EXPLANATORY STATEMENT
Telecommunications (Consumer Protection and Service Standards) Act 1999
Universal Service Areas Determination (No. 1) 2001 (Amendment No. 1 of 2001)
Issued by the authority of the Minister for Communications, Information Technology and the Arts.
This Determination is one of a series of instruments that give effect to the Government’s decision to pilot multi-provider competition in the supply of the universal service obligation (USO). The objective of this decision is to bring about greater competition in the supply of USO services and thus deliver greater service choice and better service standards for regional consumers.
On 23 August 2000 the Government announced USO contestability would be piloted in two regions located in:
- central-west and south-west Victoria and south-east South Australia; and
- north-east New South Wales and inland south-east Queensland.
The Universal Service Areas Determination (No. 1) 2001 (Amendment No. 1 of 2001) amends the Universal Service Areas Determination (No. 1) 2001 to determine a further 15 universal service areas in the New South Wales – Queensland pilot area in which the USO relating to the standard telephone service is made contestable.
Clause 1 – Name of Determination
Clause 1 provides for the citation of the Determination.
Clause 2 – Commencement
Clause 2 provides that the Determination commences on 1 July 2001.
Clause 3 – Variation
Clause 3 provides that the Universal Service Areas Determination (No. 1) 2001 made by the Minister on 11 April 2001 and notified in the Gazette on 26 April 2001 is varied as set out in Schedule 1 to the Determination.
Schedule 1 – Amendments
Item [1]
After the table under paragraph (a) of Schedule 1 Universal service areas, another table is inserted which determines a further 15 universal service areas in the New South Wales Queensland pilot area. Each universal service area is described by a group of census collection districts, which together comprise the universal service area.
Under clause 4 of the Contestable Service Obligation Determination (No. 1) 2001 the standard telephone service is determined as a contestable service obligation in these universal service areas from 1 July 2001.
Item [2]
After Schedule 2, Schedule 3 is inserted. Schedule 3 consists of a map indicating the location of the additional 15 universal service areas.
Overview
The Telecommunications (Consumer Protection and Service Standards) Act 1999 was enacted to ensure the provision of universal telecommunications services to all Australians, particularly those in regional and rural areas, and to establish service standards. One of the measures under this Act is the Universal Service Areas Determination (No. 1) 2001 (Amendment No. 1 of 2001), which was issued by the Minister for Communications, Information Technology and the Arts. This amendment aims to address the gap in competition and service standards for the universal service obligation (USO) by piloting multi-provider competition in selected areas. The policy objective is to introduce greater competition in the supply of USO services, thereby enhancing service choice and improving service standards for regional consumers.
The amendment to the Determination specifically targets additional universal service areas in the New South Wales–Queensland pilot region, making the standard telephone service contestable in these areas from 1 July 2001. This initiative is intended to deliver better outcomes for consumers in these regions by encouraging competitive practices among service providers.
Scope and Application
The Universal Service Areas Determination (No. 1) 2001 (Amendment No. 1 of 2001) applies to the specific geographic regions identified in the determination, namely additional areas in the New South Wales – Queensland pilot zone where the universal service obligation (USO) relating to the standard telephone service is to be made contestable. This amendment extends the original determination by specifying a further 15 universal service areas within this pilot area, thereby enhancing the scope of the regions where competition for providing USO services is encouraged. The amendment is intended to foster greater competition, resulting in increased service choices and improved service standards for consumers in these areas. The geographic reach of this determination is limited to the specified areas within New South Wales and Queensland. The commencement date for this amendment is 1 July 2001, as outlined in Clause 2 of the determination. Any changes or further specifications regarding the implementation and administration of the USO in these areas may be detailed in subordinate instruments issued under the authority of the Minister for Communications, Information Technology and the Arts.
Key Provisions
The Telecommunications (Consumer Protection and Service Standards) Act 1999, as amended by the Universal Service Areas Determination (No. 1) 2001 (Amendment No. 1 of 2001), outlines the framework for pilot multi-provider competition in the supply of universal service obligation (USO) services. The Act aims to enhance competition, provide greater service choice, and improve service standards for consumers in specified regional areas. The Amendment introduces additional universal service areas in New South Wales and Queensland, where the standard telephone service is to be made contestable (Clause 3). This change is intended to foster competition and potentially improve service quality in these regions (Clause 4).
The Act imposes specific obligations on telecommunications service providers operating within the newly designated universal service areas. Providers must comply with the contestable service standards as outlined in the Contestable Service Obligation Determination (No. 1) 2001. These standards are designed to ensure that consumers in these areas receive a high level of service, with particular attention to reliability, availability, and quality of service (Clause 4). Additionally, providers must adhere to the provisions of the Universal Service Areas Determination, which detail the geographical scope and parameters of the pilot areas.
Failure to comply with the requirements set forth in the Act and the Determination can result in various consequences. While specific penalties are not detailed in the provided text, breaches of telecommunications regulations typically carry significant administrative, civil, or criminal penalties. In general, non-compliance may lead to enforcement actions by the relevant regulatory authorities, including fines, orders for corrective action, or more severe penalties in cases of willful or repeated violations. The exact nature and severity of penalties would depend on the specific circumstances of the breach and the discretion of the regulatory bodies overseeing the enforcement of the Act.