Submissions


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The telco regulator, the Australian Communications and Media Authority (ACMA), has recently consulted on proposals to amend the Telecommunications (Listed Infringement Notice Provisions) Declaration 2022 (the IN Declaration). The IN Declaration allows the ACMA to issue infringement notices (fines) when telcos don’t follow certain rules.

The Australian Communications Consumer Action Network (ACCAN) recently submitted to the Department of Home Affairs’ National Security Action Plan Discussion Paper. As the leading voice for communications consumers in Australia, ACCAN continues to monitor a range of data rights and privacy issues. ACCAN responded to questions 14 and 15 in the discussion paper which inquired about how to foster consumer trust in data security.

Question 14 in the discussion paper asked whether there is sufficient public information about data security. ACCAN noted that government data security information for consumers is spread across several websites and recommended the Federal Government further invest in quality, accessible education resources to be housed in a single, well-publicised location.

Telstra and TPG Telecom (TPGT) have asked for ACCC authorisation to share their separately owned spectrum for the delivery of mobile services in a regional coverage zone. As part of the arrangement, Telstra and TPGT will also consolidate their mobile towers and TPGT will gain access to some of Telstra’s coverage.

Communications Alliance, the peak body for the telco industry, has sought feedback on a new draft Number Management – Use of Numbers by Customers Code. This draft Code replaces two former Industry Codes, that of C566:2005 Rights of Use of Numbers Code and C554:2004 Rights of Use of Premium Rate Service Numbers Code.

Local number portability allows consumers to transfer – or ‘port’ – their local landline telephone number to a new service with a different telco provider. 

The Local Number Portability Code (the Code) outlines the procedures that telcos must follow in relation to local number porting. It is important that the Code is thorough and fair so that consumers do not lose their local number in the process, or face lengthy delays when switching telco providers.

ACCAN recently submitted to The Treasury’s Statutory Review of the Consumer Data Right (CDR) Issues paper. The review, conducted by Elizabeth Kelly PSM, considers whether the existing statutory framework of the CDR is fit-for-purpose. As the peak body that represents all consumers on communications issues, ACCAN has engaged with the development of the CDR, especially as it relates to the telecommunications sector.

The ACMA has sought comment on Draft Captioning Reduction orders numbers 00132-00137 inclusive.  Whilst ACCAN is mindful of the goal of reaching 100 percent of captioning on subscription television services by 2032 as defined in the Broadcast Services Act, as the mentioned services are specifically racing services, a lot of information is already printed on screen and ACCAN does not see significant detriment to consumers by these orders being granted.

ACCAN has recently submitted to the five-year independent review of the TIO in a joint submission with Consumer Action Law Centre, Financial Counselling Australia and WEstjustice. Our submission highlighted the vital role that the TIO performs when dealing with consumers’ unresolved phone and internet complaints. We identified areas where the TIO could expand and improve its activities so that it continues to meet the Australian Government’s Benchmarks for Industry-Based Customer Dispute Resolution.

Under the Telecommunications Act 1997, the ACCC is required to conduct a review into whether a Ministerial Determination should be made to specify the amount of control a carrier should have of a telecommunications company before that company is subject to the requirements under the Facilities Access Regime (the Regime). Carriers subject to the Regime must, on request, give another carrier access to infrastructure, such as transmission towers. The Regime is important in facilitating competition and the efficient use and provision of telecommunications services. Previously, only licensed carriers were subject to the Regime, however due to market developments, namely Telstra’s restructure, there is a question as to whether carriers with less equity in a passive tower company should be subject to the Regime.

It is ACCAN’s view that consumers would benefit if all infrastructure providers, not just licensed carriers, were subject to the Regime, for the following reasons:

ACCAN recently submitted to the Department of Infrastructure, Transport, Regional Development and Communications’ Streaming Services Reporting and Investment Scheme Discussion Paper. The discussion paper requests comments on a potential scheme to ensure that streaming services, such as Netflix, Stan and Disney+, invest in original Australian productions and promote local content on their services. ACCAN made five recommendations:

ACCAN recently provided feedback to the Treasury and Data Standards Body on their Consumer Data Right rules and standards design paper for the telecommunications sector. The consultation asked for informal feedback regarding the scope, eligibility, and implementation of a Consumer Data Right to the telecommunications sector.

ACCAN is supportive of the introduction of the Consumer Data Right (CDR) regime across the telecommunications sector. However, ACCAN is keen to ensure that the development of the CDR in the telecommunications sector continues to be informed by the lived experiences of consumers, to make sure that this regime is as useful as possible for end users.

ACCAN recently submitted feedback to the Australian Competition and Consumer Commission (ACCC) regarding its Discussion Paper for Interim Report No. 5: Updating competition and consumer law for digital platform services. The discussion paper will inform the ACCC’s fifth interim report for the Digital Platform Services Inquiry. ACCAN’s submission acknowledged the need for regulatory reform to ensure that Australian consumers continue to enjoy the benefits from digital platforms while reducing their harms.