AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Telecommunications Act 1997
Subsection 81(1)
NOMINATED CARRIER DECLARATION
After considering an application dated 15 March 2017 made to the Australian Communications and Media Authority (ACMA) under section 77 of the Telecommunications Act 1997 by the Ausgrid Operator Partnership (the applicant) in relation to network unit or units (the network unit or units) owned by Alpha Distribution Ministerial Holding Corporation, I, Peter Sutton, Section Manager, delegate of the ACMA, acting under subsection 81(1) of the Telecommunications Act 1997, being satisfied that:
(a) if the applicant were declared to be the nominated carrier in relation to the network unit or units, it would be in a position to comply with all of the obligations imposed on the applicant in the applicant’s capacity as the nominated carrier in relation to the network unit or units; and
(b) the making of the declaration will not impede the efficient administration of:
(i) the Telecommunications Act 1997; or
(ii) the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act;
declare that the Ausgrid Operator Partnership is the nominated carrier in relation to all of the fibre cores owned by the Alpha Distribution Ministerial Holding Corporation, being overhead and underground fibre optic cables required for an electricity network operated by the Ausgrid Operator Partnership in New South Wales, including the Hunter Valley, Newcastle, Central Coast and Eastern Sydney.
Dated the 18th day of April 2017.
Signed Peter Sutton,
Delegate of the Australian Communications and Media Authority
Overview
The Telecommunications Act 1997, enacted by the Parliament of Australia, was introduced to address the need for a comprehensive legal framework governing telecommunications services in Australia. This legislation aimed to facilitate the efficient operation of telecommunications networks and services, ensuring they meet consumer protection and service standards. In a declaration under the Act, the Australian Communications and Media Authority (ACMA) identified the Ausgrid Operator Partnership as the nominated carrier for specific fibre optic cables owned by Alpha Distribution Ministerial Holding Corporation, effective from 18 April 2017. This decision was made to ensure the Ausgrid Operator Partnership could meet its obligations as the nominated carrier without impeding the efficient administration of telecommunications legislation and consumer protection standards.
Scope and Application
The Telecommunications Act 1997 applies to the designation of a nominated carrier for specific network units, such as fibre optic cables, within Australia. In this case, the Act applies to the Ausgrid Operator Partnership, which has been declared the nominated carrier for all fibre cores owned by the Alpha Distribution Ministerial Holding Corporation. This declaration pertains to overhead and underground fibre optic cables essential for the electricity network operated by the Ausgrid Operator Partnership in New South Wales, including areas such as the Hunter Valley, Newcastle, Central Coast, and Eastern Sydney. The Act ensures that the nominated carrier is in a position to meet all obligations associated with their role, while also considering the efficient administration of the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999. The jurisdictional reach of this Act is primarily within the Commonwealth of Australia, and it extends to ensuring the smooth operation of telecommunications infrastructure across specified regions.
Key Provisions
The Telecommunications Act 1997, as evidenced in the Gazette (C2017G00436), outlines various provisions that are essential for understanding the regulatory framework governing telecommunications in Australia. Subsection 81(1) of the Act pertains to the declaration of a nominated carrier, which is a critical role assigned to a party in managing specific telecommunications infrastructure. In this particular instance, the Ausgrid Operator Partnership has been declared the nominated carrier for the fibre cores owned by the Alpha Distribution Ministerial Holding Corporation (subsection 81(1)(a)). This declaration ensures that the Ausgrid Operator Partnership is deemed capable of fulfilling all the obligations associated with being a nominated carrier, such as maintaining and operating the fibre optic cables required for the electricity network in New South Wales.
The obligations placed on the Ausgrid Operator Partnership as the nominated carrier include ensuring the efficient and reliable operation of the specified fibre cores, complying with the provisions of the Telecommunications Act 1997, and adhering to the consumer protection and service standards outlined in the Telecommunications (Consumer Protection and Service Standards) Act 1999. Furthermore, the declaration mandates that the Ausgrid Operator Partnership must not impede the efficient administration of the aforementioned acts and regulations. This includes maintaining the integrity and functionality of the telecommunications infrastructure while ensuring that it does not interfere with the broader regulatory objectives.
Non-compliance with the obligations set forth in the Telecommunications Act 1997 or the Telecommunications (Consumer Protection and Service Standards) Act 1999 can lead to significant consequences. The Act stipulates various offences and penalties for breaches, which can include both civil and criminal liabilities. For instance, if the Ausgrid Operator Partnership fails to meet its obligations as the nominated carrier, it may face enforcement actions by the Australian Communications and Media Authority (ACMA). Civil penalties could involve substantial fines, while more severe breaches may result in criminal charges, leading to potential imprisonment for the responsible individuals. The exact penalties are not specified in the provided excerpt, but they are typically detailed in the respective acts and related regulations.