Revocation of Nominated Carrier Declaration – New Skies Satellites Australia Pty Limited (NCD number 106)

Overview

The Telecommunications Act 1997 was enacted to establish a framework for the regulation of telecommunications services in Australia, addressing issues such as licensing, consumer protection, and ensuring efficient use of the radio spectrum. The Act was introduced to provide a comprehensive legal basis for the operation of telecommunications services and infrastructure within Australia, aiming to balance the interests of consumers, service providers, and the broader public. The Australian Parliament enacted this legislation to create a modern, adaptable legal framework capable of supporting the rapidly evolving telecommunications industry. In this context, the Australian Communications and Media Authority (ACMA) acts as the delegate responsible for enforcing the provisions of the Act, including the revocation of declarations pertaining to nominated carriers. The policy objective of the Act is to ensure that telecommunications services are delivered efficiently and effectively, while also protecting consumers and maintaining high service standards. This is evident in the revocation of the nominated carrier declaration for New Skies Satellites Australia Pty Limited, reflecting the ACMA’s role in upholding the integrity and compliance of telecommunications operations in Australia.

Scope and Application

The Telecommunications Act 1997 applies to entities involved in telecommunications services in Australia, including carriers and service providers. The Act governs the licensing, regulation, and oversight of telecommunications services, ensuring compliance with service standards and consumer protection provisions. Specifically, the revocation of a nominated carrier declaration, as demonstrated in the case of New Skies Satellites Australia Pty Limited, applies to entities that have been granted a nominated carrier declaration under subsection 81(1) but subsequently relinquish their responsibilities. The revocation process, as outlined in paragraph 83(2)(b) of the Act, is applicable nationally across Australia, with the ACMA's authority extending throughout the Commonwealth. This particular revocation impacts New Skies Satellites Australia Pty Limited, which had previously been declared the nominated carrier for certain network units but has now opted out of those responsibilities. No specific exclusions or exemptions are noted in this instance, and the application of the Act is direct without reliance on subordinate instruments in this case.

Key Provisions

The Telecommunications Act 1997, under subsection 81(1), allows the Australian Communications and Media Authority (ACMA) to declare a company as a nominated carrier for certain network units. This declaration, as seen in Attachment A, was issued to New Skies Satellites Australia Pty Limited on 24 November 2008, enabling them to act as the nominated carrier for specific radiocommunications facilities, specifically transponders on the NSS-9 and NSS-12 geostationary satellites, owned by SES Satellite Leasing Limited. The declaration was made on the basis that New Skies Satellites Australia Pty Limited would comply with the obligations of a nominated carrier and that the declaration would not impede the administration of the Act and related legislation. In accordance with paragraph 83(2)(b) of the Act, the ACMA has the authority to revoke a nominated carrier declaration if the company in question no longer accepts responsibility for the network units. This revocation is contingent on the company providing written notice to the ACMA stating their refusal to take on the responsibilities associated with being a nominated carrier. In the case of New Skies Satellites Australia Pty Limited, this written notice was received, leading to the revocation of their nominated carrier declaration as of 29 January 2024. This revocation means that New Skies Satellites Australia Pty Limited is no longer recognised as the nominated carrier for the specified network units. The obligations imposed by the Telecommunications Act 1997 on entities that are designated as nominated carriers include ensuring compliance with the Act and related legislation. This includes fulfilling the responsibilities that come with being a nominated carrier, such as maintaining the integrity of the telecommunications infrastructure and ensuring that the network units operate in accordance with the legal requirements. The revocation of the nominated carrier declaration signifies that New Skies Satellites Australia Pty Limited is no longer required to meet these obligations, as they have formally declined the responsibility. The Act does not explicitly state offences, penalties, or consequences for the breach of obligations by a nominated carrier. However, any failure to comply with the obligations of a nominated carrier could potentially lead to legal action under the Act or related legislation. The ACMA could take steps to enforce compliance or seek remedies if a nominated carrier does not adhere to its responsibilities. The revocation of a nominated carrier declaration, as seen in this case, is a measure that the ACMA can take to ensure that entities are not carrying responsibilities they are unwilling or unable to meet, thereby maintaining the effectiveness and integrity of the telecommunications sector in Australia.