Nominated carrier declaration - Telstra Corporation Limited

Overview

The Telecommunications Act 1997, enacted by the Parliament of Australia, was introduced to regulate and facilitate the telecommunications industry in Australia. This Act, amongst other objectives, aims to ensure the provision of telecommunications services in a manner that is efficient, effective, and in the public interest. The 1997 Act provides a comprehensive framework for the regulation of telecommunications services and infrastructure, including the role of the Australian Communications and Media Authority (ACMA) in licensing and regulating the industry. The policy objective of the Act is to promote competition, innovation, and consumer protection within the telecommunications sector, while ensuring universal access to telecommunications services. This specific declaration, issued by Peter Sutton, a delegate of the ACMA, under subsection 81(1) of the Telecommunications Act 1997, concerns Telstra Corporation Limited being declared as the nominated carrier for specific fibre optic cables owned by Chevron Australia Pty Limited in the Pilbara region of Western Australia. The declaration ensures that Telstra, as the nominated carrier, is capable of meeting all obligations associated with this role and that the declaration will not impede the efficient administration of relevant legislation. This declaration is a practical application of the broader policy objectives of the Telecommunications Act 1997, ensuring the smooth operation of telecommunications services in a specific region.

Scope and Application

The Telecommunications Act 1997 applies to the telecommunications industry in Australia, including carriers and entities that own network infrastructure. In this specific instance, the Act addresses the declaration of a nominated carrier for particular network units owned by Chevron Australia Pty Limited, located in the Pilbara region of Western Australia. The application by Telstra Corporation Limited pertains to the fibre optic cables owned by Chevron, and the declaration identifies Telstra as the nominated carrier for these network units. This declaration is subject to the condition that Telstra can meet all obligations as the nominated carrier and that it will not hinder the efficient administration of the Telecommunications Act 1997 or the Telecommunications (Consumer Protection and Service Standards) Act 1999. The geographical scope of this application is limited to the Pilbara region of Western Australia, and the declaration is specific to the cores of the fibre optic cables owned by Chevron, which are used to connect Telstra’s core network with sites within the region where Chevron or a related body corporate has an ownership interest or operates. The Act does not specify any exclusions or exemptions for this particular declaration, and its application may be further defined or restricted by subordinate instruments or regulations.

Key Provisions

The Australian Communications and Media Authority (ACMA) has designated Telstra Corporation Limited as the nominated carrier for the fibre optic cables owned by Chevron Australia Pty Limited and situated in the Pilbara region of Western Australia. This designation is made pursuant to section 77 and subsection 81(1) of the Telecommunications Act 1997, following an application by Telstra dated 29 March 2016. The decision was rendered on 22 April 2016 by Peter Sutton, a delegate of the ACMA, who concluded that declaring Telstra as the nominated carrier would enable the company to fulfil all obligations associated with this role and would not hinder the efficient administration of the Telecommunications Act 1997 or the Telecommunications (Consumer Protection and Service Standards) Act 1999. Under the Telecommunications Act 1997, the obligations imposed on Telstra as the nominated carrier include ensuring compliance with service standards and regulations, facilitating access to the network for other service providers, and maintaining the infrastructure in a manner that supports the delivery of telecommunications services. These obligations are designed to protect consumer interests and promote competition in the telecommunications sector. In addition, Telstra must adhere to any specific conditions outlined in the declaration, which pertain to the network units in question. Failure to comply with the obligations and requirements set out in the Act may result in various consequences. The Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999 outline potential penalties for non-compliance, which may include fines, corrective measures, or even the revocation of the nominated carrier status. The specific penalties are determined by the severity of the breach and the impact on consumers and other service providers. It is important for Telstra to meticulously adhere to the terms of the declaration to avoid these repercussions.