Telecommunications Competition Act 2002
No. 140, 2002
An Act to amend the law relating to telecommunications, and for other purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Amendment of the Telecommunications Act 1997
Part 1—Pre‑selection in favour of carriage service providers
Part 2A—Industry development plans
Part 3—Access to network information
Part 4—Instruments
Schedule 2—Amendment of the Trade Practices Act 1974
Part 1—Model terms and conditions relating to access to core services etc.
Part 2—Merits review of final determinations
Part 3—Duration of declarations
Part 4—Revocation of declarations of minor importance
Part 5—Service provider’s reasonably anticipated requirements
Part 6—Costs of extending or enhancing the capability of a facility etc.
Part 7—Hindering the fulfilment of a standard access obligation etc.
Part 8—Backdating of final determinations
Part 9—Guidelines about the ACCC’s powers to regulate anti‑competitive conduct
Part 10—Telecommunications access codes
Part 11—Exemptions from standard access obligations
Part 12—Access undertakings
Part 13—Ordering and provisioning
Part 14—Review of competition decisions
Part 15—Competition notices and advisory notices etc.
Part 16—Record‑keeping rules and disclosure directions
Telecommunications Competition Act 2002
No. 140, 2002
An Act to amend the law relating to telecommunications, and for other purposes
[Assented to 19 December 2002]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Telecommunications Competition Act 2002.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Telecommunications Act 1997
Part 1—Pre‑selection in favour of carriage service providers
1 Section 5
Omit “ACA may require certain carriers and carriage service providers to provide pre‑selection”, substitute “ACA must require certain carriers and carriage service providers to provide pre‑selection”.
2 Section 348
Omit “may”, substitute “must”.
3 Subsection 349(2)
Omit “may”, substitute “must”.
4 Subsection 349(2)
After “specified” (first occurring), insert “declared”.
4A At the end of subsection 349(2)
Add:
Note: Declared carriage service is defined by section 350A.
4B After section 350
Insert:
350A Declared carriage services
(1) The ACCC may, by written instrument, declare that a specified carriage service is a declared carriage service for the purposes of this Part.
(2) The declaration has effect accordingly.
(3) In deciding whether to make a declaration under this section, the ACCC must have regard to whether the declaration will promote the long‑term interests of end‑users of:
(a) carriage services; or
(b) services supplied by means of carriage services.
(4) The ACCC may have regard to any other matters that it thinks are relevant.
(5) For the purposes of this section, the question whether a particular thing promotes the long‑term interests of end‑users of:
(a) carriage services; or
Overview
The Telecommunications Competition Act 2002, enacted by the Parliament of Australia, was introduced to amend the existing telecommunications law, addressing issues and gaps in the Telecommunications Act 1997 and Trade Practices Act 1974. This Act aims to enhance competition within the telecommunications sector and ensure fair practices. Key changes include modifications to pre-selection requirements for carriage service providers, adjustments to industry development plans, and enhancements to access to network information. Additionally, the Act introduces new provisions for the declaration of core services and model terms and conditions relating to access to these services, overseen by the Australian Competition and Consumer Commission (ACCC). The policy objective of this Act is to promote a competitive telecommunications market that benefits end-users by ensuring fair access to services and preventing anti-competitive conduct.
Scope and Application
The Telecommunications Competition Act 2002 amends the Telecommunications Act 1997 and the Trade Practices Act 1974 to regulate competition in the telecommunications industry in Australia. This Act applies to persons and entities involved in the provision of telecommunications services, including carriers and carriage service providers, as well as to the conduct and transactions related to these services. The Act has a national jurisdictional reach as it pertains to Commonwealth legislation. The Act does not explicitly state any exclusions, but it does outline specific exemptions and thresholds in certain areas, such as pre-selection requirements, industry development plans, and access to network information. The application of the Act can be extended or restricted through subordinate instruments, such as regulations or ministerial directions, which may provide further details or specify particular classes of services or entities.
Key Provisions
- The Telecommunications Competition Act 2002 amends the Telecommunications Act 1997 to make several key changes to the regulation of telecommunications services in Australia. Firstly, the Act mandates that certain carriers and carriage service providers must provide pre-selection for specified services, ensuring broader access and competition. Secondly, the Australian Competition and Consumer Commission (ACCC) is required to consult with the Australian Communications Authority (ACA) before making a declaration regarding a specified carriage service, promoting collaboration between the two bodies. Thirdly, the Act allows the ACA to issue exemption certificates to applicants for carrier licenses or existing carriers if they meet certain criteria, streamlining the licensing process. Additionally, the Act introduces requirements for the provision of timely and detailed information and access to network information, ensuring that carriers can efficiently plan and maintain their networks.
- The Telecommunications Competition Act 2002 imposes several obligations on parties governed by the Act. The ACCC must consider whether a declaration promoting the long-term interests of end-users is appropriate when deciding whether to declare a specified carriage service. The ACA must consult with the ACCC before making certain declarations and must ensure that carriers provide timely and detailed information when the purpose of the access is to enable the second carrier to undertake planning, maintenance, or reconfiguration of their telecommunications network. Furthermore, carriers are required to comply with reasonable requests for information from other carriers.
- Breaches of the Telecommunications Competition Act 2002 can result in both civil and criminal consequences. For example, if a carrier or carriage service provider prevents or hinders the fulfilment of a standard access obligation, they may face criminal penalties. Additionally, carriers or providers who fail to comply with terms and conditions specified in a direction given by the Australian Competition and Consumer Commission may be subject to fines of up to 20 penalty units for omissions and up to 100 penalty units for acts or omissions that breach specified requirements. These penalties serve as deterrents to ensure compliance with the Act’s provisions.
- Area of Law
- Telecommunications Law
- Competition Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Regulatory Standards
- Licensing & Registration
- Reporting & Disclosure Obligations
- Enforcement Powers
- Review & Sunset Clauses