Explanatory Statement
Issued by the Australian Communications and Media Authority
Telecommunications (Types of Cabling Work) Amendment Declaration 2010 (No.1)
Telecommunications Act 1997
Purpose
The Telecommunications (Types of Cabling Work) Amendment Declaration 2010 (No.1) (the Amendment Declaration) amends the Telecommunications (Types of Cabling Work) Declaration 1997 (the Cabling Work Declaration) in response to the issuing of an industry guideline by Communications Alliance Limited, (namely Industry Guideline: G642:2010 – Installation of Broadcast Cabling and connection of Digital Broadcast Equipment to a Telecommunications Network (the Industry Guideline)). The Amendment Declaration also makes some minor changes to clarify the policy intent in relation to cabling work performed by end users.
Legislative Provisions
Under subsection 419(1) of the Telecommunications Act 1997 (the Act), the Australian Communications and Media Authority (the ACMA) may, by notice in the Gazette, 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 (Division 9). Section 4 of the Cabling Work Declaration provides that any cabling work which is not of a kind mentioned in Schedule 1 to the Cabling Work Declaration is a type of cabling work for the purposes of Division 9.
A declaration made under subsection 419(1) of the Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Background
The Cabling Work Declaration was made under section 419 of the Act.
If a kind of cabling work is listed in Schedule 1 to the Cabling Work Declaration, that kind of cabling work will not be a type of “cabling work” for the purposes of Division 9. One of the kinds of cabling work listed in Schedule 1 involves customer cabling used by broadcasters or narrowcasters and connected to a telecommunications network by certain analogue customer equipment (Item 1). This type of cabling work is exempted from the requirements of Division 9 if it meets the requirements of the technical standard ACA TS 024-1997.
Cabling work covered by Item 1 is exempted from Division 9 on the basis that the broadcasters and narrowcasters using the customer cabling are a specialised and minor niche sector of the industry that performs a small volume of cabling work compared with the mainstream cabling industry.
Communications Alliance Ltd (CA), the body that represents the Australian communications industry, reviewed the technical standard, ACA TS 024-1997, and found it was out of date as it only applied to analogue video and audio equipment. Consequently, broadcasters or narrowcasters performing cabling work for connection of customer cabling to the telecommunications network by digital customer equipment would not be covered by item 1 of Schedule 1 to the Cabling Work Declaration, and cabling work of this kind would therefore be subject to the requirements of Division 9.
CA convened the Working Group WG29: Broadcaster Interface to determine the appropriate mechanism to cover cabling work performed by broadcasters or narrowcasters for connection of digital equipment to the telecommunications network.
The Working Committee WC18: Digital Broadcast Interface was subsequently established to develop the technical requirements for the Industry Guideline.
Public Consultation
CA has conducted a public comment process on the making of the Industry Guideline. The draft Industry Guideline was issued for Public Comment on 11 December 2009 for 49 days.
Copies of the draft Industry Guideline were issued to CA members, members of the CA Customer Equipment and Cable Reference Panel and CA Working Committee WC18 Digital Broadcast Interface. A copy of the draft Industry Guideline was also available on the CA website during the public comment period. This electronic copy was downloadable free of charge. Copies were also made available to interested parties who made contact with CA.
The draft Industry Guideline was also promoted through the following media and advocates: CA newsletter We Communicate, The Australian newspaper and through Standards Australia publications.
Two submissions were received and considered by CA, neither of which were adverse. All comments were administrative or editorial in nature.
On 26 July 2010, CA made a submission to the ACMA recommending that the Industry Guideline be referenced in the Cabling Work Declaration.
Given that public consultation on the Industry Guideline has already been undertaken by CA and the outcome of those consultations have been considered by the ACMA, the ACMA did not consult further on the Amendment Declaration.
Regulation Impact
The ACMA consulted with the Office of Best Practice Regulation (OBPR) regarding the Amendment Declaration. OBPR confirmed that the amendments would have minor and machinery impacts on industry and that a formal regulatory impact statement (RIS) would not be required.
The OBPR RIS exemption number is ID 11823.
Notes on the instrument
Section 1 – Name of the Declaration
Section 1 provides that the name of this Amendment Declaration is the Telecommunications (Types of Cabling Work) Amendment Declaration 2010 (No. 1).
Section 2 – Commencement
Section 2 provides that the Amendment Declaration commences on the later of:
(a) the date it is registered; and
(b) the date of its gazettal.
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 Amendments
Item [1]
This item contains definitions that are relevant to the amendments made by the Amendment Declaration.
Item [2]
This item inserts a Note that informs readers that a number of terms referred to in the Cabling Work Declaration are defined in the Act.
Item [3]
This item amends subsection 3(2) to provide that references to Australian Standards or Industry Guidelines are to those documents as in force from time to time.
Item [4]
This item substitutes paragraph 1(c) of Schedule 1.
Subparagraph 1(c)(i) covers the original analogue scenario. Subparagraph 1(c)(i) largely reflects what was previously paragraph (c) of item 1 of Schedule 1; the only change being to correct what was previously an error in the citation of “ACA TS 024-1997”.
Subparagraph 1(c)(ii) covers the digital scenario. The effect of subparagraph 1(c)(ii) will be to remove from the scope of Division 9, cabling work that involves customer cabling that is used by broadcasters or narrowcasters, has the appropriate labelling applied in accordance with an instrument made under Division 7 of Part 21 of the Act, and is either installed and connected to a telecommunications network in accordance with the Industry Guideline (which deals with the installation and connection of digital equipment and cabling to a telecommunications network) or in accordance with written consent of the kind described in clause 3.1.1 of the Industry Guideline.
The Industry Guideline can be downloaded from the Communications Alliance website – www.commsalliance.com.au.
Item [5]
This item substitutes item 4 to reflect two changes. The first is to rectify a typographical error that was in the original drafting of item 4 – item 4 should have referred to “connection” rather than “installation”. The policy intent had been that end users may perform basic cabling work that only involves the simple “connection” (not “installation”) of associated customer equipment. The substituted item 4 reflects that policy, by referring to “connection”.
The second change is to remove the old subparagraph 4(b). The old subparagraph 4(b) stated “the Act does not require the person installing the associated customer equipment to have a cabling licence or cabling registration”. This was circular because a person performing a type of cabling work would be required to have a cabling licence or cabling registration, but for its inclusion in Schedule 1. This requirement was not reproduced in the new Item 4 because of this circularity.