AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Telecommunications Act 1997
Subsection 83(1)
REVOCATION OF NOMINATED CARRIER DECLARATION – NATIONAL NARROWBAND NETWORK COMMUNICATIONS PTY LTD (NCD 168)
I, Dominic Byrne, delegate of the Australian Communications and Media Authority (‘the ACMA’), acting under paragraph 83(2)(a) of the Telecommunications Act 1997 and being satisfied that:
- National Narrowband Network Communications Pty Ltd (ACN 605 767 913) was granted a nominated carrier declaration under subsection 81(1) of the Telecommunications Act 1997 on 22 May 2020 in relation to network units owned by the Gold Coast City Council (the ‘Nominated Carrier Declaration’), a copy is included at Appendix A; and
- If National Narrowband Network Communications Pty Ltd was to apply for the Nominated Carrier Declaration today, the ACMA would refuse to make the declaration;
hereby revoke the Nominated Carrier Declaration under subsection 83(1) of the Telecommunications Act 1997.
The revocation of the nominated carrier declaration takes effect on 15 November 2024.
Signed: Dominic Byrne
Delegate of the Australian Communications and Media Authority
Dated: 20 January 2025
Appendix A
AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Telecommunications Act 1997
Subsection 81(1)
NOMINATED CARRIER DECLARATION
I, Dominic Byrne, delegate of the Australian Communications and Media Authority (ACMA), being satisfied that:
(a) if this declaration were made, National Narrowband Network Communications Pty Ltd ACN 605 767 913 (the applicant) 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 units described below; and
(b) the making of this declaration will not impede the efficient administration of:
(i) the Telecommunications Act 1997;
(ii) the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act;
declare that National Narrowband Network Communications Pty Ltd ACN 605 767 913, holder of carrier licence number 440, is the nominated carrier in relation to each radiocommunications base station:
(a) owned by the Gold Coast City Council (ABN 84 858 548 460); and
(b) located within the Gold Coast Local Government Area (Gold Coast LGA); and
(c) used for the purpose of delivering Long Range Wide Area Network (LoRaWAN) Internet of Things (IoT) network connectivity inside the Gold Coast LGA.
(2) In this declaration:
Gold Coast LGA means the area in area map ‘LGB 30 edition 3’ and specified as the Gold Coast Local Government Area in column 3 of Schedule 1 to the Local Government Regulation 2012 (Qld), as in force on the date this declaration is made.
Note: Subsection 6(6) of the Local Government Regulations 2012 requires that the Gold Coast City Council must ensure that a copy of its area map is available for public inspection at its offices.
Signed: Dominic Byrne
Delegate of the Australian Communications and Media Authority
Dated: 22 May 2020
Overview
The Telecommunications Act 1997, enacted by the Parliament of Australia, was introduced to regulate the telecommunications industry and provide a framework for the provision of telecommunications services in Australia. The Act aims to ensure that telecommunications services are provided efficiently, effectively, and in the public interest. The Australian Communications and Media Authority (ACMA) plays a crucial role in administering the Act by regulating and licensing telecommunications services, and it has the authority to revoke carrier declarations if certain conditions are not met. In this context, a revocation of a nominated carrier declaration for National Narrowband Network Communications Pty Ltd was issued due to the ACMA’s satisfaction that the company would not meet the current criteria if reapplying. The revocation of the declaration, effective from 15 November 2024, is a measure to uphold the integrity and efficiency of telecommunications services as mandated by the Act.
Scope and Application
The Telecommunications Act 1997, as applied through the Australian Communications and Media Authority (ACMA), governs the revocation of nominated carrier declarations, which pertain to entities designated to act as carriers for specific telecommunications infrastructure. In this instance, the ACMA, through its delegate Dominic Byrne, has revoked the nominated carrier declaration for National Narrowband Network Communications Pty Ltd concerning network units owned by the Gold Coast City Council. This revocation applies to the LoRaWAN Internet of Things (IoT) network connectivity within the Gold Coast Local Government Area, as initially declared on 22 May 2020. The revocation will take effect on 15 November 2024, reflecting the ACMA’s decision that, if the declaration were to be applied for today, it would be refused due to certain conditions not being met. This action underscores the regulatory oversight of telecommunications carriers within Australia, ensuring compliance with statutory obligations and service standards.
Key Provisions
The primary sections of the Gazette C2025G00036, dealing with the revocation of the nominated carrier declaration, are subsections 81(1) and 83(1) of the Telecommunications Act 1997. Subsection 81(1) (paragraph A) pertains to the granting of a nominated carrier declaration to National Narrowband Network Communications Pty Ltd (ACN 605 767 913), enabling them to act as the nominated carrier for network units owned by the Gold Coast City Council within the Gold Coast Local Government Area (LGA). This declaration allows the company to provide Long Range Wide Area Network (LoRaWAN) Internet of Things (IoT) network connectivity within the Gold Coast LGA. Conversely, subsection 83(1) revokes this declaration, stating that if National Narrowband Network Communications Pty Ltd were to apply for the nominated carrier declaration today, the Australian Communications and Media Authority (ACMA) would refuse to grant it.
The obligations imposed by the Act on National Narrowband Network Communications Pty Ltd include ensuring compliance with all obligations as the nominated carrier and guaranteeing that their role does not impede the efficient administration of the Telecommunications Act 1997, the Telecommunications (Consumer Protection and Service Standards) Act 1999, and related regulations. The revocation of the nomination as the carrier will be effective from 15 November 2024, giving the company a period to adjust to this change.
The Gazette also outlines the consequences of breaching the obligations under the Telecommunications Act 1997. Although specific offences, penalties, or civil and criminal consequences are not detailed in the document, breaches of the Act could lead to sanctions by the ACMA, which may include fines, suspension or revocation of licenses, or other regulatory actions. The exact penalties would depend on the nature and severity of the breach, as stipulated by the Act and relevant regulations.