Nominated Carrier Declaration - Inmarsat Leasing (Two) Limited

Overview

The Telecommunications Act 1997 was enacted by the Parliament of Australia to establish a regulatory framework for telecommunications services, ensuring that the telecommunications industry operates efficiently, fairly and in the public interest. The Act addresses the need for clear and effective regulation of telecommunications services and infrastructure to foster competition, innovation, and the provision of quality services to consumers. The Telecommunications (Consumer Protection and Service Standards) Act 1999, as referenced, complements the 1997 Act by setting out consumer protection and service standards for telecommunications services, ensuring that consumers receive a minimum level of service and are protected from unfair practices. The document provided is a nominated carrier declaration issued under subsection 81(1) of the Telecommunications Act 1997 by Peter Sutton, a delegate of the Australian Communications and Media Authority (ACMA). The policy objective of this declaration is to allow Inmarsat Leasing (Two) Limited to act as the nominated carrier for designated radiocommunications facilities on the Inmarsat-4 F1 satellite, owned by Inmarsat Global Limited, provided it can meet all associated obligations and that the declaration does not impede the efficient administration of the Telecommunications Act 1997 and related consumer protection legislation. This declaration supports the overarching aim of the Act to regulate telecommunications services effectively while promoting competition and consumer protection.

Scope and Application

The Telecommunications Act 1997 applies to entities that are designated as nominated carriers for specified network units, including those involved in the provision of telecommunications services. The Act's jurisdiction is primarily at the Commonwealth level, governing telecommunications across Australia. This particular subsection 81(1) declaration pertains to the nomination of Inmarsat Leasing (Two) Limited as the nominated carrier for the designated radiocommunications facilities on the Inmarsat-4 F1 satellite, owned by Inmarsat Global Limited. The geographic reach is defined by the location of the satellite in geostationary orbit at 143.5°E, which services Australia. The Act includes provisions that may extend or restrict its application through subordinate instruments, although such extensions are not explicitly detailed in the provided text. The declaration ensures that the nominated carrier can comply with the obligations and standards set forth in the Telecommunications Act 1997 and related regulations, without impeding the efficient administration of the relevant acts.

Key Provisions

The Australian Communications and Media Authority (ACMA) has declared Inmarsat Leasing (Two) Limited as the nominated carrier for specific network units owned by Inmarsat Global Limited, pursuant to section 81(1) of the Telecommunications Act 1997. This declaration is based on the applicant's application dated 22 February 2016 and ensures that the applicant can meet all obligations as the nominated carrier for the designated radiocommunications facilities on the Inmarsat-4 F1 satellite in geostationary orbit at 143.5°E. The declaration also considers that it will not impede the efficient administration of the Telecommunications Act 1997 or the Telecommunications (Consumer Protection and Service Standards) Act 1999. Under this declaration, Inmarsat Leasing (Two) Limited assumes various responsibilities as the nominated carrier. These obligations include ensuring compliance with all statutory requirements imposed on them in their capacity as the nominated carrier. This includes maintaining the designated radiocommunications facilities and ensuring they operate efficiently and effectively, in line with the standards set by the relevant legislation. Furthermore, the nominated carrier must ensure that all services provided through these facilities meet the consumer protection and service standards outlined in the Telecommunications (Consumer Protection and Service Standards) Act 1999. Failure to comply with the obligations and requirements set out in the Telecommunications Act 1997 and related regulations can result in significant consequences. The Act provides for both civil and criminal penalties for non-compliance. Civil penalties may include fines up to certain specified limits, depending on the nature and severity of the breach. In more serious cases, criminal penalties may apply, leading to substantial fines and potential imprisonment for individuals responsible for the breach. The exact penalties depend on the specific provisions of the legislation and the discretion of the courts in interpreting and applying these provisions. It is crucial for the nominated carrier to adhere strictly to all regulatory requirements to avoid such adverse outcomes.