Another busy month for IAA’s policy team as we work on responding to key submissions and holding the first Public Policy Advisory Panel meeting of 2023. As always, please feel free to share any concerns or comments regarding public policy areas affecting the Internet community. 

Completed Submissions

Proposed Variation to the NBN Co Special Access Undertaking | ACCC
Since withdrawing its proposed SAU in July 2022, NBN Co submitted its revised SAU proposal in November 2022. The ACCC is seeking views on whether it should accept the new SAU. While the latest SAU proposal definitely demonstrates some improvement, IAA still indicated some concerns primarily regarding its pricing model, and service quality and standards.

Digital Platforms: Government Consultation on ACCC’s Regulatory Reform Recommendations – Consultation Paper | Department of Treasury
Following the ACCC’s report on Digital Platforms in late 2022, the Treasury sought views on introducing new regulation based on the ACCC’s recommendations. Our response primarily emphasised the critical importance of distinguishing ISPs from digital platforms as the ‘pipes’ of the Internet to ensure telco providers are not subject to any new regulations.

Record Keeping Rule – NBN Service Performance | ACCC
The ACCC held a consultation for a development of a Record Keeping Rule (RKR) for NBN Co’s service performance. The Consultation Paper also sought views on applying comparable regulation for SBAS providers. In general, IAA supported the development of RKRs for both NBN Co and SBAS providers to ensure transparency and accountability of the provision of NBN and SBAS services. RSPs are often blamed for service faults by consumers, but public reporting made mandatory by RKR can help increase awareness and understanding in the consumer base of underlying network issues affecting their services, and in turn, force NBN Co and SBAS to improve their service provision.

Open Submissions 

Copyright Enforcement Review 2022-2023 | Attorney General’s Department | 7 March 2023
The Attorney General is reviewing Australia’s copyright enforcement regime. Following recent court cases involving various ISPs and entertainment companies regarding website blocking, a review into Australia’s copyright regime seems indeed necessary to develop a more robust and efficient framework.

Privacy Act Review Report 2022 | Attorney General’s Department | 31 March 2023
Continuing its review since 2020, the Attorney General has issued its Privacy Act Review Report, seeking feedback on 116 recommendations. This Report follows recent high-profile data-breach incidents that occurred in late 2022, which brought to light major issues regarding Australia’s privacy framework. As data becomes increasingly commodified and important in today’s digital age, IAA is committed to contributing to the development of a privacy regime that is effective but measured.

Euro-IX, the association of European Internet Exchange Points, expressed their concerns about the ‘Sending Party Network Pays’ model and its potential impact on IXPs. In a letter sent to the EU in early January 2023, Euro-IX opposed the ‘fair share’ argument that proposes Big Tech should pay network costs to telcos to help fund network maintenance and upkeep. 

This has been a complex issue that has continued to trouble policymakers and industry. Euro-IX recognised the need of some form of regulatory adjustment to address the issue of great network costs that operators face, but raised concerns about the SPNP model, including: 

• Increased costs of concluding interconnection agreements.
• Inhibiting networks’ choice to peer.
• Reduced interconnection density and quality of service for end users.
• Replacement of the current market-based model for interconnection with a highly regulated market wherein administrative rules rather than technical considerations become the primary determinant of interconnection decisions. 
• Accidental creation of new systemic weaknesses in critical infrastructure.  

Pointing to the recent case of South Korea, where mandatory termination charges have resulted in reduced service quality and security, Euro-IX warned that regulation as proposed by SPNP would ‘… be detrimental to the correct functioning of the Internet connectivity and peering market and distort competition therein’. 

As this continues to be a live debate, we will have to keep an eye out for developments in Europe to see how the policy landscape may change in Australia. 

You can read Euro-IX’s letter on our website.  

The ACMA announced changes to Australia’s Telecommunications Numbering Plan in December 2022, as per the Telecommunications Numbering Plan Variation 2022 (No. 1). The Variation intends to support the improvement of the allocation of phone numbers to reduce scam activities.

Substantive changes include:

• A new voluntary short-code 7226 (SCAM) for telecommunications providers to use to help consumers report scam calls and SMS that can be actioned directly to their provider.
• New powers for the ACMA to withdraw phone numbers that have been used for scams or other fraudulent activity.
• Smaller block-sizes of numbers (10,000) to be allocated to telecommunications providers from 17 April 2023 to assist competition and the efficient use of numbers in the industry.
• New number ranges in specified locations to cater for future demand.

The ACMA held its consultation on the Variation in late October 2022. You can read IAA’s response on our website. Of the variations, 3 are intended to be short-term measures to improve the framework prior to a more comprehensive review of the Plan, which will be conducted before the Plan expires in 2025.

It’s been all systems go from the beginning of this year on the public policy front! From consultations on policies and legislation affecting the telecommunications sphere such as NBN, USO and information sharing, to meetings with government and other industry stakeholders. In 2023, IAA will continue to represent our members and the general wellbeing of the Internet and Internet industry.

Completed Submissions

C647 NBN Co Access Transfer Code | Communications Alliance

Communications Alliance and the Working Committee have drafted an Industry Code regarding NBN Co Access Transfers. Among other changes, the Code will mandate provisioning customers with AVC IDs so they can be used when transferring NBN services. This is intended to stop non-authorised transfers. Our response expressed our overall support for the Code but made some recommendations to improve its clarity, as well as regarding the retention of personal information to better encourage best practice privacy measures.

Telecommunications Universal Obligation (Standard Telephone Service – Requirements and Circumstances) Determination 2022 | Department of Industry, Transport, Regional Development, Communications and the Arts

The Draft Determination pertains to the USO for the supply of a standard telephone service. In our submission, we noted our support for the USG over the USO given the contemporary technological landscape. However, in light of the USO continuing, we made recommendations to improve the clarity of the instrument so that customers will not be unreasonably denied service due to unclear legislation.

Telecommunications Legislation Amendment (Information Disclosure, National Interest and Other Measures) Bill 2022 | Senate Standing Committee on Environment and Communication

Among other changes, the Bill primarily seeks to remove the need for an ‘imminent’ threat to a person’s life or health in order for information to be disclosed to law enforcement and emergency services agencies. To ensure sufficient oversight in light of this significant change, there will also be changes to record-keeping rules for telecommunications providers. In our submission, we noted that only a targeted consultation was conducted, despite the changes affecting all telecommunications providers. As such, we recommended greater engagement measures to be taken to ensure sufficient awareness raising and guidance for industry to implement the changes once legislated.

Open Submissions

Record Keeping Rule for fixed line superfast broadband networks | ACCC | 10 February 2023

ACCC is developing the RKR for NBN Co regarding its service quality and network performance.

Digital Platforms: Government consultation on ACCC’s regulatory reform recommendations | Treasury | 15 February 2023

The Treasury is seeking views on the ACCC’s recommendations for the regulation of Digital Platform Services as per the inquiry since 2020.

NBN Co SAU variation (November 2022) | NBN Co & ACCC | 17 February 2023

NBN Co have lodged their revised SAU variation with the ACCC following consultation regarding its previous SAU variation, which was withdrawn in July.

The SAU variation includes changes to product and pricing commitments, the framework for NBN Co’s cost recovery, rules for how the ACCC assesses network expenditure and the service standards framework.