Revocation of Nominated Carrier Declaration - Coomera Waters Village & Resort

Overview

The Telecommunications Act 1997 was enacted to establish a regulatory framework governing telecommunications services and infrastructure in Australia, addressing gaps in the management and oversight of telecommunications services and infrastructure. The Act provides the legal basis for the Australian Communications and Media Authority (ACMA) to regulate and administer the telecommunications industry. In the case of OPENetworks Pty Ltd, the ACMA revoked a nominated carrier declaration made on 17 December 2004 in relation to network units located within Coomera Waters Village and Resort, Queensland, after the company notified the ACMA of its lack of consent for the continued operation of the declaration. The revocation was made under subsection 83(2) of the Act by Silvia Superina, a delegate of the ACMA, on 28 August 2017, with the policy objective of ensuring that telecommunications services are provided in a manner that is consistent with the interests of consumers, businesses, and the broader community.

Scope and Application

The Telecommunications Act 1997, as referenced in the Gazette notice C2017G00933, pertains to the regulation of telecommunications services within Australia. Specifically, it applies to entities such as OPENetworks Pty Ltd, which are involved in the ownership and operation of telecommunications infrastructure. This Act governs the conduct and transactions associated with the provision of telecommunications services and facilities. Its jurisdictional reach encompasses the entire Commonwealth of Australia, ensuring that the legislation applies uniformly across all states and territories. Notably, the Act provides mechanisms for revocation of nominated carrier declarations, as demonstrated in the revocation of the declaration made by the Australian Communications and Media Authority (ACMA) in relation to OPENetworks' network units. While the primary Act sets out the fundamental principles and provisions, its application and further details may be extended or specified through subordinate instruments, ensuring that the regulatory framework remains adaptable to evolving technological and market conditions.

Key Provisions

The main operative sections of the document pertain to the revocation of a nominated carrier declaration under subsection 83(2) of the Telecommunications Act 1997. Silvia Superina, as a delegate of the Australian Communications and Media Authority (ACMA), has determined that OPENetworks Pty Ltd (ACN 118 525 821) is the owner of the network units located in Coomera Waters Village & Resort, Queensland, and that OPENetworks has formally notified the ACMA of its lack of consent to the continued operation of a previously made nominated carrier declaration. Consequently, Silvia Superina has revoked the nominated carrier declaration under the relevant subsection of the Act. The obligations imposed by the Act on the parties involved are clear and straightforward. OPENetworks must own the specified network units, and it must provide written notice to the ACMA expressing its non-consent to the nominated carrier declaration. Upon receipt of this notification and verification of the ownership and the contents of the notice, Silvia Superina, acting as a delegate of the ACMA, is obligated to revoke the nominated carrier declaration. This process ensures that the rights and interests of the network owner are protected and that the declaration is aligned with the current consent and ownership status of the network units. The document also outlines potential consequences for non-compliance or improper conduct related to the nominated carrier declaration. While specific offences, penalties, or consequences are not detailed in this particular revocation notice, breaches of the Telecommunications Act 1997 can lead to a range of civil and criminal penalties. For instance, wilful interference with telecommunications infrastructure can attract fines and imprisonment under section 127 of the Act. Additionally, failure to comply with obligations under the Act can result in administrative penalties, including fines and other corrective measures imposed by the ACMA. It is essential for all parties involved to adhere to the requirements of the Act to avoid these consequences.