Nominated Carrier Declaration – Queensland Capacity Network Pty Ltd

Overview

The Telecommunications Act 1997 was enacted by the Australian Parliament to provide a regulatory framework governing the telecommunications industry in Australia, addressing issues such as service provision, consumer protection, and competition within the sector. This legislation aims to facilitate efficient and effective telecommunications services across the country, ensuring that carriers meet certain standards and obligations. One of the key mechanisms within this Act is the designation of nominated carriers for specific network units, ensuring that particular telecommunications infrastructure is managed by entities capable of fulfilling the associated responsibilities. The policy objective is to enhance the reliability and quality of telecommunications services while promoting competition and innovation in the industry. On 17 September 2024, Dominic Byrne, a delegate of the Australian Communications and Media Authority (ACMA), declared Queensland Capacity Network Pty Ltd as the nominated carrier for multiple line links consisting of 12 cores of optical fibre owned by the Richmond Shire Council in Richmond, Queensland. This declaration recognises that the applicant is well-positioned to comply with all obligations as the nominated carrier for these network units, and that such a designation will not hinder the efficient administration of the Telecommunications Act 1997, the Telecommunications (Consumer Protection and Service Standards) Act 1999, and related regulations. This decision supports the overarching goal of maintaining high standards in telecommunications infrastructure and service delivery within the specified region.

Scope and Application

The Telecommunications Act 1997, under Subsection 81(1), governs the designation of a nominated carrier for specific network units within Australia. In this instance, Queensland Capacity Network Pty Ltd, with an Australian Company Number (ACN) of 633 081 517 and a carrier licence number 514, has been declared as the nominated carrier for multiple line links consisting of 12 cores of optical fibre. This network is owned by the Richmond Shire Council, Australian Business Number (ABN) 47 039 843 844, and is located within the Richmond Shire, Queensland, postcode 4822. The declaration by Dominic Byrne, acting as a delegate of the Australian Communications and Media Authority (ACMA), ensures that the nominated carrier can meet all obligations under the Act, which includes compliance with the Telecommunications (Consumer Protection and Service Standards) Act 1999 and related regulations. The declaration also confirms that this appointment will not hinder the efficient administration of the telecommunications laws. This legislation applies specifically to the identified network units within the Richmond Shire and does not extend to other areas unless further declarations are made.

Key Provisions

The main operative sections of the declaration, as outlined in the document, involve the appointment of Queensland Capacity Network Pty Ltd as the nominated carrier for specific telecommunications infrastructure (subsection 81(1)). Specifically, the declaration appoints Queensland Capacity Network Pty Ltd, which holds carrier licence number 514, as the nominated carrier for multiple line links consisting of 12 cores of optical fibre owned by Richmond Shire Council. These links are situated within the Richmond Shire, Queensland, and are identified by barcodes 1-12. This appointment is subject to the condition that the company is in a position to comply with all obligations imposed on it and that the declaration does not impede the efficient administration of the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999. As the nominated carrier, Queensland Capacity Network Pty Ltd will be required to fulfil several obligations under the legislation. These include ensuring that the network units comply with all relevant standards and regulations, maintaining the infrastructure in a fit state for service, and providing the necessary telecommunications services as specified in their licence. Furthermore, the company must adhere to consumer protection and service standards, ensuring that services provided are of a high quality and that any issues are promptly addressed. Failure to meet these obligations could result in regulatory action or penalties. In terms of potential breaches and consequences, the declaration does not specify detailed penalties within the text provided. However, under the broader framework of the Telecommunications Act 1997 and related regulations, breaches of the conditions under which the nomination was made can result in significant consequences. Such consequences may include fines, the revocation of the carrier licence, or other administrative actions taken by the Australian Communications and Media Authority (ACMA). The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the legislation applicable to the situation.