AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Telecommunications Act 1997
Subsection 81(1)
NOMINATED CARRIER DECLARATION
I, Dominic Byrne, delegate of the Australian Communications and Media Authority (ACMA), being satisfied that:
(a) if this declaration were made, Telstra Corporation Limited ACN 051 775 556 (the applicant) 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 units described below; and
(b) the making of this declaration will not impede the efficient administration of:
(i) the Telecommunications Act 1997;
(ii) the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act;
declare that Telstra Corporation Limited ACN 051 775 556, holder of carrier licence number 1, is the nominated carrier in relation to all the line links owned by Yancoal Australia Ltd that connect the Admin Rack at Yancoal’s Yarrabee Mine to the Heavy Workshop Building at the Yarrabee Mine, which form part of the line link between the Telstra exchange at 29 Acacia Street, Blackwater, QLD 4717 and the 4GX base station located at the Heavy Workshop Building at the Yarrabee Mine.
Dated: 13 October 2020
Overview
The Telecommunications Act 1997 was enacted by the Parliament of Australia to regulate telecommunications services and infrastructure within the country, addressing the need for a robust legal framework to manage the rapidly evolving telecommunications industry. This Act aimed to facilitate the efficient administration and oversight of telecommunications services while ensuring consumer protection and service standards. The policy objective of the Act is to provide a comprehensive legislative environment that supports the delivery of reliable and high-quality telecommunications services across Australia.
The Australian Communications and Media Authority (ACMA), acting through a delegate, has the power to designate a nominated carrier for specific telecommunications infrastructure, as seen in the declaration concerning Telstra Corporation Limited. This mechanism ensures that designated carriers like Telstra can effectively manage and maintain the telecommunications networks, thereby contributing to the seamless operation of the national telecommunications infrastructure.
Scope and Application
The Telecommunications Act 1997, under the authority of the Australian Communications and Media Authority (ACMA), governs the nomination of carriers for specific telecommunications infrastructure. The Act applies to entities such as Telstra Corporation Limited, which in this instance, has been declared the nominated carrier for Yancoal Australia Ltd's line links at the Yarrabee Mine. This declaration ensures that Telstra, as the nominated carrier, will be able to fulfil all obligations associated with the network units connecting the Admin Rack at the Yarrabee Mine to the Heavy Workshop Building, and ultimately to the Telstra exchange and 4GX base station. The jurisdictional reach of this declaration is within the Commonwealth of Australia, and it is specifically tailored to the line links connecting the mentioned locations in Queensland. The Act does not specify any exclusions or exemptions for this particular declaration but provides a framework within which the nominated carrier operates, subject to the overarching regulations and standards set forth in the Act and related legislation. The application of the Act can be extended or restricted through subordinate instruments, which may include regulations and codes of practice that further detail the operational requirements and responsibilities of the nominated carrier.
Key Provisions
The key operative sections of the Telecommunications Act 1997 relevant to this declaration include section 81(1) (subsection 81(1)), which authorises the Australian Communications and Media Authority (ACMA) to designate a nominated carrier for specific telecommunications infrastructure. In this instance, Telstra Corporation Limited is declared the nominated carrier for Yancoal Australia Ltd’s line links connecting the Admin Rack at Yarrabee Mine to the Heavy Workshop Building at the same location. This decision is made on the basis that Telstra is capable of meeting all obligations as the nominated carrier and that the declaration will not hinder the efficient administration of the Act or associated regulations.
The obligations imposed on the parties governed by this Act are significant. As the nominated carrier, Telstra Corporation Limited must ensure compliance with all requirements related to the telecommunications services provided over the specified line links. This includes maintaining the quality of service standards as mandated by the Telecommunications (Consumer Protection and Service Standards) Act 1999 and its regulations (subsection 81(1)(a) and (b)(i)). Furthermore, Telstra must operate in a manner that does not impede the administration of the aforementioned acts and regulations, ensuring that its activities align with broader telecommunications policy and objectives.
Failure to comply with the provisions of the Act could result in serious consequences. The Act does not specify particular offences related to this declaration but violations of telecommunications regulations generally can lead to administrative penalties, enforcement actions, or legal proceedings. For example, breaches of service standards might incur penalties under the Telecommunications (Consumer Protection and Service Standards) Act 1999, which can include fines up to $1.5 million for corporations. Additionally, persistent non-compliance could lead to more severe sanctions, including the revocation of carrier licences, further impacting Telstra's ability to operate in the telecommunications sector.
In summary, this declaration under the Telecommunications Act 1997 designates Telstra Corporation Limited as the nominated carrier for specific line links owned by Yancoal Australia Ltd, contingent on their compliance with all applicable obligations and standards. The declaration ensures that Telstra’s operations will not interfere with the efficient administration of relevant legislation, while the potential penalties for non-compliance underscore the importance of adhering to the stipulated requirements.