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

Overview

The Competition and Consumer Act 2010 was enacted to address the need for fair competition and consumer protection within the Australian market. The Act was introduced to ensure that businesses and individuals engage in fair trading practices and that consumers are provided with adequate protection against misleading and deceptive conduct. The Act is administered by the Australian Competition and Consumer Commission (ACCC) and is supported by the overarching policy objective of fostering a competitive and fair marketplace that enhances consumer welfare. Pursuant to sections 152AL, 152ALA and 152AO of the Act, the ACCC has varied and extended the Fixed Terminating Access Service (FTAS) declaration which took effect from 1 July 2019, with the variation and extension effective from 1 July 2024. The expiry date of the FTAS declaration is now 30 June 2029. This legislative variation aims to maintain the integrity of the telecommunications infrastructure and services provided by updating the service descriptions to ensure they remain relevant and effective in supporting the telecommunications network. The changes to the FTAS declaration reflect the evolving nature of telecommunications services and the need for precise and up-to-date regulatory frameworks. By replacing Annexure 1 of the original FTAS declaration with updated content, the ACCC ensures that the services provided under the declaration are clearly defined and accurately reflect the current operational standards. This amendment is a proactive measure to adapt to technological advancements and industry developments, ensuring that the regulatory framework remains robust and effective in protecting consumer interests and promoting fair competition. The updated declaration specifies the access service for the carriage of voice calls from a point of interconnection to end-customer assigned numbers within the geographic number ranges of the Australian Numbering Plan, directly connected to the access provider's network.

Scope and Application

The Competition and Consumer Act 2010 applies to a broad range of entities, including corporations, individuals, and unincorporated associations, and governs their conduct in relation to trade and commerce within Australia. The Act's application is nationwide, covering the Commonwealth, states, and territories. It provides for the regulation of anti-competitive conduct, consumer protection, and fair trading practices. The Act's provisions can be extended or modified through subordinate legislation, which allows for detailed rules and regulations to be set out without altering the primary Act. Specifically, this variation and extension of the Fixed Terminating Access Service (FTAS) declaration applies to access services for the carriage of voice calls from points of interconnection to end-customer numbers within the Australian Numbering Plan. The declaration, which was initially made in 2019 and has now been varied and extended until 30 June 2029, governs the service descriptions and definitions pertinent to these telecommunications services. The geographic reach of this Act is national, ensuring consistent regulation across all jurisdictions in Australia. There are no exclusions or exemptions specified in this particular variation; however, the overarching Act includes provisions for exclusions and thresholds in various sections.

Key Provisions

The main operative sections of this variation and extension of the Fixed Terminating Access Service (FTAS) declaration are sections 152AL, 152ALA, and 152AO of the Competition and Consumer Act 2010 (CCA). These sections allow the Australian Competition and Consumer Commission (ACCC) to make declarations regarding access services, and the current variation extends the original FTAS declaration made in 2019. Specifically, section 152AL of the CCA provides the basis for the original declaration, while section 152ALA allows for the declaration to be varied and extended. The expiry date for this extended declaration is now 30 June 2029, as per subsection 152ALA(1) of the CCA. The obligations and requirements imposed by this legislation are primarily administrative in nature, focusing on the regulation and oversight of access services for the carriage of voice calls. This includes ensuring that the services adhere to the Australian Numbering Plan and are properly interconnected at designated points of interconnection (POI) between the networks of access seekers and access providers. The new Annexure 1, which replaces the original, provides a detailed service description for the FTAS, ensuring clarity and compliance with the requirements set forth in the CCA and the Telecommunications Act 1997. Any breach of the obligations and requirements set forth in the FTAS declaration could result in enforcement actions by the ACCC. While the specific offences, penalties, or consequences are not detailed in the text, the CCA generally provides for both civil and criminal penalties for non-compliance. Civil penalties can include substantial fines, and in some cases, orders for restitution or compensation. Criminal penalties may include imprisonment for individuals found guilty of breaches, particularly if the breach is deemed to be of a serious or repeat nature. The exact penalties would depend on the specifics of the breach and the provisions of the CCA as they apply to the particular circumstances. In summary, this variation and extension of the FTAS declaration under the CCA aims to regulate access services for voice calls by setting out detailed service descriptions and requirements. The ACCC is responsible for ensuring compliance with these provisions, and breaches could lead to significant civil or criminal consequences as stipulated under the CCA.