Revocation of Nominated Carrier Declaration – AAPT Limited (NCD 126)

Overview

The Telecommunications Act 1997 was enacted by the Parliament of Australia to regulate the telecommunications industry and ensure the provision of efficient and affordable services. The Act aimed to address the need for a comprehensive legal framework that could keep pace with technological advancements and evolving market conditions. The policy objective of the Act is to facilitate the administration of telecommunications services while protecting consumer interests and promoting competition. In a specific instance, the Australian Communications and Media Authority (ACMA) has exercised its powers under the Act to revoke a nominated carrier declaration. This action was taken after AAPT Limited, which had been granted the declaration concerning network units owned by PowerTel Limited, informed the ACMA that it no longer accepted responsibility for those units. The revocation, effective from 29 July 2025, underscores the ACMA's role in ensuring compliance with the Act and maintaining the integrity of the telecommunications regulatory framework.

Scope and Application

The Telecommunications Act 1997 governs telecommunications services in Australia, including the regulation of carriers and service providers. In relation to this Act, the revocation of a nominated carrier declaration pertains to AAPT Limited, which had previously been declared as the nominated carrier for network units owned by PowerTel Limited. This revocation is executed by Vivian Tee, a delegate of the Australian Communications and Media Authority, and is based on AAPT Limited's written notice indicating it no longer accepts responsibility for these units. The revocation, effective from 29 July 2025, addresses the specific obligations and roles associated with being a nominated carrier under the Act. The legislation applies to telecommunications carriers and their designated roles within the industry, with its jurisdictional reach spanning the entire Commonwealth of Australia. This revocation does not introduce any new exclusions or exemptions but directly impacts the responsibilities of AAPT Limited in its capacity as a nominated carrier for PowerTel Limited’s network units.

Key Provisions

The Gazette C2025G00570 is a document issued under the Telecommunications Act 1997, which addresses the revocation of a nominated carrier declaration for AAPT Limited (subsection 83(2)(b)). The key provision in this Gazette is the revocation of the Nominated Carrier Declaration for AAPT Limited, which was initially granted on 9 August 2013. This revocation takes effect on 29 July 2025. The Gazette cites AAPT Limited’s written notice to the Australian Communications and Media Authority (ACMA) stating that it does not accept responsibility for the network units owned by PowerTel Limited. This revocation means that AAPT Limited is no longer recognised as the nominated carrier for these network units, as per the Act. The obligations imposed by the Telecommunications Act 1997 on parties such as AAPT Limited, when granted a nominated carrier declaration, include the responsibility to ensure compliance with all obligations of the nominated carrier. For AAPT Limited, this meant having the capability to manage the network units of PowerTel Limited in accordance with the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999. Additionally, the declaration had to be made without impeding the efficient administration of these acts. The Gazette highlights that AAPT Limited’s refusal to accept responsibility for the network units led to the revocation of its nominated carrier status. This action signifies that AAPT Limited is no longer accountable for ensuring the network units of PowerTel Limited comply with the regulatory requirements. Furthermore, the revocation impacts the service standards and consumer protection measures that AAPT Limited was required to uphold as a nominated carrier. Under the Telecommunications Act 1997, any breach of the obligations related to the nominated carrier declaration can lead to civil or criminal consequences. While specific penalties are not detailed in this Gazette, the revocation itself serves as a form of enforcement. The failure to accept responsibility as a nominated carrier can result in the loss of the carrier status, impacting the carrier’s ability to operate in the telecommunications sector. Additionally, any subsequent non-compliance by the former nominated carrier could lead to further regulatory actions or penalties as prescribed under the Act.