Nominated Carrier Declaration - Field Solutions Group Pty Ltd (1 January 2017)

Overview

The Telecommunications Act 1997, enacted by the Parliament of Australia, addresses the regulation of telecommunications services within the country, aiming to ensure efficient and reliable communication services. This Act was introduced to fill the legislative gap in providing a comprehensive framework for the telecommunications industry, encompassing aspects such as licensing, service standards, and consumer protection. The policy objective of the Act is to foster a competitive telecommunications market while safeguarding the interests of consumers and ensuring that service providers meet certain standards. On 16 March 2017, Peter Sutton, a delegate of the Australian Communications and Media Authority (ACMA), declared Field Solutions Group Pty Limited as the nominated carrier for all network units owned by Wi-Sky Queensland Pty Limited, which supply internet access in Queensland. This declaration was made under the authority of the Telecommunications Act 1997, after considering an application from Field Solutions Group. The decision to declare Field Solutions Group as the nominated carrier was based on the assessment that such a declaration would enable the applicant to comply with all obligations as a nominated carrier and would not hinder the efficient administration of the relevant acts and regulations.

Scope and Application

The Telecommunications Act 1997 applies to entities such as Field Solutions Group Pty Limited, which have applied to the Australian Communications and Media Authority (ACMA) to be declared a nominated carrier for specific network units. The Act concerns entities involved in telecommunications services and infrastructure, with the authority of ACMA extending to approving applications for nominated carrier status under certain conditions. This Act operates within the jurisdiction of the Commonwealth, impacting telecommunications providers and infrastructure owners across Australia. The declared status of Field Solutions Group Pty Limited as the nominated carrier pertains to network units owned by Wi-Sky Queensland Pty Limited, specifically those used for supplying internet access within the state of Queensland. The declaration ensures that the nominated carrier is capable of meeting all obligations associated with their role while also considering the efficient administration of related acts and regulations. The Act does not explicitly state exclusions or thresholds, but its application is contingent on compliance and non-impediment to the efficient administration of specified acts and regulations.

Key Provisions

The Telecommunications Act 1997, in particular subsection 81(1), mandates that the Australian Communications and Media Authority (ACMA) may declare a company as the nominated carrier for a specific network unit if the applicant meets certain criteria. In this case, Field Solutions Group Pty Limited has been declared as the nominated carrier for all network units owned by Wi-Sky Queensland Pty Limited used to supply internet access in Queensland (subsection 81(1)). This declaration hinges on two main conditions: first, the applicant must be capable of meeting all obligations as the nominated carrier (condition (a)), and second, the declaration must not hinder the efficient administration of the Telecommunications Act 1997 or the Telecommunications (Consumer Protection and Service Standards) Act 1999 and its associated regulations (condition (b)(i) and (ii)). Being designated as a nominated carrier under the Telecommunications Act 1997 imposes specific obligations on Field Solutions Group Pty Limited. These obligations include ensuring compliance with all statutory requirements concerning the operation and maintenance of the network units, providing necessary consumer protection, and adhering to any service standards outlined in the Telecommunications (Consumer Protection and Service Standards) Act 1999. Additionally, the nominated carrier must facilitate efficient and reliable communication services, thereby upholding the standards set forth by ACMA. Failure to comply with the obligations imposed by the Telecommunications Act 1997 or the Telecommunications (Consumer Protection and Service Standards) Act 1999 can result in serious consequences. Breaches of these Acts can lead to various penalties, including fines and potential legal action. For instance, under section 335 of the Telecommunications Act 1997, individuals or entities may face substantial penalties for non-compliance, which can escalate depending on the severity and frequency of the breach. In some cases, ongoing non-compliance or significant breaches might also lead to criminal charges, thereby resulting in further civil or criminal consequences. The precise penalties are not detailed in the excerpt but are stipulated in the relevant sections of the Acts.