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REMINDER: Prepare Asset Information Under New Obligations

Under a new carrier licence condition and determination for eligible CSPs, telcos must provide the CISC with operational information in relation to their telecommunications assets, so it can be included in a register by 7 October 2022. Where an entity other than a carrier or eligible CSP holds a direct interest of at least 10% or a controlling stake in an asset, information about the interest and control in the asset must also be reported.

An ‘asset’ is defined to be a tangible asset owned or operated by a carrier/eligible carriage service provider and is used to supply a carriage service. It does not refer to equipment on customers’ premises. According to industry de-briefs, an asset can be thought of by way of an analogy – the entire car as opposed to the individual components that make up the motor vehicle.

Please visit the CISC website for further information.

NBN Co Revised SAU Seems More Promising, but Concerns Still Remain

NBN Co is now working on the revised Standard Access Undertaking after withdrawing its previous SAU, which was met with industry-wide criticism in late July.

Its discussion paper released earlier this month is a lot more promising and includes a number of changes that which industry has been largely supportive of, notwithstanding remaining concerns on issues such as potential price rises, transparency surrounding NBN Co’s costs, and industry’s expectations for service standards commensurate to capex and thus increase in prices for RSPs.

The ACCC held an industry forum from 18-19 August to which IAA and various other industry representatives were invited. The forum allowed for open and frank discussions and was a great chance for industry to address remaining issues.

NBN Co hopes to release its revised SAU in late October. Submissions for its discussion paper outlining its proposed changes are due on 2 September.

Check out IAA’s media release in response to NBN Co’s SAU withdrawal in July, highlighting our position.

Internet Association of Australia calls for an nbn framework that prioritises fit-for-purpose internet for all Australians

28 July 2022

The Internet Association of Australia Ltd (IAA) today supports Communications Minister Michelle Rowland in rejecting NBN Co’s proposed variation to the Special Access Undertaking (SAU). As NBN Co looks to re-start the process, IAA calls for a new approach to the framework that prioritises providing all Australians with internet access that is affordable and fit-for-purpose.

IAA welcomes the Minister’s call that the SAU variation should reflect changes in the policy landscape where NBN Co will remain in public ownership for the foreseeable future.

“This is a good opportunity to hold NBN Co to its fundamental purpose for existence and create the SAU accordingly,” said IAA CEO, Narelle Clark. “This national resource should be geared appropriately to providing high-speed, high-quality broadband to sustain Australian lives and economy.”

The Minister’s letter to ACCC expressed the view that consumers and businesses are primarily concerned with the quality and service of NBN.

“NBN Co’s proposed SAU did not add any commitment to improve its performance against standards,” said Clark. “This would hurt both RSPs and the broader Australian public as prices for NBN would have kept rising despite failure deliver service and sub-par technology choices. RSPs have long been blamed for NBN Co’s shortcomings. NBN Co should take a more holistic consideration of end-user reliability to fulfil its role.”

IAA acknowledges a SAU variation is necessary given the changes to the technological landscape. “We look forward to continue engaging with NBN Co, the ACCC, industry and other stakeholders to ensure an SAU variation that best serves Australians and our economy,” said Clark.

July’s Advocacy Corner Update

The recent activation of the Telecommunications Sector Security Instruments on 7 July came as a surprise to the public policy team. The unexpected commencement of new obligations took up much of our attention this month, attending industry debriefs and preparing material to assist members with compliance. We have also continued consulting with members to prepare our submission on the NBN Co Standard Access Undertaking (SAU).

Recent Submissions:
Proposed NBN Co SAU Variation | ACCC
Given the recent change in government, our submission addressed this as an opportunity to reassess NBN Co’s reason for existence and argued that the proposed SAU variation should be considered in this light. We emphasised the purpose of NBN Co is to provide high-quality, reliable and accessible broadband, rather than NBN Co’s seeming focus of not mere cost recovery but going beyond to make even more revenue. Thus, we recommended the ACCC not accept the proposed variation on the grounds that it does not promote the long-term interests of the end user, as well as negatively affecting RSPs. 

Proposed Fees for Service 2022-23 | ACMA
We noted the significant increase in costs for a carrier licence application as well as charges for the telecommunications sector and requested further explanation and breakdown to justify any increase in ACMA’s fees. 

Open Submissions:
Incorporating QR codes into the telecommunications labelling arrangements | 19 August 2022
ACMA is proposing to amend the Telecommunications Labelling Notice to include QR codes to align labelling requirements with those under the Radiocommunications Act. This is to provide consistency and flexibility for suppliers in the Australian market and enable suppliers to comply with the requirements.

ACMA has also identified three telecommunications technical standards that relate to outdated technology, or withdrawn industry standards, which they are also proposing to be repealed.

 

June’s Advocacy Corner Update

Completed Submissions
Telstra-TPG Merger Authorisation | ACCC
In our response to the Commission’s consultation regarding the merger authorisation requested by Telstra and TPG, we noted our general support for the principle of open access provided at a fair cost, while bringing attention to the potential risk of adversely hindering competition through entrenching dominant players in the market. Overall, IAA believes that any infrastructure built with public money should be open to all relevant and qualified telecommunications providers to access. 

National Data Security Action Plan | Department of Home Affairs
The National Data Security Action Plan is in a very early stage of development. In our response, we focused on the need for government to clarify the policy context surrounding data security for the telecommunications sector. We called for greater meaningful engagement with the sector, and support for businesses to encourage collaboration.  While we acknowledge the need to ensure Australia’s data security, it is imperative that this takes a multistakeholder approach, and that the Action Plan is cohesive, clear and effective. 

Open Submissions
NBN Co. SAU Variation | ACCC | 8 July 2022
The ACCC is seeking submissions to its report on NBN Co.’s SAU Variation. The proposed variation from NBN Co includes product and pricing commitments, changing the framework for NBN Co’s cost recovery, and incorporating fibre-to-the-node and other copper-based technologies to create a single regulatory framework for all technologies. We are still keen to hear from any members with views on this important topic, as we know it is a highly contentious matter! 

Customer Identity Authentication – What you Need to Know

On 8 April 2022, the Australian Communications and Media Authority (ACMA) introduced a new set of rules, the Telecommunications Service Provider (Customer Identity Authentication) Determination 2022. These new rules are intended to protect customers from identity fraud scams that occur over telecommunications networks, including unauthorised mobile porting and unauthorised SIM swap scams.   

The new rules come into effect on 30 June 2022, and a number of our members will be affected by the changes. To ensure a smooth transition, we’ve prepared a whitepaper – Understanding Customer Authentication – that provides guidance to better understand and implement these new rules prior to their commencement on 30 June 2022. If you would like to discuss the rule changes or the paper further, please get in contact with our policy team at policy@internet.asn.au.  

Open Submissions – June

National Data Security Action Plan | Department of Home Affairs | 10 June 2022
The Department of Home Affairs is calling for submissions for the development of the National Data Security Action Plan. They seek to explore with industry and state and territory governments how Government and industry can meet data security expectations, how responsibilities can be best assigned to keep Australians’ data safe, and how Government, businesses and individuals can share responsibility for data security in the future to get the best outcome for everyone.

NBN Co. SAU Variation | ACCC | 8 July 2022
The ACCC is seeking submissions to its report on NBN Co.’s SAU Variation. The proposed variation from NBN Co includes product and pricing commitments, changing the framework for NBN Co’s cost recovery, and incorporating fibre-to-the-node and other copper-based technologies to create a single regulatory framework for all technologies.

May’s Advocacy Corner Update

Given the recent federal election, IAA’s policy team has largely worked on publications related to the election in May. We published our 2022 IAA Election Wish List, outlining the policies we would like to see adopted by the political parties. We also released our 2022 Election – Policy Assessment evaluating the policy platform of the major political parties in comparison to our Election Wish List. 

Unrelated to the election, we also released a Customer Identity Authentication whitepaper to provide information and guidance on the new ACMA rules and steps that members will need to implement in order to ensure compliance with the new rules by 30 June 2022. We hope you find this guide useful. 

5 Year Independent Review | Telecommunications Industry Ombudsman
In our submission to the Independent Review, we raised the concerns of industry, particularly relating to the inherent issues in the TIO’s complaints handling structure and costs model. We noted that this inherently affects the ability of the TIO to meet industry benchmarks. 

Statutory Review | Department of Treasury
We primarily focused on the need to ensure that the costs to industry are being properly considered and that there is a commitment to ensuring rules will realise actual benefits for consumers. 

Industry Guidance on the Carrier Separation Rules | ACCC
In our response, we raised attention to obligations not specified directly in the rules but contained in the written notice to avoid any confusion.  

 

Internet Association of Australia Grant Major Parties a ‘Conceded Pass’

The Internet Association of Australia Ltd (IAA) has released today its assessment of the major political parties’ policy platforms for the upcoming federal election, finding none measure up to the reasonable expectations of the internet industry.

IAA has evaluated the policy platforms of the major political parties against the IAA Election Wish List released last week. The assessment tables where each party meets – or falls short – of these expectations for a healthy and vibrant internet for Australia.

“The Assessment indicates there is little difference between each party’s platform. We commend them for their general support for expanded services, and the investment in improvements to the underlying infrastructure performance, however none succeed in addressing structural issues across the industry” said IAA CEO, Narelle Clark. “Our Election Wish List details how government should rebuild industry-government trust, improve access to market for small ISPs, improve NBN performance, improve connectivity for rural and regional areas and address skills shortages. These are the barest minimum and vital for the future of the industry. As such it is a Conceded Pass.”

Both the ALP and LNP coalition indicate strong support for improving NBN performance, and increased connectivity for regional and rural Australia, but lack assuring the industry that regulation and rule-making processes will be simplified to reduce burdens for industry.

“The last two years have more than demonstrated how vital a strong internet industry is to Australia. IAA therefore calls upon all parties to take steps and commit to meaningful, good faith engagement with the industry, regardless of the election result,” said Clark. “Regulatory reviews that fail to take into account industry security, privacy and operational concerns do not protect the nation.”

The technology sector is reported to contribute to 8.5% of Australia’s GDP and this is expected to greatly increase if Australia is to catch up and become a global leader in the digital economy. As both industry and government look to ensure the health of Australia’s internet industry to ensure a thriving economic future, the policies pursued by any government will play an immense role in protecting and growing the internet sector.

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