Revocation Of Nominated Carrier Declaration – Pivotel Group Pty Limited (NCD 124)

Overview

The Telecommunications Act 1997 was enacted to provide a comprehensive framework for the regulation of telecommunications in Australia, addressing issues such as the licensing of telecommunications services, the regulation of prices, and the protection of consumers. The Act was introduced to address gaps in the regulation of telecommunications services that were becoming increasingly complex due to technological advancements and the growing importance of telecommunications in the economy. The Act was enacted by the Parliament of Australia, with the policy objective of ensuring that telecommunications services are provided in an efficient and effective manner, while also protecting the interests of consumers and promoting competition in the market. The Act provides for the establishment of the Australian Communications and Media Authority, which is responsible for regulating the telecommunications industry in Australia. The Act includes provisions for the regulation of nominated carriers, which are telecommunications carriers that are responsible for ensuring that the telecommunications services they provide meet certain standards and obligations. The Act allows the Australian Communications and Media Authority to revoke a nominated carrier declaration if the carrier no longer meets the requirements for being a nominated carrier. In this case, the Authority has revoked the nominated carrier declaration for Pivotel Group Pty Limited, which was granted in relation to network units owned by Thuraya Telecommunications Company. The revocation is effective from 28 August 2025, following a written notice from Pivotel Group Pty Limited stating that it no longer accepts responsibility for the units.

Scope and Application

The Telecommunications Act 1997, administered by the Australian Communications and Media Authority (ACMA), applies to various telecommunications carriers and service providers within Australia, governing their operations and obligations. Specifically, the Act allows the ACMA to designate certain entities as nominated carriers for particular telecommunications services, thereby imposing specific duties and responsibilities on these carriers. This applies to entities such as Pivotel Group Pty Limited, which was previously designated as a nominated carrier for certain satellite-based telecommunications services provided by Thuraya Telecommunications Company. The Act's jurisdictional reach is national, covering the entirety of Australia and its territories. However, the revocation of a nominated carrier declaration, as seen in the case of Pivotel Group Pty Limited, is executed under specific provisions of the Act, such as subsection 83(2)(b), and is effective nationwide. The revocation takes effect on the specified date, 28 August 2025, and is implemented by a delegate of the ACMA, who is authorised to act under the Act’s provisions. The Act may also extend or restrict its application through subordinate instruments, thereby providing flexibility in its enforcement and interpretation.

Key Provisions

The main operative sections of the document include subsection 81(1) and subsection 83(2) of the Telecommunications Act 1997. Subsection 81(1) allows the Australian Communications and Media Authority (ACMA) to declare a nominated carrier for specific telecommunications services. In this case, Pivotel Group Pty Limited was declared the nominated carrier for certain satellite transponders and sub-band units, as per the declaration dated 4 March 2013 (subsection 81(1)). Subsection 83(2) provides the authority for the ACMA to revoke such a declaration if certain conditions are met, which is what occurs here, as per the revocation notice dated 29 September 2025 (subsection 83(2)(b)). The obligations imposed by the Act on the parties, particularly on Pivotel Group Pty Limited as the nominated carrier, include the responsibility to ensure compliance with all obligations as a nominated carrier. This includes maintaining the integrity and efficiency of the telecommunications services provided through the specified network units. The revocation notice indicates that Pivotel Group Pty Limited has notified the ACMA that it no longer accepts responsibility for these units, leading to the revocation of their nominated carrier status. There are potential consequences for non-compliance or breach of the obligations outlined in the Act. However, the specific offences, penalties, or consequences for breach are not detailed within this particular document. The revocation itself is a direct consequence of Pivotel Group Pty Limited’s decision to relinquish its responsibilities, resulting in the termination of their nominated carrier status. The effectiveness of this revocation is set for 28 August 2025.