Overview

The Telecommunications (Types of Cabling Work) Amendment Declaration 2005 (No. 1) was enacted under subsection 419 (1) of the Telecommunications Act 1997 to address the gap in regulations concerning the performance of cabling work by overseas broadcasters during significant events in Australia. The Act was introduced by the Australian Parliament to ensure that the performance of cabling work, which is a declared type under the Act, is performed by or under the supervision of a person registered under the Telecommunications Cabling Provider Rules 2000. The policy objective of the amendment is 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. This includes that the cabling work is for use in relation to broadcasting content, is connected to a telecommunications network with the written consent of the network manager, and is removed at the end of the significant event. The Australian Communications and Media Authority (ACMA) consulted with industry in preparing the amendment, and no issues requiring changes to the amending instrument were raised during the consultation process. The amendment provides a broader exemption for cabling work not required to be performed or supervised by a registered cabling provider in accordance with the Rules. It also exempts all broadcasters (both domestic and overseas) from the requirements for cabling work to be undertaken in accordance with the Rules, provided certain conditions are met. This change is similar to an exemption scheme created under the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001, which exempts telecommunications customer equipment and cabling imported for connection at a significant event from complying with Australian labelling requirements. The amendment will have no effect on the implementation of existing cabling compliance arrangements outside of significant events.

Scope and Application

The Telecommunications (Types of Cabling Work) Amendment Declaration 2005 (No. 1) amends the Telecommunications (Types of Cabling Work) Declaration 1997, providing further exemptions from the requirement for cabling work to be performed or supervised by a registered cabling provider under the Telecommunications Cabling Provider Rules 2000. This is applicable for the period leading up to and during significant events, provided specific conditions are met. This legislation applies to persons or entities performing cabling work for broadcasting at significant events in Australia, provided that the events are approved by the Chair of the Australian Communications and Media Authority (ACMA) and are notified on the ACMA website. The amendment exempts both domestic and overseas broadcasters from the requirement to use a registered cabling provider for the duration of the event, as long as the cabling work is used solely for broadcasting content, is connected to a telecommunications network with the consent of the network manager, and is removed at the conclusion of the event. This exemption is limited to Australia and does not affect existing cabling compliance arrangements outside of significant events. The amendment declaration is made under the authority of the Telecommunications Act 1997 and will come into effect on the day after it is registered.

Key Provisions

The main operative sections of the Telecommunications (Types of Cabling Work) Amendment Declaration 2005 (No. 1) (the ‘Amending Instrument’) under the Telecommunications Act 1997 (‘the Act’) are Sections 1 to 3, which detail the name of the declaration, the commencement date, and the amendment of the 1997 Declaration, respectively. Schedule 1 of the Declaration has been amended to include new definitions and provisions that exempt certain cabling work for broadcasting at significant events from compliance with the cabling provider rules (subsection 3(1), Schedule 1, item 1 and item 2). A significant event is defined as an event at a specific location or locations, notified on the ACMA website with the approval of the ACMA Chair (subsection 3(1), Schedule 1, item 1). The exemption applies 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 specified conditions (subsection 3(1), Schedule 1, item 2). The obligations and requirements imposed by the Act on the parties or entities it governs include the prohibition of performing cabling work which is a declared type under subsection 419(1) of the Act unless the work is performed by, or under the supervision of a person who is registered under the Telecommunications Cabling Provider Rules 2000 (subsection 419(1)). The Act requires that cabling work must be performed or supervised by a registered cabling provider in accordance with industry standards, unless an exemption applies (subsection 421(1)). The Act also mandates that the Australian Communications and Media Authority (ACMA) can declare that a specified kind of cabling work is a type of cabling work for the purposes of Division 9 of Part 21 of the Act (subsection 419(1)). Additionally, the Act requires that cabling work is defined as the installation, connection or maintenance of customer cabling which is, or is to be, connected to a telecommunications network or facility (section 418). The Act imposes offences, penalties, or civil/criminal consequences for breach. If cabling work fails to meet any of the conditions set out in Schedule 1, item 9, the cabling work must be performed or supervised by a registered cabling provider, unless another exemption applies. The Act does not specify maximum penalties for breaches of the cabling provider rules; however, it is likely that penalties would be determined by the relevant legislation and jurisdiction. In summary, the Telecommunications (Types of Cabling Work) Amendment Declaration 2005 (No. 1) amends the 1997 Declaration by inserting new definitions and provisions that exempt certain cabling work for broadcasting at significant events from compliance with the cabling provider rules, provided that certain conditions are met. The Act imposes obligations and requirements on parties and entities governed by it, including the prohibition of performing cabling work which is a declared type under subsection 419(1) of the Act unless the work is performed by, or under the supervision of a person who is registered under the Telecommunications Cabling Provider Rules 2000 (subsection 419(1)). The Act also imposes offences, penalties, or civil/criminal consequences for breach, although the specific penalties are not stated in the Act.