Revocation of Nominated Carrier Declaration - Intelsat Asia Carrier Services, Inc.

Overview

The Telecommunications Act 1997 was enacted to regulate the telecommunications industry in Australia, ensuring that services are provided in an efficient and effective manner while maintaining the public interest. The Act was introduced to address the need for a comprehensive regulatory framework governing the telecommunications sector, encompassing licensing, service quality, consumer protection, and competition. Enacted by the Australian Parliament, the Act aims to foster innovation and investment in the telecommunications industry, while ensuring that services are accessible and affordable for all Australians. The revocation of the nominated carrier declaration for Intelsat Asia Carrier Services, Inc., as evidenced by the declaration made by Silvia Superina on behalf of the Australian Communications and Media Authority on 6 February 2018, demonstrates the authority's commitment to maintaining the integrity of the regulatory framework and ensuring that designated entities meet the necessary standards and responsibilities under the Act.

Scope and Application

The Telecommunications Act 1997, as applied in this instance, pertains specifically to the revocation of a nominated carrier declaration concerning designated radiocommunications facilities. The Act applies to entities such as Intelsat Asia Carrier Services, Inc., which had previously been recognised as a nominated carrier by the Australian Communications and Media Authority (ACMA). This revocation follows a written notice from Intelsat Asia Carrier Services, Inc., indicating its refusal to accept responsibility for the network units under the Act. The geographic scope of this Act encompasses satellites owned by Intelsat, Ltd., which are situated in geostationary orbits at specific longitudes, namely 180 degrees east, 174 degrees east, 169 degrees east, 166 degrees east, 100 degrees east, 85 degrees east, 72 degrees east, 68.5 degrees east, 66 degrees east, 64 degrees east, 62 degrees east, and 60 degrees east. The revocation of the nomination of Intelsat Asia Carrier Services, Inc., impacts the status of the aforementioned satellites as designated radiocommunications facilities under Australian jurisdiction. This revocation is enacted under the authority granted by subsection 83(2) of the Telecommunications Act 1997, and it reflects the ACMA's responsibility to manage and oversee telecommunications services and infrastructure within Australia.

Key Provisions

The Telecommunications Act 1997, specifically under subsection 83(2), enables the Australian Communications and Media Authority (ACMA) to revoke the designation of a nominated carrier. In this instance, Silvia Superina, as a delegate of the ACMA, has exercised this power to revoke the nominated carrier declaration previously made on 9 April 2009 concerning Intelsat Asia Carrier Services, Inc. This revocation is based on the written notice received from Intelsat Asia Carrier Services, Inc., stating that it no longer accepts responsibility for the network units for the purposes of the Act. The revocation pertains to designated radiocommunications facilities, which include satellites owned by Intelsat, Ltd., located in geostationary orbits at specific longitudes. This legislative action directly affects the management and oversight of these telecommunications assets, ensuring that the ACMA's regulatory framework remains aligned with current responsibilities and obligations. The obligations imposed by the Act on parties such as Intelsat Asia Carrier Services, Inc., include the necessity to maintain clear and updated communications with the ACMA regarding their responsibilities and any changes in their operational status. Specifically, any nominated carrier must notify the ACMA in writing if they decide to relinquish their role in managing network units. This ensures that the ACMA can adjust its oversight and regulatory measures accordingly, maintaining the integrity and functionality of the telecommunications infrastructure. The revocation of the nomination declaration means that Intelsat Asia Carrier Services, Inc. is no longer recognised by the ACMA as the responsible entity for these specific facilities, impacting their regulatory relationship and possibly necessitating a reassignment of duties to another carrier. In terms of consequences for breach, the Telecommunications Act 1997 does not explicitly outline penalties for non-compliance with the revocation of a nominated carrier declaration in this context. However, failure to notify the ACMA of a change in responsibility can lead to regulatory oversight issues, where the ACMA might not be fully informed about the management of critical telecommunications facilities. This could potentially result in lapses in compliance with telecommunications regulations, which may attract further scrutiny or enforcement actions from the ACMA. Additionally, the revocation itself is a formal administrative action that signifies a shift in regulatory responsibility and could have broader implications for the parties involved, including potential operational disruptions or the need for new agreements with other carriers.