ACCAN recently submitted to the ACCC’s inquiry into the proposed extension of expiring non-price provisions of the NBN’s Special Access Undertaking (SAU). The SAU sets out the terms on which service providers can access NBN infrastructure.

The expiring provisions are about:

    • consultation processes for the design of products and pricing by NBN;
    • dispute resolution processes; and
    • arrangements to modify network technology design.

The Australian Communications and Media Authority is reviewing ways to combat scams carried out over telco networks (via phone, email and SMS) as a part of their Scam Technology Project. They invited public feedback on ways technology can block and minimise this type of scam activity, how consumers experience and avoid scams, and current challenges to stopping scam activity. ACCAN’s submission focuses on the consumer experience of scams, and how to improve consumer education about scam activity.

The NBN Transfer Code sets out principles for industry co-operation in the management of transfers of NBN services between retail service providers. Recently, the NBN Transfer Code was reviewed by the Communications Alliance.

In our submission ACCAN recommended that the Code be reconfirmed, and that:

  • the code be revised to include time-frames for the transfer of services;

  • the code be revised to oblige providers to inform consumers if a fault occurs in the transfer process;

  • the code incorporate reference to the Australian Privacy Principles for smaller providers in order to ensure a consistent industry wide approach to privacy.

Calling Number Display (CND) allows the people you call to see your telephone number displayed on the screen of their telephone. It applies to both mobile phones and landlines. If you don't have a silent line, unlisted number or have not blocked CND, the people you call will generally be able to see your number on their telephone screen.

The CND feature has important privacy implications because there may be times when consumers don't want their number identified to the person they are calling. Recently, the Calling Number Display Guideline was reviewed by the Communications Alliance.

In our submission ACCAN recommended that the Guideline be reconfirmed, and that:

In 2019, the telco industry is reviewing the Mobile Premium Services (MPS) Code. 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.

The MPS Code aims to safeguard consumers from an industry which has a history of poor practice.

ACCAN believes that many of the additional protections proposed in the public consultation will have little or no substantive effect on consumer outcomes due to their limited scope and applicability.

The ACCC is reviewing the performance standards that NBN provides to its customers (telco retailers). This includes NBN response times to fix problems on its network and get consumer premises connected. Currently, these standards and any penalties for breaches are contained in commercial contracts with NBN’s customers. The ACCC is reviewing whether further measures are required to improve NBN’s service.

The Federal Government is reviewing Telstra’s Carrier Licence as the existing one is due to expire in April 2019. The Government has proposed to maintain the existing conditions of Telstra’s licence with some minor amendments for current policies.

ACCAN has proposed that the remaking of Telstra’s licence conditions offers the opportunity to improve Telstra’s network reliability framework that reports Telstra’s network performance. Telstra’s copper network will remain important in regional areas outside the fixed NBN footprint such that improved monitoring continues to be important after the NBN is rolled out.

Image of a calculator Telecommunication services are essential for ensuring public health and safety, promoting access to educational and employment opportunities as well as social inclusiveness. ACCAN’s Pre-Budget Submission 2019-20 identifies market gaps and provides recommendations on telecommunications initiatives that will benefit consumers including:

Parts 7 and 8 of the Telecommunications Act provide an important basis to ensure that broadband networks operate in a similar way and to the benefit of consumers. They require network operators to offer services to any retail providers on request (offer open access on a non-discriminatory basis) and that they must operate separate to the retail level (wholesale only). While these specify the operation of networks, the ultimate aim is to ensure competitive networks exist that benefit consumer by increasing choice of providers.

Since 2012 Telstra have had an exemption to comply with these requirements in the South Brisbane network area. Telstra have now requested a further extension, with the Minister for Communications and the Arts has proposing an extension to January 2020 (designated day).

The Australian Communications and Media Authority (ACMA) recently undertook a Review of the Emergency Call Service (ECS) Determination. The ECS Determination imposes requirements on carriers, carriage service providers and emergency call persons regarding access to the emergency call service. The purpose of this Review was to consider whether the ECS Determination is still relevant and whether its obligations remain consistent and robust. This Review was recommended by the Department of Communications and the Arts, in its report into the Triple Zero service disruptions in May 2018.

ACCAN made a submission to the ACMA’s Review, in which we provided recommendations about how the emergency call service could be made more accessible and more reliable.

ACCAN has made a brief submission to the Senate Inquiry into Australian content on broadcast, radio and streaming services. We highlighted the value of Australian content for people with disability in particular, and outlined that everyone should have access to Australian content.

In our submission, ACCAN explained that some accessibility features are readily included on Australian content, whereas others aren’t available (or aren’t consistently available). This is because there are no clear legislative requirements or protections to ensure access to Australian programming across all platforms.

ACCAN has made a submission to the Parliamentary Joint Committee on Intelligence and Security (PJCIS). The Assistance and Access Bill seeks to amend current legislation to facilitate access by law enforcement agencies to the content of stored communications, such as texts, emails and call data.

ACCAN has expressed serious concerns about the Bill, alongside many other Australian and global stakeholders, including those from the telecommunications industry, technology sector, human rights and consumer organisations. In its current form the Bill will provide access to consumers’ data without their knowledge or adequate judicial oversight. The Bill will act to weaken encryption systems by forcing technology companies, device manufacturers, and other relevant parties, to build into their software and systems an entry-point (or backdoor) to encrypted data.

The Federal Government is developing reforms to give consumers greater access to and control over their data held by companies they do business with, such as banks, energy companies and telcos. The Consumer Data Right will allow customers to transfer their data to different providers to see if those providers offer products that would be more suitable, at a better price.

For consumers, greater use and control of their data could provide significant benefits through helping them to find services they need at reduced prices.

In this consultation the Australian Competition and Consumer Commission (ACCC) asked for comments on the principles that will underpin the drafting of rules for the consumer data right, prior to the draft rules being released. The rules will provide detail about how the consumer data right is to be implemented, privacy protections for consumers and the obligations of businesses. ACCAN will comment further on the consumer data rights when the draft rules are released later this year.

The Federal Government is developing reforms to give consumers greater access to and control over their data held by companies they do business with, such as banks, energy companies and telcos. The Consumer Data Right will allow customers to transfer their data to different providers to see if those providers offer products that would be more suitable, at a better price.

For consumers, greater use and control of their data could provide significant benefits through helping them to find services they need at reduced prices.
In this consultation The Treasury is asking for further comments on the draft legislation that will underpin the consumer data right, before the legislation is introduced into Federal Parliament. ACCAN’s initial comments on the draft legislation are available here.

ACCAN lodged a submission with the ACCC on its fixed line services declaration inquiry. The inquiry relates to the services that Telstra sells on its copper network to other providers of phone and internet services.

The ACCC is proposing to maintain the regulation of the services Telstra provides for further 5 year period. ACCAN agrees with the ACCC’s position.

Once the ACCC makes its final decision, it will then consider the prices Telstra charges other providers to use its network.

ACCAN has made a submission to the Australian Competition and Consumer Commission’s (ACCC) on its investigation of TPG Telecom Limited’s (TPG) proposed merger with Vodafone Hutchison Australia Pty Limited (VHA).

ACCAN is supportive of the proposed merger as it is likely to lead to more sustainable competition with a positive effect for consumers in the Australian telecommunications market. 

ACCAN has made a submission to the Australian Human Rights Commission’s Human Rights and Technology consultation.

The issues paper asked which human rights can be affected by technology, and what issues technology can raise for different groups of people. The issues paper included some questions that specifically related to people with disability and the accessibility of technology, including what challenges and opportunities people with disability experience when accessing technology and how the development and use of more accessible technology can be encouraged and promoted in Australia.

ACCAN focused on the human rights of people with disability in our submission. We made the following key points:

ACCAN has made a submission to the Australian Competition and Consumer Commission (ACCC) Facilities Access Code consultation.

The discussion paper asked whether improvements could be made to the code which provides a process for carriers to access each other’s infrastructure, co-locate equipment and co-build facilities in order to reduce the cost of providing services and protecting community amenity through duplication of infrastructure. The code also provides voluntary consultation and negotiation processes for carriers as well as a framework for dispute resolution in the event that they cannot agree on access arrangements.

Although the code has been largely successful in promoting co-location and reducing duplication, there are indications that in regional areas it has been less effective. There are also some indications that carriers may have incentives to preclude access or co-location where there are commercial advantages to doing so.

ACCAN made the following key points:

ACCAN has made a submission to the Australian Competition and Consumer Commission (ACCC) Mobile Terminating Access Service (MTAS) declaration inquiry.

The review asked whether access to mobile networks should be 'declared' for the purpose of connecting calls.

'Declaring' a service allows a mobile call to be connected between two different providers at a fixed per-minute rate and on certain terms. For example, if your phone provider is Telstra it allows you to call a friend on Optus.

In this example MTAS makes sure that Telstra can connect a call on the Optus network at a rate which represents the cost of the call. Without declaration Optus would be free to charge well above cost to access its network and this high cost would probably be passed on to consumers.

ACCAN made the following key points:

The ACMA periodically reviews the Telecommunications (International Mobile Roaming) Industry Standard 2013 (IMR Standard) to ensure it continues to be effective in the changing telecommunications environment. ACCAN submitted to the current review and argued that whilst the IMR Standard continues to offer strong consumer protections, there are some areas for improvement:

  • Consumers must be notified when they switch between different roaming services such as daily roaming packs and traditional pay-as-you-go roaming

  • Consumers must be notified more regularly about how much they have spent on roaming, and at a minimum at $50 increments

  • Consumers must be notified prior to incurring extra charges (e.g. for data beyond what is included in their service). This notification should be provided with adequate time for consumers to turn off their roaming service if they wish to do so

  • Information about usage and charges relating to roaming must be current, and at a minimum no older than 2 hours, to ensure consumers are able to properly manage and control their usage and spending.

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