AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Telecommunications Act 1997
Subsection 56(3)
CARRIER LICENCE
The Australian Communications and Media Authority gives notice under subsection 56(3) of the Telecommunications Act 1997 (“the Act”) that on 4 April 2017 a carrier licence was granted to Valve Networks Pty Ltd ACN: 168 442 288 under subsection 56(1) of the Act.
NOTES - CONDITIONS OF CARRIER LICENCES
Under the Telecommunications Act 1997 ('the Act') carrier licences are subject to conditions as follows:
(a) Section 61 of the Act provides that a carrier licence is subject to conditions specified in Schedule 1 to the Act.
(b) Section 62 of the Act provides that a carrier licence is subject to the condition set out in section 152AZ of the Trade Practices Act 1974.
(c) Section 63 of the Act provides that a carrier licence may be subject to any conditions declared by the Minister administering the Act including:
(i) conditions, in addition to those referred to under sections 61 and 62 of the Act, applying to all carrier licences; and
(ii) conditions applying to specified carrier licences (the licences can be specified by name, by class or in any other way).
Overview
The Telecommunications Act 1997 was enacted to provide a comprehensive framework for the regulation of telecommunications services and infrastructure in Australia, addressing the need for updated legislation to accommodate technological advancements and the growing complexity of the telecommunications industry. This Act was introduced by the Parliament of Australia with a policy objective to facilitate efficient and effective telecommunications services, ensuring consumer protection, promoting competition, and supporting innovation in the sector. The Act serves as a foundational piece of legislation, establishing the legal basis for the issuance and regulation of carrier licences, which are essential for entities providing telecommunications services within the country. On 4 April 2017, the Australian Communications and Media Authority granted a carrier licence to Valve Networks Pty Ltd, reflecting the Act’s role in authorising and regulating telecommunications carriers. The carrier licence granted under this Act is subject to specific conditions outlined in Schedule 1, as well as additional conditions that may be imposed by the Minister, reflecting the Act’s aim to maintain a balanced and regulated telecommunications environment.
Scope and Application
The Telecommunications Act 1997 applies to any entity that operates as a telecommunications carrier in Australia, granting them a carrier licence subject to certain conditions as outlined in the Act. This encompasses businesses and entities involved in the provision of telecommunications services, including internet and telephony services, across the Commonwealth, states, territories, and national levels. The Act includes specific conditions for these carrier licences, as detailed in Schedule 1, and further stipulates that such licences must also adhere to the conditions set out in section 152AZ of the Trade Practices Act 1974. Additionally, the Minister administering the Act has the authority to impose additional conditions on carrier licences, either generally applicable or specific to certain licences identified by name, class, or other criteria. This comprehensive legislative framework ensures that telecommunications carriers operate within a regulated environment designed to protect consumers and maintain service quality.
Key Provisions
The Telecommunications Act 1997 (the Act) contains provisions concerning the issuance and conditions of carrier licences. Specifically, section 56(3) of the Act outlines that the Australian Communications and Media Authority (ACMA) has granted a carrier licence to Valve Networks Pty Ltd ACN: 168 442 288, effective from 4 April 2017. This licence is issued under the authority provided by section 56(1) of the Act. The conditions under which such a licence is granted are detailed in sections 61, 62, and 63 of the Act. According to section 61, a carrier licence is subject to the conditions specified in Schedule 1 to the Act. Section 62 further imposes a condition on the carrier licence as set out in section 152AZ of the Trade Practices Act 1974. Additionally, section 63 allows for the Minister administering the Act to declare additional conditions that may apply to all carrier licences or to specified ones, as appropriate.
The obligations imposed by the Act on entities holding a carrier licence, such as Valve Networks Pty Ltd, include adherence to the conditions specified in Schedule 1, compliance with the provisions outlined in section 152AZ of the Trade Practices Act 1974, and any additional conditions declared by the Minister under section 63. These conditions generally aim to regulate the telecommunications industry, ensuring that service providers operate within a framework that protects consumers and maintains the integrity of the telecommunications network. It is crucial for licensees to be aware of and comply with all stipulated conditions to avoid any legal repercussions.
Breaches of the conditions specified in the carrier licence can lead to significant consequences. While the specific offences and penalties are not detailed in the provided excerpt, it is reasonable to infer that violations of the Act’s provisions could result in enforcement actions by the ACMA or other regulatory bodies. These actions may include fines, revocation of the carrier licence, or other regulatory sanctions. For instance, under the general provisions of the Telecommunications Act 1997, significant breaches can lead to civil or criminal penalties, which could include substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any additional directives provided by the Minister under section 63.