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ACCAN recently made a submission to Communications Alliance in response to a call for public comments about the Emergency Call Service Requirements Industry Code DR C536 2020 (the Code). The Code places obligations on Carriers, Carriage Service Providers (CSPs) and Emergency Call Persons (ECPs). Carriers, CSPs and ECPs are required to ensure customers have access to the emergency call service, and also have access to information about the emergency call service.

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.

ACCAN has recently endorsed the Communications Alliance draft DR C564:2020 Mobile Phone Base Station Deployment Industry Code. The draft Code updates the previous version to bring it in line with the ‘temporary facilities’ requirements in the Telecommunications (Low-impact Facilities) Determination 2018.

ACCAN was a participating member of the Communications Alliance working group reviewing this Code.

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 ACCC consulted on the NBN Services in Operation (SIO) Record Keeping Rules (RKR). The rules require NBN to share information on a quarterly basis with the ACCC regarding the number of services in operation, network capacity acquired, technology type and attributes as well as geographical distribution of services. This information is then shared as part of the NBN wholesale market indicators report. The rules are due to expire on 30 September 2020, the ACCC sought consultation on whether they should be extended or amended.

ACCAN supports the ACCC’s preference for extending the rules for another five years and believes that the rules provide a comprehensive view of the NBN wholesale market. We therefore provided no suggestions for revision.

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.

Up until recently, superfast fixed line broadband networks serving residential customers had to operate on a structurally separated basis – which means a strict separation between wholesale and retail arms of the business. Recent amendments to the Telecommunications Act allow networks to functionally separate, which is a less costly way of achieving similar outcomes. The ACCC role is:

  • to develop an optional standard functional separation undertaking for networks, as an alternative to networks developing their own;

  • to make determinations exempting small network operators from separating wholesale and retail parts of their business.

The ACCC’s consultation is about proposed requirements for functional separation, and criteria for granting exemptions.

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:

ACCAN submitted to the ACCC’s review on Division 12 and Internet Activity Record Keeping Rule where there were several proposals regarding the information the ACCC seeks from service providers.

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).

ACCAN has made two submissions to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission). In these submissions we highlighted the importance of communications accessibility for consumers with disability.

ACCAN made a submission to the Select Committee Inquiry into Australian Government's Response to the COVID-19 Pandemic. Overall, ACCAN praised the government’s response to the pandemic, NBN Co’s COVID-19 telecommunications assistance packages, and the telecommunications industry providers who quickly developed a range of measures designed to assist recipients to meet their ongoing financial commitments.

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