6 July 2015

Telecommunications Infrastructure in New Developments

Regulation Impact Statement – Department of Communications

On 27 May 2015, the Minister for Communications released the Government’s policy on the provision of telecommunications infrastructure in new developments. The new policy was effective from 1 March 2015.

A Regulation Impact Statement (RIS) was prepared and certified by the Department of Communications under the Australian Government’s best practice regulation requirements, and has been assessed as compliant and consistent with best practice by the Office of Best Practice Regulation (OBPR).

The RIS identifies the problem as one of competitive neutrality. NBN Co did not previously charge property developers upfront to build fibre-to-the-premises (FTTP) telecommunications infrastructure in new developments. In contrast, smaller alternative infrastructure providers competing with NBN Co. needed to charge developers upfront to recover their costs. As a result, there was an incentive for developers to use NBN Co rather than alternative providers, undermining business opportunities for those alternative providers.

The RIS considers options to encourage sustainable competition and efficiency in the sector. It considers the interests of developers and consumers as well as the Government, NBN Co. and alternative infrastructure providers in evaluating the different policy options.

The RIS concludes that the best option is for NBN Co to charge developers for the provision of FTTP infrastructure on a partial upfront cost recovery basis. It is expected partial charging will allow alternative providers to compete on a more level playing field with NBN Co, thereby improving efficiency and innovation in the servicing of new developments, while still delivering acceptable outcomes for consumers and developers.

The Department of Communications intends to evaluate the effectiveness of the new policy within three years of implementation.

The proposal is expected to have average annual regulatory saving of $61.3 million. The OBPR has agreed to this regulatory cost saving.


26 June 2015

Ban on the disposal of capital dredge spoil material

Regulation Impact Statement – Great Barrier Reef Marine Park Authority

On 28 May 2015, the Minister for the Environment announced a ban on the disposal of capital dredge spoil material in the Great Barrier Reef Marine Park (Marine Park).

Water quality is a key risk to the health of the Great Barrier Reef. A range of factors reduce water quality in the Marine Park, including weather events, river flows, anchoring, dredging and disposal of dredge material. This proposal aims to improve water quality in the Marine Park by addressing one of these factors. The proposal bans the disposal of materials such as gravel, sands, silts and clays in the Marine Park that are displaced during major capital dredging projects, usually relating to port developments.

The proposal has been assessed as likely to have a measurable but contained impact on the economy.

A Regulation Impact Statement (RIS) was prepared and certified by the Authority and has been assessed as compliant but not best practice by the Office of Best Practice Regulation. The RIS and associated process departed from best practice in relation to the problem definition, consultation and timing of preparing the RIS.

The RIS estimates the average annual regulatory cost of the proposal at $4.2m per annum, and identifies offsets. The OBPR has agreed to the regulatory cost and offset estimates.


17 June 2015

Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001

Remaking of sunsetting instrument without amendments – Australian Communications and Media Authority

The Australian Communications and Media Authority (ACMA) remade the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 and associated standards on 17 February 2015. The regulations seek to manage both consumer (health and safety, and access to the emergency call service) and industry (network integrity) risks by requiring:

  • customer equipment and customer cabling to comply with applicable ACMA standards;
  • customer equipment and customer cabling to bear the appropriate compliance label prior to supply to the market; and
  • suppliers of customer equipment and customer cabling to meet certain record-keeping obligations on the compliance of the equipment or cabling with applicable ACMA standards.

In line with the Australian Government best practice regulation requirements for sunsetting legislative instruments, the ACMA has assessed the operation of the instrument and associated standards in consultation with affected stakeholders and has certified that the instrument and standards are operating efficiently and effectively.

Therefore the Office of Best Practice Regulation notes that a Regulation Impact Statement is not required for these regulations to be remade.

The remaking of the instruments did not result in compliance cost changes.


17 June 2015

Telecommunications Disability Standard (Requirements for Customer Equipment for use with Standard Telephone Service – features for special needs of persons with disabilities – AS/ACIF S040 2002

Remaking of sunsetting instrument without amendments – Australian Communications and Media Authority

The Australian Communications and Media Authority (ACMA) remade the Telecommunications Disability Standard (Requirements for Customer Equipment for use with Standard Telephone Service – features for special needs of persons with disabilities – AS/ACIF S040 2002 on 17 February 2015. The Standard applies to equipment for use with the Standard Telephone Service that have features designed to cater to the special needs of people with disabilities.

The Standard prescribes requirements, and where appropriate recommends design features, which remove barriers to access for people with disabilities.

In line with the Australian Government best practice regulation requirements for sunsetting legislative instruments, the ACMA has assessed the operation of the instrument in consultation with affected stakeholders and has certified that the instrument is operating efficiently and effectively.

Therefore the Office of Best Practice Regulation notes that a Regulation Impact Statement is not required for the regulation to be remade.

As the instrument was remade without amendments there are no compliance cost changes.


17 June 2015

Telecommunications Cabling Provider Rules 2000

Remaking of sunsetting instruments without amendments – Australian Communications and Media Authority

On 9 December 2014, the Australian Communications and Media Authority (ACMA) remade the following three instruments without any substantive changes:

  • the Telecommunications Cabling Provider Rules 2000;
  • the Accreditation Procedures for Cabling Provider Registrars; and
  • the Arrangements for Operation of the Registration System (No.3)

These instruments govern the performance, and the supervision of the performance, of customer cabling to protect health and safety, and the integrity of the telecommunications network. They specify mandatory competency requirements that a cabling provider must demonstrate in order to qualify for registration and specify requirements for the conduct of cabling registrars.

In line with the Australian Government best practice regulation requirements for sunsetting legislative instruments, the ACMA has assessed the operation of the three instruments in consultation with affected stakeholders and has certified that the instruments are operating efficiently and effectively.

Therefore the Office of Best Practice Regulation notes that a Regulation Impact Statement is not required for the instruments to be remade.

As the instruments were remade without substantive changes there are no compliance cost changes.


16 June 2015

Telecommunications (Section of the Telecommunications Industry – Cabling Service Operators) Determination

Remaking of sunsetting instrument without amendments – Australian Communications and Media Authority

On 6 March 2015, the Australian Communications and Media Authority (ACMA) remade the Telecommunications (Section of the Telecommunications Industry – Cabling Service Operators) Determination without significant amendment from the sunsetting instrument: Telecommunications (Section of Telecommunications Industry) Determination 2003 (No. 1).

The instrument specifies cabling service operators to be a section of the telecommunications industry for the purposes of the Telecommunications Act 1997. Cabling service operators are persons that supply, or arrange to supply, cabling services on a commercial basis and includes businesses that arrange for the installation, connection or maintenance of customer cabling. The effect of the instrument is that an industry code registered by the ACMA may apply to cabling service operators.

In line with the Australian Government best practice regulation requirements for sunsetting legislative instruments, the ACMA has assessed the operation of the instrument in consultation with affected stakeholders and has certified that the instrument is operating efficiently and effectively.

Therefore the Office of Best Practice Regulation notes that a Regulation Impact Statement is not required for these regulations to be remade.

As the instrument was remade without substantial amendment there are no compliance cost changes.


16 June 2015

Radiocommunications (Radiocommunications Receivers) Determination 2000 (No.2) and the Radiocommunications (Transmitter and Receiver Licences) Determination

Remaking of sunsetting instruments without amendments – Australian Communications and Media Authority

The Australian Communications and Media Authority (ACMA) remade and consolidated two sunsetting legislative instruments without significant amendment on 15 December 2014: the Radiocommunications (Radiocommunications Receivers) Determination 2000 (No.2) (the Receivers Determination) and the Radiocommunications (Transmitter and Receiver Licences) Determination (Transmitter and Receiver Determination).

The instruments respectively specify radiocommunications receivers and the transmitter licences and receiver licences the ACMA may issue for the purposes of the Radiocommunications Act 1992.

In line with the Australian Government best practice regulation requirements for sunsetting legislative instruments, the ACMA has assessed the operation of these instruments in consultation with affected stakeholders and has certified that these instruments are operating efficiently and effectively.

Therefore the Office of Best Practice Regulation notes that a Regulation Impact Statement is not required for these regulations to be remade.

As the instruments were remade without significant amendment there are no compliance cost changes.


16 June 2015

Radiocommunications (Cordless Communications Devices) Class Licence 2001 and the Radiocommunications (Cellular Mobile Telecommunications Devices) Class Licence 2002

Remaking of sunsetting instruments without amendments – Australian Communications and Media Authority

On 15 December 2014, the Australian Communications and Media Authority (ACMA) remade the Cordless Communications Devices Class Licence and the Cellular Mobile Telecommunications Devices Class Licence from two sunsetting legislative instruments without significant amendment: the Radiocommunications (Cordless Communications Devices) Class Licence 2001 and the Radiocommunications (Cellular Mobile Telecommunications Devices ) Class Licence 2002.

The instruments respectively authorise the operation of cordless communications devices and radiocommunications devices that communicate with a station authorised under a Public Telecommunications Service apparatus licence, and set out the conditions that apply to the operation of the relevant devices.

In line with the Australian Government best practice regulation requirements for sunsetting legislative instruments, the ACMA has assessed the operation of these instruments in consultation with affected stakeholders and has certified that these instruments are operating efficiently and effectively.

Therefore the Office of Best Practice Regulation notes that a Regulation Impact Statement is not required for these regulations to be remade.

The remaking of the instruments did not result in compliance cost changes.


16 June 2015

Radiocommunciations Licence Conditions (Maritime Ship Licence) Determination 2002

Remaking of sunsetting instrument without amendments – Australian Communications and Media Authority

The Australian Communications and Media Authority (ACMA) remade the Radiocommunications Licence Conditions (Maritime Ship Licence) Determination 2002 on 6 March 2015. The Determination sets out the conditions that maritime ship stations are required to follow to ensure that all maritime ships use the appropriate maritime frequencies, transmitter output power, and protocols to minimise the potential for interference to maritime radio operation.

In line with the Australian Government best practice regulation requirements for sunsetting legislative instruments, the ACMA has assessed the operation of the Determination in consultation with affected stakeholders and has certified that it is operating efficiently and effectively.

Therefore the Office of Best Practice Regulation notes that a Regulation Impact Statement is not required for the Determination to be remade.

As the Determination was remade without amendments there are no compliance cost changes.


16 June 2015

Radiocommunciations (Interpretation) Determination 2000

Remaking of sunsetting instrument without amendments – Australian Communications and Media Authority

The Australian Communications and Media Authority (ACMA) remade the Radiocommunications (Interpretation) Determination 2000 and associated standards on 27 February 2015. The Determination contains the definitions of expressions found in specified legislative instruments made by the ACMA.

In line with the Australian Government best practice regulation requirements for sunsetting legislative instruments, the ACMA has assessed the operation of the Determination in consultation with affected stakeholders and has certified that the Determination is operating efficiently and effectively.

Therefore the Office of Best Practice Regulation notes that a Regulation Impact Statement is not required for the Determination to be remade and there is no change in compliance costs.