ACCAN submitted to the Interim Report of the Australian Consumer Law review to provide feedback on proposed options to improve consumer protection laws and guidance material for telecommunications consumers.  

We were pleased to see the Interim Report taking up several of ACCAN’s concerns:

The ACCC is undertaking a inquiry to determine whether the difference in geographic coverage provided by Telstra, Optus and Vodafone is having a negative effect on competition for mobile services, and whether requiring mobile roaming would be in the long-term interests of consumers.  

Mobile roaming is where a mobile network operator uses (or roams onto) the mobile network of another mobile network operator (the host mobile network) so that the first operator can provide mobile services to consumers outside of its own network coverage area.

The ACMA recently consulted with ACCAN on changes that aim to improve the identity-checking requirements for activating prepaid mobile services.

Between November 2015 and July 2016 the ACMA conducted a review of the Telecommunications (Service Provider – Identity Checks for Prepaid Mobile Carriage Services) Determination 2013. The working group established as part of the review made 17 recommendations, which the ACMA has agreed to support.

ACCAN is pleased to see that the ACMA is supporting the working group’s recommendations, which will help to enable all consumers to obtain prepaid services without undue burden.

There are a number of fixed networks delivering superfast broadband services (capable of delivering greater than 25Mbps download speeds). In October the ACCC consulted about the pricing and terms and conditions that should apply to some of these networks, such as Opticomm, OPENetworks, LBN Co, Telstra South Brisbane and TPGs FTTB networks. The price and terms for NBN are set out under different documents, called the Special Access Undertaking.

In September the ACCC commenced a broad study into the telecommunications market and the likely developments over the next 5 years. It asked a range of questions about the market to understand if there are any potential issues that will negatively affect consumers. This included questions such as what information would be beneficial to consumers in choosing products, whether competition is working in the voice and broadband service market and whether there are issues with emerging technologies and services.

In 2016, the Mobile Premium Services (MPS) Code is being reviewed.  Mobile Premium Services (MPS) are information and entertainment services that deliver various forms of content to your mobile phone, and are charged to your phone account. The MPS Code aims to safeguard consumers from an industry which has a history of poor practice.

Market changes in the last year mean that consumers are able to buy more products in new ways, and charge them to their phone bill. As a result, ACCAN considers that the Code should be updated so that it adequately protects consumers.

Competition law is critical so that companies can offer high quality of service at the lowest possible price. There are currently two sets of laws that cover competition in the telecommunications industry – one set is general, and the other telco industry specific. The Department of Communications and the Arts is looking at whether the industry specific rules are needed following the adoption of reforms proposed by the Harper Review in 2014.

ACCAN supports removing any overlap as long as this does not cause any detriment to consumers.

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