Nominated Carrier Declaration No.200 – Optus Satellite Network Pty Ltd

Overview

The Telecommunications Act 1997, enacted by the Parliament of Australia, was introduced to regulate the telecommunications industry in Australia, ensuring that services are provided efficiently and reliably. The Act addresses gaps in the telecommunications sector by establishing a framework for licensing, service standards, and consumer protection. The policy objective of the Act is to foster a competitive and innovative telecommunications market while safeguarding consumer interests. Recently, the Australian Communications and Media Authority (ACMA) issued a Nominated Carrier Declaration, identifying Optus Satellite Network Pty Ltd as the nominated carrier for the satellite-based facilities of APT Satellite Company Limited on the APSTAR-5C. This declaration signifies that Optus Satellite Network Pty Ltd is recognised as compliant with its obligations as a nominated carrier under the Act, thereby facilitating the efficient administration of telecommunications services in Australia.

Scope and Application

The Telecommunications Act 1997, as evidenced by Subsection 81(1), applies to entities like Optus Satellite Network Pty Ltd, which is designated as the nominated carrier for specific satellite-based facilities. The Act's application extends to the entities' compliance with obligations as carriers in their capacity to manage the network units, ensuring adherence to both the Telecommunications Act and the Telecommunications (Consumer Protection and Service Standards) Act 1999. The geographic scope of this application is national, as it concerns the administration and operation of telecommunications within Australia, overseen by the Australian Communications and Media Authority (ACMA). This declaration specifically names Optus Satellite Network Pty Ltd, with ACN 091 789 945 and carrier licence number 362, in relation to the satellite-based facilities of APT Satellite Company Limited, highlighting the precise network unit involved, APT Satellite APSTAR-5C. The exclusion of other entities from this designation implies that only the named carrier is subject to the specified obligations under the Act, with the ACMA retaining the authority to impose further conditions or exemptions through subordinate instruments if necessary.

Key Provisions

The primary operative sections of the declaration, particularly subsection 81(1) of the Telecommunications Act 1997, designate Optus Satellite Network Pty Ltd as the nominated carrier for the satellite-based facilities owned by APT Satellite Company Limited. This declaration is contingent upon two conditions: firstly, that Optus Satellite Network Pty Ltd is deemed capable of fulfilling all obligations associated with its role as the nominated carrier for the specified network unit, and secondly, that the declaration does not hinder the efficient administration of the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999, along with related regulations. In assuming the role of the nominated carrier, Optus Satellite Network Pty Ltd is bound by certain obligations as stipulated by the legislation. These include, but are not limited to, ensuring the provision of telecommunications services in accordance with the relevant statutory requirements and maintaining the infrastructure and operational standards as prescribed by the ACMA. The company must also ensure compliance with any service standards and consumer protection measures mandated under the relevant Acts. Failure to comply with the obligations and requirements set forth by the legislation could result in various consequences. The declaration itself does not specify particular offences or penalties within its text, but generally, breaches of the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999 could lead to administrative actions, fines, or other sanctions as determined by the ACMA or the courts. For instance, serious breaches may result in penalties that can extend to substantial fines, depending on the severity and impact of the non-compliance. Additionally, ongoing failure to meet the obligations might result in the revocation of the carrier licence or other enforcement actions deemed necessary by the ACMA.