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With much of Australia’s east coast currently impacted by wild weather, many Australians have found themselves evacuated or having lost telecommunications services due to the impact of this strong weather.
Which mobile phone and nbn sites have been impacted?
Optus
Visit Optus’ website to get the latest updates for customers in flood-impacted areas
Telstra
Visit Telstra’s website to get the latest updates for customers in flood-impacted areas
Read more: NSW and SE QLD Telco Floods Support Updates
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Proposed rules for wholesale telecommunications service providers must be tightened to protect Australians from under-performing phone and internet services, and slow connection and fault rectification timeframes, according to the Australian Communications Consumer Action Network (ACCAN).
The draft Telecommunications (Statutory Infrastructure Providers – Standards, Rules and Benchmarks) Determination 2021 proposes standards, rules and benchmarks for 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.
Read more: New rules for telco networks must be changed to benefit consumers: ACCAN
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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.
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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.
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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.
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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:
Read more: Exemptions for controllers of superfast fixed-line networks from separation requirements
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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).
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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.
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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.
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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.
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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.
Read more: ACCC consumer choice screens in search services and web browsers
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ACCAN is committed to promoting and advancing digital inclusion, with particular focus on issues relating to the affordability and accessibility of services.
While our work on digital inclusion continues to evolve, this area of enduring policy work is aimed at supporting consumers that may face greater barriers to being digitally included. These include, but are not limited to, people with disability; regional, rural and remote consumers; First Nations Australians; and issues impacting young consumers, people from culturally and linguistically diverse backgrounds and older Australians.
Some current issues in this policy priority include the affordability of broadband services and devices; access to suitable communications in regional, rural and remote Australia and remote First Nations communities; and the accessibility of communications services and devices for people with disability.