telstra Limited adheres to all regulatory obligations as the nominated carrier, which includes compliance with the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999. This declaration is made under the authority of the ACMA to facilitate efficient administration of the relevant legislative framework without impeding the effective operation of these telecommunications services.

Key Provisions

The declaration made under section 186 of the Telecommunications Act 1997 (section 186) establishes Telstra Limited as the nominated carrier for the fibre optic cable links owned by QGC Pty Ltd in the Surat Basin, Southern Queensland. This declaration is predicated on the satisfaction of two main conditions. First, the delegate of the Australian Communications and Media Authority (ACMA), Dominic Byrne, is convinced that Telstra Limited can fulfil all obligations as the nominated carrier for these specific network units (subsection 81(1)(a)). Second, it is determined that this designation will not hinder the efficient administration of the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999 (subsection 81(1)(b)). The specific network units in question are described as connecting Telstra Limited's 4G Small Cell at the Charlie Camp site and Telstra Limited's RT Base Station at Woleebee Creek, via several intermediary points. Telstra Limited, as the nominated carrier, is obliged to ensure that all network units comply with the standards and requirements outlined in the Telecommunications Act 1997. This includes maintaining the infrastructure and ensuring that the network units function efficiently and reliably. Telstra Limited must also ensure that any services provided through these network units meet the consumer protection and service standards set out in the Telecommunications (Consumer Protection and Service Standards) Act 1999 and any regulations under that Act. Additionally, Telstra Limited is required to keep detailed records of its operations and infrastructure to demonstrate compliance with these obligations. Failure to meet the obligations set out in the Telecommunications Act 1997 or the Telecommunications (Consumer Protection and Service Standards) Act 1999 can result in significant consequences. Under the Telecommunications Act, breaches of carrier obligations can result in civil penalties, including fines of up to $1.1 million for corporations. In severe cases, the ACMA can seek injunctions or other court orders to compel compliance or to rectify breaches. Additionally, ongoing non-compliance can lead to the suspension or revocation of Telstra Limited’s carrier licence, which would severely impact its ability to operate as a telecommunications carrier in Australia.