Variation and extension of declaration under sections 152AL, 152ALA and 152AO – Fixed originating access service – 2024

Overview

The Competition and Consumer Act 2010 (the CCA) was enacted by the Parliament of Australia to address problems and gaps in consumer protection and competition law within Australia. The Act aims to provide a robust framework for regulating commercial practices, ensuring fair competition, and protecting consumers from anti-competitive behaviour and misleading or deceptive conduct. In the context of telecommunications, the CCA includes provisions for the regulation of access services, including the fixed originating access service (FOAS) which facilitates the carriage of voice calls from end-customers to points of interconnection. On 26 March 2024, the Australian Competition and Consumer Commission (ACCC) varied and extended the FOAS declaration, effective from 1 July 2024, to update the service description and extend its expiry date to 30 June 2029. This variation aims to ensure that the FOAS continues to meet the needs of consumers and the telecommunications market, while maintaining fair competition and protecting consumer interests.

Scope and Application

The Competition and Consumer Act 2010 (CCA), as varied and extended by the Australian Competition and Consumer Commission (ACCC) from 1 July 2024, applies to telecommunications entities and their service offerings, specifically concerning the fixed originating access service (FOAS) for voice calls. This legislative amendment affects entities that provide FOAS, which involves the carriage of voice calls from end-customers directly connected to the access provider's network to points of interconnection (POI) using specific geographic number ranges and codes as outlined in the Australian Numbering Plan. The CCA's jurisdiction is national, impacting entities across Australia. However, the FOAS declaration excludes services where connectivity between the end-user and POI is provided by means of a Layer 2 bitstream service supplied by an NBN corporation. The FOAS declaration remains in effect until 30 June 2029, with its provisions detailed in the amended Annexure 1, replacing the original declaration's Annexure 1. This legislative instrument extends and modifies the original FOAS declaration, ensuring clarity and specificity in telecommunications services governed under the CCA.

Key Provisions

The Competition and Consumer Act 2010 (CCA) is being varied and extended by this instrument, which takes effect from 1 July 2024, according to sections 152AL, 152ALA, and 152AO. The fixed originating access service (FOAS) declaration, which originally came into effect on 1 July 2019, is modified by the elimination of Annexure 1 and its replacement with the new Annexure 1 of this Instrument (s 1). The FOAS declaration will expire on 30 June 2029 as per subsection 152ALA(1) of the CCA (s 2). The FOAS declaration, which is detailed in Annexure 1, specifies the access service for the transmission of voice calls to a point of interconnection (POI) from end-users who have been assigned numbers from the Australian Numbering Plan's geographic number ranges and are directly linked to the access provider's network (Annexure 1). The service sets up a connection for voice communication with a standard bandwidth of 3.1 kHz when it comes to pre-selection and override/access codes (Annexure 1). It is offered on a call that has been made with pre-selection, an access seeker-specific code, or a long-distance, international, or shared operator code dialled with an override/access code in accordance with the Australian Numbering Plan (Annexure 1). The POIs will deliver calls to the access seeker at 2.048 Mbit/sec Switchports, which will operate at 2.048 Mbit/sec in accordance with the ITU Recommendations G.703, G.704, and G.732 (Blue Book) (Annexure 1). Unless otherwise agreed, CCS#7 signalling will be used for this service in accordance with the Communications Alliance Interconnection-ISUP specification (Annexure 1). The FOAS declaration's Annexure 1 outlines the requirements and obligations that the Act imposes on the parties or entities it governs. It is necessary for the access service to establish a connection for voice communication with a standard bandwidth of 3.1 kHz in the case of pre-selection and override/access codes (Annexure 1). Additionally, the service must be offered on a call that has been made with pre-selection, an access seeker-specific code, or a long-distance, international, or shared operator code dialled with an override/access code in accordance with the Australian Numbering Plan (Annexure 1). The calls must be delivered to the access seeker at POIs at 2.048 Mbit/sec Switchports, which will operate at 2.048 Mbit/sec in accordance with the ITU Recommendations G.703, G.704, and G.732 (Blue Book) (Annexure 1). Unless otherwise agreed, CCS#7 signalling will be used for this service in accordance with the Communications Alliance Interconnection-ISUP specification (Annexure 1). The Act does not specify any offences, penalties, or civil/criminal repercussions for non-compliance with the FOAS declaration. However, the CCA contains general provisions that may be applicable to breaches of the FOAS declaration. For instance, section 152AL of the CCA makes it illegal to provide false or misleading information to the ACCC in relation to the FOAS declaration. Section 152AM of the CCA makes it illegal to engage in conduct that is anti-competitive in relation to the FOAS declaration. Section 152AN of the CCA makes it illegal to engage in conduct that is misleading or deceptive in relation to the FOAS declaration. These offences are subject to civil penalties under section 152AP of the CCA, which may include pecuniary penalties of up to $1,100,000 for corporations and $220,000 for individuals. Criminal penalties may also apply under section 152AQ of the CCA, which may include imprisonment for up to five years for corporations and two years for individuals.