IAA Newsletters
We achieved an aggregate peak data flow of over 500 Gbps across NSW-IX. This occurred on Wednesday 16 November when Call of Duty: Warzone 2 was released on Steam – the game data was served to members from our Steam content caches.
IAA has never had that much traffic across NSW-IX (or indeed any single IX) in our history. Not bad for our second-youngest IX, which is already our largest by data volume.
It’s great news for members as it’s further evidence that getting data via settlement-free peering means a massive reduction in expenditure on internet-transit costs.
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While we’re sure we would all like to pretend that the telecommunications sector’s participation and compliance with the Consumer Data Right (CDR) won’t be mandatory, that’s far from the truth.
According to the draft rules, telcos with at least 30,000 services in operation will be subject to the scheme with smaller telcos able to elect to participate in the scheme, which will apply to fixed internet services and public mobile services.
While the rollout timeline does not yet specify the telco sector, the Department of the Treasury continue to work on the standards and rules which will apply. We do know that once the rules come into place, the implementation will be through a 2-part process, requiring Telstra, Optus and TPG to be subject to the obligations, followed by the rest of applicable telcos in the second tranche.
We encourage you keep an eye on the development of the standards and rules and respond to the consultations where you can.
The rules will be in place with your compliance mandatory before you know it…
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The government has passed legislation that will amend the Competition and Consumer Act 2010, which includes the Australian Consumer Law (ACL). The new amendments, which will come into effect from late 2023 (12 months after Royal Assent), include big changes, primarily with respect to penalties for anti-competitive conduct and breaches of the ACL.
The amended maximum penalties will be the greater of $50 million, if the court is able to calculate the value of the benefit, then 3 times that amount, or if the court is unable to calculate the value of the benefit, 30% of adjusted annual turnover during the period in which the breach occurred. These represent significant fines, so it is important to check your current contracts.
The ACL’s unfair contract terms regime will also expand ‘standard form’ contracts and ‘small business’ contracts, meaning you may now find that your business falls under the regime.
As the amendments don’t kick in for another 12 months following Royal Assent, this period is intended to allow businesses time to review their contracts. It will also only apply to new contracts (and renewals) entered into on or after the legislation comes into effect.
We recommend that affected members seek legal advice to ensure your contracts are free of unfair contract terms before the amendments come into effect, so you aren’t subject to these hefty fines.
Please note that the contents of this article do not constitute legal advice and are not intended to be a substitute for legal advice. You should seek legal or other professional advice in relation to any matters you or your organisation may have.
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The policy team met with NBN Co to discuss their preliminary questions before the launch of their Low-Income Forum. The Forum aims to address the issues facing low-income and other vulnerable consumers with respect to the provision of NBN Co products and services. The Forum will likely kick off in 2023 Q1.
We emphasised that the focus should be on ensuring concrete changes to NBN Co products, features, processes and services so they work efficiently for both consumers and industry. In this way, there will not be any need to develop specific low-income products. RSPs should not need to get involved in determining whether a consumer is a low-income, or an otherwise vulnerable, consumer. We took the view that if services are easy and affordable for industry to get, operate and offer, consumers will also be able obtain affordable and reliable services.
In response to their question as to the scope of the Forum, we suggested that while the primary remit should be NBN Co products and services, this sort of forum could present a good space for industry and other stakeholders to address issues concerning low-income consumers and telecommunications services that could be fed back to government, which they could then use to develop funding, educational and/or awareness programs and services.
NBN Co is considering what sort of form the Forum will take, with the likely view that there will be specific working groups for different issues including the appropriate stakeholders. IAA will continue to be involved to represent our members on matters that affect RSPs. If you have any thoughts or concerns, please get in touch!
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The Public Policy Advisory Panel plays a fundamental role in informing IAA’s advocacy work. The Panel began in 2022, with the first meeting being conducted in April. Since then, IAA’s policy team have established its public-policy principles, released various educational material, responded to over 15 consultations and made a genuine impact in policy affecting the telecommunications sector.
In our last meeting for 2022, we had a chance to review and consider with the Panel the strategy and focus of IAA’s policy work for the future; our stance on Australia’s privacy and security regimes that is likely to continue being points of focus in the next year; and other policy areas of concern for Panel members. We were also grateful to have APNIC speak to us about its policy development process and consider areas that may be useful for IAA to be involved where IAA’s members are concerned.
We are very grateful for each Panel members’ time and assistance over the past year and very much looking forward to continuing our advocacy efforts with their help in 2023!
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It has been another busy month for the policy team, from responding to consultations and meeting with NBN Co over the launch of the Low-Income Forum to holding our last IAA Public Policy Advisory Panel meeting for the year – while 2022 may be coming to a close, there’s still lots of work being done on the public policy front. Make sure to read our articles for more information on the work we’ve been doing this month. As always, if you would like to discuss any of the below reforms or if there are any other policy areas/issues of concern, please feel free to shoot us an email.
Completed Submissions
Variation of the Telecommunications Numbering Plan 2015 | ACMA
We didn’t see any substantive issues arising from ACMA’s proposal to vary the Telco Numbering Plan. However, if these variations are effected, this may mean some changes for the industry and your business, such as an obligation for donor CSPs to check the registration status of other CSPs to which they have assigned numbers. As such, we primarily advocated for ACMA to ensure efficient and reliable notification mechanisms and to conduct an awareness campaign to ensure CSPs are aware of any new obligations or systems. The Numbering Plan is set to sunset in 2025 and so we anticipate there will be further reforms in the future.
Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 | Attorney General’s Department
In our response to this fast-tracked legislation, we raised our concerns about the government’s focus in the wake of the recent major data breaches in Australia. While IAA acknowledges the importance of having adequate laws to ensure a strong security posture, we are concerned about the efficacy of the Bill. The Bill, which was further reviewed by the Senate Committee on Legal and Constitutional Affairs at a public hearing on 17 November, is primarily focused on increasing penalties for serious and/or repeated breaches of the privacy regime. However, this suggests that many companies are wilfully negligent about their privacy obligations. We argued that companies, particularly smaller businesses, struggle with the complexity of regulation and the lack of sufficient training and resources provided. Meanwhile, the sophistication and frequency of attacks only increases. We emphasised that the more pressing issues that require government attention are clarifying different regimes that mandate how much data companies should collect and retain, and provide support, particularly to small businesses, to ensure improved security and privacy practices. As the Privacy Act is still undergoing review by the AG Department with the Government report expected by the end of the year, IAA will continue to be involved in ensuring the development of an effective and practical privacy regime in Australia.
Open Submissions
WBA5 – First Consultation Paper on Implementing a Varied SAU | NBN Co | 6 December 2022
The NBN Co has issued its first consultation paper detailing some of the prioritised changes that will be implemented by the varied SAU. If you have any comments on these changes you would like us to include in our submission, please contact us.
Utilisation-based billing: NBN will change the TC4 Billing Model from ‘provisioned’ CVC to ‘utilised’ for TC-4 Bundling so that RSPs no longer have to actively forecast and manage CVC provisioning and will only be charged for what is utilised.
CVC inclusions adjustment: defined rules for bi-annual adjustments to CVC inclusions reflecting actual changes in end-user download usage over time for TC4 Bundled Offers.
Voice-only bundling offering: new voice-only $12/month at 12/1Mbps speed tier. Different prices applying to voice online and broadband will be based on a threshold data test.
Overbooking of CVC TC4 on NNI: NBN Co will allow RSPs to order aggregate CVC TC4 capacity in excess of NNI capacity.
Overage waiver: during the transition between bundled TC4 to flat rate offers, the overage waiver will be modified by changing the waiver threshold.
Superfast Broadband Access Service Final Access Determination Inquiry | ACCC | 9 December 202
The ACCC has released its draft decision on the SBAS Determination. The new measures proposed include regulation of access prices at the 50/20 Mbps speed tier, and charges for customer connections, transfers and appointments. There are also new requirements purported to improve the transparency of SBAS network performance and reliability.
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Here we are in the home stretch into the silly season. Of course, you’re all joining us for our End of Year events, aren’t you!?!?
I’m left wondering which government department will issue a request for comment in the week before shutdown. I suspect the Privacy Legislation amendments will be waved through, meaning we can all look forward to seeing penalties up to 30% of annual turnover and the predictable quirks of legislation passed without fully considering all the feedback.
The team have been working hard to upgrade a few links and switches here and there, and I still have one or 2 external presentations to give before we wrap up for the year. I am very proud of all the work the IAA staff have done this year – that portal for starters is a breath of fresh air! We do appreciate it when members uncover things we hadn’t expected, so please do let us know if something doesn’t quite work the way you’d like.
Our Public Policy Advisory Panel met last month, and my goodness the topics were controversial: NBN SAU, Privacy changes, the consumer-data right, low-income measures, critical-infrastructure (risk) measures… Each of these triggered a passionate discussion, which means we are looking carefully at all of these topics. We’re definitely trying to track the new risk-management framework closely so that we can appraise our members of the best approach to new obligations when they inevitably appear!
Don’t forget the end-of-year embargo, and of course don’t forget to take some time off over the end of the year! After coming to our events, of course!
All the best
Narelle
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October continued to be a busy month for IAA’s policy team, keeping up to date with industry news and legislative reforms on the horizon while attending meetings and regulatory information sessions. We expect we will continue to be busy, particularly responding to consultations surrounding privacy in the wake of the Optus data breach.
IAA’s Policy Officer also moderated a NetThing panel discussion on 28 October on ‘Defamation for ISPs and Other Internet Intermediaries’. Read more about it here.
As always, if you would like to discuss any of the below reforms or if there are any other policy areas/issues of concern, please feel free to shoot us an email.
Open Submissions
Telecommunications Numbering Plan Variation 2022 (No. 1) | ACMA | 4 November 2022
ACMA is proposing changes to the Telecommunications Numbering Plan 2015. Changes include CSPs requiring registration before being assigned numbers, decreasing the size of the standard unit for premium rate and mobile numbers from 100,000 to 10,000 and removal of the Location Independent Communications Services.
Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 | Attorney General | 7 November 2022
In response to the Optus data breach, the government is looking to increase penalties for serious or repeated privacy interferences, expand the Australian Information Commissioner’s enforcement powers, and provide the Commissioner and ACMA greater information sharing powers.
Draft SOCI Risk Management Rules 2022 | Department of Home Affairs | 18 November 2022
Following the recent amendment of the Security of Critical Infrastructure Act earlier this year, one of the new obligations is for critical infrastructure assets to have and comply with a critical infrastructure Risk Management Program. These draft rules will set out the specific requirements of this new obligation.
Completed Submissions
5 Year Productivity Inquiry – Australia’s Data and Digital Dividend Interim Report | Productivity Commission
The Productivity Commission’s interim report for its 5 Year Productivity Inquiry sought feedback and insight into data and digital technology in Australia. Our submission primarily raised concerns about the lack of transparency and genuine consultation by government when it comes to collaborating with industry to improve the data and digital landscape. Focusing on areas including government investment, the tech skilled workforce, cyber security and the policy landscape, we called for more comprehensive planning and multistakeholder input in future works involving the Internet and telecommunications industry to ensure the accelerated growth of data and digital technology for Australia’s future.
Industry Codes of Practice for the Online Industry (Class 1A and Class 1B Material) | Online Safety
IAA submitted to Industry Codes of Practice for the Online Industry (class 1A and class 1B Material). Our response made recommendations on the reporting requirement in recognition of the limited role ISPs play on the content layer. We also made recommendations to the proposed requirement that would see ISPs responsible for notifying host providers of harmful material being posted via their servers. This requirement would see ISPs having to take reasonable steps to identify the host provider, and would not be limited to providers with whom ISPs have a partnership or other relationship, thereby being too broad and burdensome for ISPs.