The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability recently sought submissions to its Promoting Inclusion issues paper. The aim of the issues paper was to gather information about what makes an inclusive society and what steps can be taken to promote a more inclusive society.

In ACCAN’s submission to this issues paper we explained that available, affordable and accessible digital communications technologies can facilitate a more inclusive and accessible society. We outlined the work we have undertaken in relation to the Ideal Accessible Communications Roadmap, and identified communications-related actions that could contribute to a more inclusive society.

NBN Co sought feedback on its wholesale pricing for selected services. The paper was split into two parts:

  • Part A focused on the short term (24 month) residential services discount bundles as well as the cost for connectivity virtual circuit (CVC). CVC is the network capacity purchased by retail service providers (RSPs).
  • Part B looks at the longer-term pricing construct of wholesale services, changes to voice only and business grade services as well as an offering to support low-income households.

The Department of Infrastructure, Transport, Regional Development and Communications have proposed standards, rules and benchmarks for Statutory Infrastructure Providers (SIPs). SIPs are telecommunications carriers that provide wholesale broadband services, such as NBN Co. The rules proposed are in relation to timeframes for connections, repairs and appointment keeping, rebates, speeds, remediation and record keeping.

The ACMA is inviting feedback to inform the development of its 2021-22 Compliance Priorities. These are the areas that will guide the ACMA’s activities when enforcing and improving rules and regulations about communications services.

ACCAN’s submission outlines key areas where the ACMA should direct its compliance and enforcement efforts, based on:

• the impact of these issues on consumers of phone and internet services,

• the severity of the risk of consumer harm stemming from non-compliance in relation to these issues, and

• member feedback and evidence received by ACCAN.

The Australian Broadband Advisory Council (ABAC) was established by Communications, Urban Infrastructure, Cities and the Arts Minister Paul Fletcher in July 2020. ABAC is working to explore and promote ways that broadband connectivity can boost Australia’s economic output and improve Australians’ wellbeing.

In December 2020, ABAC released its first paper titled Riding the Digital Wave: Report on COVID-19 Trends and Forward Work Program. The report explores the impacts, challenges and opportunities of COVID-19 relating to broadband connectivity.

ACCAN strongly supports the work of the ABAC and has provided feedback on the Riding the Digital Wave report, identifying a range of issues that should be represented in ABAC’s future work plan.

The Department of Infrastructure, Transport, Regional Development and Communications sought feedback on whether it should allow the Australian Competition and Consumer Commission the power to permit certain fixed line networks to sell both wholesale and retail services.

Currently networks serving up to 2,000 residential premises can operate as both a wholesaler and retailer. The Department consulted on whether this limit should be extended to networks serving up to 12,000 customers in order to encourage investment and create more infrastructure competition. ACCAN considered that this should not happen until the following safeguards have been established:

The Department of Infrastructure, Transport, Regional Development and Communications released an exposure draft of the Online Safety Bill in late December 2021 for consultation.

ACCAN provided a submission in response, welcoming the Bill’s move to improve Australia's online safety regulatory regime and shift the onus of responsibility for protection from online harm away from consumers back onto online platforms and services.

ACCAN agreed that some form of pre-emptive and preventative action is needed to protect all consumers from online harms, including those who are most vulnerable (e.g. children and seniors).

Mobile Premium Services (MPS) allow consumers to pay for digital content (like apps or games) and services (like competition entries, voting and charity donations) on their mobile phone account or using pre-paid credit.

Rules about MPS are contained in the MPS Industry Code and two pieces of regulation called Determinations. The MPS Industry Code, is being updated with provisions from MPS Determination 1, so that Determinations 1 and 2 can be repealed in April 2021.

ACCAN is not aware of any issues repealing MPS Determination 1, so long as all key consumer protections are transferred to the MPS Code. ACCAN has identified one key rule in Determination 1 that appears not to have been incorporated in the draft Code: the requirement to provide a customer-convenient service to facilitate the barring of MPS services. This rule should be transferred to the draft Code so customers can easily bar MPS. ACCAN also expressed its concerns regarding the potential removal of important consumer protections contained in Determination 2.

You can read ACCAN’s feedback on the 2019 MPS Industry Code here.

Mobile Premium Services (MPS) allow consumers to pay for digital content (like apps or games) and services (like competition entries, voting and charity donations) on their mobile phone account or using pre-paid credit.

Rules about the delivery of MPS are in the MPS Industry Code and two regulations called MPS Determinations. The ACMA is looking to repeal the two MPS Determinations and transfer some protections to the MPS Industry Code: particularly the rule that requires telcos to allow their customers to bar access to MPS. You can read ACCAN’s feedback on the MPS Industry Code here.

ACCAN is not aware of any issues repealing MPS Determination 1, so long as all key consumer protections are transferred to the MPS Code. ACCAN has concerns about fully repealing Determination 2, as it contains some protections that remain important to safeguard consumers.

You can read ACCAN’s feedback on the separate consultation by industry group Communications Alliance on proposed changes to the 2019 MPS Industry Code here.

 

Communications are an essential service. ACCAN’s Pre-Budget Submission 2020-21 outlines policies, programs and areas of need for communications consumers that should be addressed in the Australian Government’s upcoming 2020-21 Budget. Affordability, accessibility, regional access and infrastructure, and empowered consumer decision-making are areas where continued government investment is vital to ensure all Australians benefit from connectivity.

ACCAN has made a submission to the Australian Competition and Consumer Commission (ACCC) consultation on consumer choice screens in search services and web browsers. The ACCC is interested in understanding the consumer impact of default web browsers and search engines.

ACCAN reiterated our support for the ACCC’s recommendation to facilitate consumer choice through the changes to default search engine and internet browser arrangements, as outlined in our 2019 submission to the Treasury inquiry into the implementation of the ACCC’s Inquiry into Digital Platforms.

ACCAN responded to the Department of Infrastructure, Transport, Regional Development and Communications’ consultation on the circumstances in which Statutory Infrastructure Providers are exempt from the obligation to connect and supply premises with wholesale communications services, via telecommunication retail providers. The Department has been consulting on the draft Telecommunications (Statutory Infrastructure Provider – Circumstances for Exceptions to Connection and Supply Obligations) Determination 2020 that would give effect to these arrangements.

It is important that premises are only refused connection and supply of telecommunications services in limited and reasonable circumstances. ACCAN considers that generally the draft determination proposed by the Department ensures this is achieved.

ACCAN has responded to the Digital Transformation Agency’s consultation paper on proposed laws for the Australian Government’s Govpass digital identity platform.

ACCAN’s recommendations included:

  • All privacy and consumer protection safeguards in the Digital Identity Framework must be enshrined in law to ensure compliance;
  • The definition of Digital Identity should be harmonised with the revised Privacy Act to create a robust network of privacy protections for consumers; and
  • A charging framework should not be introduced as it will discourage some non-government organisations from using the Digital Identity system.

In December 2020, ACCAN submitted to the Australian Attorney General’s Department Issues Paper consultation on the review of the Privacy Act 1988. Our submission aimed to ensure privacy settings empower consumers and protect their data, and we worked closely with privacy advocates in developing our response. The review is part of the Australian Government's response to the Australian Competition and Consumer Commission's Digital Platforms Inquiry.

In late 2020 the Department of Social Services consulted on the Outcomes Frameworks for the National Disability Strategy (the Strategy) and the National Disability Insurance Scheme (NDIS). The Outcomes Frameworks are intended to track progress over time to consider whether the Strategy and NDIS are improving the lives of people with disability in Australia.

In ACCAN’s submission, we explained that accessible and affordable digital communications technologies are essential to facilitate a more inclusive and accessible society for people with disability in Australia. We argued that outcomes and measures relating to digital communications technologies must therefore be included in the Outcomes Frameworks for both the Strategy and the NDIS.

The ACMA have proposed new rules to improve telecommunications service standards.

ACCAN supports the draft rules because they ensure telcos pass on to affected customers certain rebates received from wholesalers, such as NBN, when issues of delayed connections and fault repairs, and missed appointments occur. In our submission, we urged that the customer should receive the full amount of rebate, whether that be a direct financial payment or through a measure put in place by their telcos to fix the issue, such as 4G back-up modems.

ACCAN recently made a submission to the Digital Industry Groups (DIGI) consultation on their voluntary industry Code on disinformation. The Code has been developed in response to ‘Regulating in the Digital Age: Government Response and Implementation Roadmap for the Digital Platforms Inquiry’. The Code outlines what the digital platforms will do to address concerns regarding disinformation and credibility signaling for news content in the Australian context.

The Federal government Department of Infrastructure, Transport, Regional Development and Communications is consulting on guidelines for funding proposals by the telco industry under Round 5A of the Mobile Black Spot Program (MBSP). Following our submission on the design of Round 5A, ACCAN has provided additional comments on the draft guidelines.

ACCAN supports elements of the Draft Guidelines introduced to target areas prone to natural disasters, promote competition outcomes in previously under-serviced regions and encourage active infrastructure sharing between mobile network operators and infrastructure providers.

ACCAN also advocated in favour of broadening the eligibility for funding to include:

ACCAN submitted to the review of the ACCC’s Measuring Broadband Australia (MBA) program. Launched in 2017, the MBA measures broadband speeds on NBN Fixed Line broadband services.

ACCAN strongly advocated in favour of retaining the Measuring Broadband Australia scheme because the program has resulted in:

  • A decline in the number of consumer complaints;
  • Improved broadband performance by encouraging competition between telcos selling NBN Fixed Line broadband services;
  • enforcement action against RSPs who have made misleading claims about broadband speeds; and
  • Collection and reporting of data that has influenced policy decisions for the benefit of consumers.

ACCAN also encouraged the ACCC to expand the program to measure the performance of:

The Department of Infrastructure, Transport, Regional Development and Communications sought comments on proposals to amend part 20A of the Telecommunications Act 1997 to boost pit and pipe provision in new developments.

Currently unincorporated developers are not required to build the necessary pits and pipes to allow network providers to install telecommunications in new buildings. Whilst most developers provide the necessary infrastructure to support telecommunications, there are a small number of premises built, in areas serviced by fixed-line telecommunications networks, without telecommunications pit and pipe, leading to inconvenience and additional costs for occupants of these premises.

This problem affects up to 3,000 premises a year and comes at a cost to new occupants as they will experience a lack of service, delays in service, cost of retrofitting and the cost of interim services.

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