Telecommunications (Section of Telecommunications Industry) Determination 2001

Overview

The Telecommunications (Section of Telecommunications Industry) Determination 2001, made under the authority of the Telecommunications Act 1997, was introduced to address the need for clearer regulation and definition within the telecommunications industry, specifically regarding the supply of Number Portability Services. This legislation was enacted by the Australian Communications Authority, with the objective of establishing a distinct category within the telecommunications industry for entities that provide these services, thus enabling more precise regulatory oversight and policy formulation. This determination aims to facilitate the administration and regulation of Number Portability, ensuring that customers retain their telephone numbers when switching service providers or carrier networks.

Scope and Application

The Telecommunications (Section of Telecommunications Industry) Determination 2001 applies to individuals or entities involved in providing Portability Services, which are defined as supporting services for the provision and operation of Number Portability within the telecommunications sector. This Determination, made under subsection 110(3) of the Telecommunications Act 1997 by the Australian Communications Authority, specifically targets those involved in activities such as port administration services, maintenance or provision of a ported number register database, and the provision of network information services or intelligent network database services for call routing. The geographic and jurisdictional reach of this Determination is inherently tied to the Commonwealth as it operates under the legislative framework of the Telecommunications Act 1997, which is a federal law. This Determination does not explicitly state exclusions, exemptions, or thresholds, but it does specify the telecommunications activity of supplying Portability Services as its focus. Furthermore, while the primary focus of this Determination is on the defined telecommunications activity, it can be extended or further specified through subordinate instruments or regulations that may be issued under the overarching Act.

Key Provisions

The Telecommunications (Section of Telecommunications Industry) Determination 2001 (sections 1 to 6) provides a framework for classifying certain telecommunications activities within the industry. Section 1 names the Determination and section 2 states it commences on 24 September 2001. The definitions in section 3 clarify key terms such as "Number Portability" and "Portability Services," which are the focus of this Determination. Section 4 specifies that this Determination applies to persons providing Portability Services, while section 5 identifies the telecommunications activity in question as the supply of these services. Finally, section 6 formally designates those providing Portability Services as "Portability Service Suppliers." The Determination imposes specific obligations on entities providing Portability Services. Under section 4, these entities must comply with the provisions outlined in the Determination, ensuring that their operations align with the regulatory framework established for this segment of the telecommunications industry. The services they provide, including port administration, ported number register maintenance, and network information services, must adhere to the standards and guidelines set forth in the Telecommunications Act 1997 and this Determination. Breaches of the provisions in this Determination can lead to various consequences. While the Determination itself does not explicitly list offences or penalties, violations of the underlying Telecommunications Act 1997 can result in significant legal repercussions. The Act provides for both civil and criminal penalties. Civil penalties may include substantial fines, with the exact amount depending on the severity and nature of the breach. For instance, section 269 of the Act allows for fines up to $1.1 million for corporations and $220,000 for individuals for serious offences. Additionally, criminal penalties can be imposed, which may include imprisonment, reflecting the seriousness of non-compliance with telecommunications regulations. The specific penalties are detailed in the Telecommunications Act 1997 and can vary based on the specific provisions violated.