TELECOMMUNICATIONS ACT 1997

EXPLANATORY STATEMENT

TELECOMMUNICATIONS (TYPES OF CABLING WORK) AMENDMENT DECLARATION 2005 (NO. 1)

Statutory Basis for the Telecommunications (Types of Cabling Work) Amendment Declaration 2005 (No. 1)

This document provides an explanation of the Telecommunications (Types of Cabling Work) Amendment Declaration 2005 (No. 1) made under subsection 419 (1) of the Telecommunications Act 1997 (‘the Act’).

The performance of cabling work which is a declared type under subsection 419 (1) of the Act is prohibited unless the work is performed by, or under the supervision of a person who is registered under the Telecommunications Cabling Provider Rules 2000 (‘the Rules’) made under subsection 421(1) of the Act.

Subsection 419 (1) of Division 9 of Part 21 of the Act authorises the Australian Communications and Media Authority (‘ACMA’) to declare that a specified kind of cabling work is a type of cabling work for the purposes of that Division. 

On 23 June 1997, the Telecommunications (Types of Cabling Work) Declaration 1997 (the Declaration) was made under subsection 419 (1) of the Act.  All cabling work is included as a type of cabling work, subject to certain exclusions contained in Schedule 1 of the instrument. 

The Telecommunications (Types of Cabling Work) Amendment Declaration 2005 (No. 1) (‘the Amending Instrument’) inserts an additional exclusion into Schedule 1 of the Declaration relating to cabling used by broadcasters at significant events.

Cabling work is defined in section 418 of the Act as the installation, connection or maintenance of customer cabling which is, or is to be, connected to a telecommunications network or facility.

Background

When overseas broadcasters arrive in Australia to attend significant events such as the 2006 Commonwealth Games, the Formula 1 Grand Prix, and the Australian Tennis Open they may need to install cabling for their broadcasting studios and editing suites using their own experienced technicians brought in from overseas.  This cabling work is likely to be connected to a telecommunications network.  Technicians visiting Australia for a short time to perform cabling at significant events are unlikely to hold an Australian cabling registration under the Rules.

Currently, Australian broadcasters are exempt from the requirement for cabling work to be undertaken by a registered cabling provider under the Rules.

ACMA believes that it is appropriate to temporarily exempt overseas broadcasters from the requirement to use a registered cabling provider for the period leading up to and during all significant events, provided certain conditions are met.  Firstly, that the cabling work is for use in relating to broadcasting content.  Secondly, that the cabling work is connected to a telecommunications network in accordance with the written consent of the network manager.  Finally, that the cabling work is removed at the end of the significant event.

Only the Chair of ACMA can decide that an event be identified as a significant event for the purposes of this arrangement.

Amendment

The Amending Instrument amends the Declaration by broadening the range of cabling work that is not a type of cabling work that is required to be performed or supervised by a registered cabling provider in accordance with the Rules.  Moreover, the Amending Instrument exempts all broadcasters (both domestic and overseas broadcasters) from the requirements for cabling work to be undertaken in accordance with the Rules, provided certain conditions are met.  Under the Rules, cabling work is required to be performed or supervised by a registered cabling provider in accordance with industry standards. 

The changes are similar to an exemption scheme created under the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 (the ‘TLN’) in May 2005.  The amendment to the TLN exempts telecommunications customer equipment and cabling imported for connection at a significant event from complying with Australian labelling requirements.

Other than at significant events, the Amending Instrument will have no affect on the implementation of existing cabling compliance arrangements.

ACMA consulted with industry in preparing the Amending Instrument.  Copies of the Amending Instrument were sent to all key industry stakeholders.  No issues requiring changes to the Amending Instrument were raised during the consultation process.

Notes on the Instrument

Section 1 – Name of Declaration

Section 1 specifies the name of the Amending Declaration as the Telecommunications (Types of Cabling Work) Amendment Declaration 2005 (No. 1).

Section 2 – Commencement

Section 2 provides that the Declaration will commence on the day after it is registered.

Section 3 – Amendment of Telecommunications (Types of Cabling Work) Declaration 1997

Section 3 provides that Schedule 1 amends the Telecommunications (Types of Cabling Work) Declaration 1997.

Schedule 1 Amendment

[1] Subsection 3 (1) after definition of narrowcaster

Item 1 inserts a new definition in subsection 3(1) of the Declaration of what is meant by a ‘significant event’ for the purposes of section 9.  A significant event is defined as meaning an event at a specific location or locations, notified on the ACMA website with the approval of the ACMA Chair as being a significant event.

[2]  Schedule 1, item 8, after the note

Item 2 inserts a new provision in Schedule 1 of the Declaration to exempt persons who perform cabling work to be used for broadcasting at significant events from the requirements to comply with the cabling provider rules.  The exemption provision in item 9 of Schedule 1 will only apply to cabling work performed in Australia where the Chair of ACMA has approved the notification of an event as a significant event on the ACMA website and where the cabling work meets conditions set out in the section.  The conditions are that the cabling work:

(a) is for use in relation to broadcasting content for the duration of a significant event; and

(b) is connected or is for connection to a telecommunications network in accordance with the written consent of the manager of the network; and

(c)  will be completely removed from the various locations of the significant event at the end of the significant event.

If the cabling work fails to meet any of the conditions set out in item 9, the cabling work must be performed or supervised by a registered cabling provider, unless another exemption applies.

The manager of the network is described in section 375 of the Act.