AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Telecommunications Act 1997
Subsection 81(1)
NOMINATED CARRIER DECLARATION
After considering an application dated 25 November 2015 made to the Australian Communications and Media Authority (ACMA) under section 77 of the Telecommunications Act 1997 by Transtelco Pty Ltd (ACN: 607 531 653) (the applicant) in relation to network unit or units (the network unit or units) owned by NSW Electricity Networks Operations Pty Limited as trustee for the NSW Electricity Networks Operations Trust (ACN 609 169 959), I, Paul Nicholas, Section Manager, delegate of the ACMA, acting under subsection 81(1) of the Telecommunications Act 1997, being satisfied that:
(a) if the applicant were declared to be the nominated carrier in relation to the network unit or units, it 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 unit or units; and
(b) the making of the declaration will not impede the efficient administration of:
(i) the Telecommunications Act 1997; or
(ii) the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act;
declare that TransGrid is the nominated carrier in relation to network units owned by TransGrid, used for non-prescribed purposes only, and located:
- between Canberra Substation on Parkwood Road, Macgregor ACT and NextDC C1 data centre, 19 Battye St, Bruce ACT;
between NextDC C1 data centre, 19 Battye St, Bruce ACT and Verizon data centre, 7-9 Braybrooke St, Bruce ACT;
between NextDC C1 data centre, 19 Battye St, Bruce ACT and TransAct Data Centre, 470 Northbourne Ave, Dickson ACT;
between TransAct Data Centre, 470 Northbourne Ave, Dickson ACT and 50 Mort St, Braddon ACT;
between Sydney West Substation, 200 Old Wallgrove Road, Eastern Creek NSW and HP Aurora Data Centre, Roberts Road, Eastern Creek NSW;
between Springhill Substation, Glastonbury Ave, Unanderra NSW and Metronode data centre, Lathe Place, Unanderra NSW;
between Equinix ME1 data centre, 600 Lorimer St, Port Melbourne VIC and NextDC M1 data centre, 826 Lorimer St, Port Melbourne VIC;
- between Fishermans Bend Substation, Turner St, Port Melbourne VIC and NextDC M1 data centre, 826 Lorimer St, Port Melbourne VIC;
- between the high voltage tower on transmission line 62 tower 217 east of Walla Walla NSW, Klemke St Walla Walla NSW, and Commercial Street Walla Walla NSW;
- between West Melbourne Substation, Lloyd St, West Melbourne VIC, and TPG Data Centre, 221 Dryburgh St, North Melbourne VIC;
between Mt Spring Radio Site and Tarago Radio Site in NSW;
between Tarago Radio Site and Woodlawn Bioreactor in NSW;
between Bayswater Power Station and Elderslie Radio Site in NSW;
between Elderslie Radio Site and Mt Sugarloaf Radio Site in NSW; and
between Mt Sugarloaf Radio Site and Ipera Data Centre in NSW.
Dated the 16th day of December 2015
Signed Paul Nicholas,
Delegate of the Australian Communications and Media Authority
Overview
The Telecommunications Act 1997 was enacted by the Parliament of Australia to provide a legislative framework for telecommunications services and networks, ensuring that they are available and accessible to the public while maintaining high standards of service and compliance. The Act addresses the need for clear regulation of telecommunications infrastructure to facilitate efficient and effective communication services across the country. One of its primary objectives is to ensure that designated entities, such as nominated carriers, meet their obligations to provide reliable and high-quality telecommunications services. This legislation is crucial for maintaining the integrity and functionality of Australia's telecommunications network, allowing for the seamless provision of services to both consumers and businesses. Through the establishment of roles and responsibilities, the Act aims to promote fair competition, consumer protection, and the overall development of telecommunications infrastructure in Australia.
Scope and Application
The Telecommunications Act 1997, under subsection 81(1), allows the Australian Communications and Media Authority (ACMA) to declare a nominated carrier for specified network units, which are telecommunications infrastructure used for non-prescribed purposes. This legislative provision applies to Transtelco Pty Ltd, identified by its Australian Company Number (ACN: 607 531 653), and the network units owned by NSW Electricity Networks Operations Pty Limited as trustee for the NSW Electricity Networks Operations Trust. The declared nominated carrier, TransGrid, is tasked with fulfilling all obligations associated with the network units in accordance with the Act. This declaration applies specifically to network units located between various substations, data centres, and radio sites across multiple jurisdictions, including the Australian Capital Territory, New South Wales, and Victoria. The Act's application is limited to these specified locations, and the declaration ensures that the nominated carrier is in a position to meet the obligations without impeding the efficient administration of the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999. The jurisdictional reach of the declaration is confined to the listed geographic locations and excludes any other areas not specified in the declaration.
Key Provisions
Section 77 of the Telecommunications Act 1997 provides a framework for an application to the Australian Communications and Media Authority (ACMA) to be declared as the nominated carrier for certain network units. Subsection 81(1) of the Act allows ACMA to make this declaration if the applicant is in a position to meet all obligations as a nominated carrier and if the declaration does not hinder the administration of relevant Acts or regulations. Based on this provision, Transtelco Pty Ltd has been declared the nominated carrier for specific network units owned by NSW Electricity Networks Operations, used for non-prescribed purposes and located at various sites in the ACT, NSW, and VIC.
As the nominated carrier, Transtelco Pty Ltd is required to comply with specific obligations under the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999. These obligations include ensuring the efficient and effective use of the network units, maintaining the units in a safe and reliable condition, and providing access to the network units for other telecommunications carriers, where applicable. Additionally, the nominated carrier must adhere to any relevant service standards and consumer protection provisions set forth in the Acts and associated regulations.
Failure to comply with the obligations of a nominated carrier can result in legal consequences. Under the Telecommunications Act 1997, breaches of the carrier's obligations may lead to civil or criminal penalties, depending on the nature and severity of the breach. For instance, serious or repeated breaches may result in fines, with the maximum penalty for a corporation potentially reaching up to $1.1 million under the Act. Additionally, the ACMA has the authority to impose administrative penalties, such as infringement notices, for less severe breaches. It is essential for Transtelco Pty Ltd to understand and meet its obligations to avoid these potential consequences.