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ACMA awards contract under the Do Not Call Register Act 2006
On 1 February 2007, the Australian Communications and Media Authority (ACMA) awarded Service Stream Solutions Pty Ltd (Service Stream) the contract valued at $12.1 million to build, operate, publicise and maintain the Do Not Call Register (Register) established under the Do Not Call Register Act 2006. Once the Register is operational (by May 2007 at the latest), Australians may choose to list their fixed line and mobile numbers to avoid receiving telemarketing calls. The contract will run until February 2011, when Service Stream choose to extend it for a further three years.
Service Stream will be responsible for the following activities associated with the Do Not Call Register:
- building and maintenance
- administration and operation
- promoting awareness, and
- handling complaints and enquiries.
ACMA will continue to be responsible for:
- overseeing the Register, and
- investigating breaches of the Do Not Call Register Act 2006.
On 1 February 2007, ACMA released for public comment, a draft Do Not Call Register (Access to Register) Determination 2007, which outlines how telemarketers should submit their calling lists for checking against the Register.
It explains how:
- a list of telephone numbers should be submitted to the register operator for checking, and
- the register operator should inform telemarketers which telephone numbers on a list are on the Do Not Call Register.
A copy of the draft determination is available on the ACMA website. Over the February/March period, ACMA plans to release a second draft determination on how to register telephone numbers and a third draft determination on how to pay fees for access.
For further information on the Do Not Call Register please visit the ACMA website.
On 4 February 2007, the Communications Legislation Amendment (Enforcement Powers) Act 2006 came into effect to amend the Broadcasting Services Act 1992 to provide the Australian Communication and Media Authority (ACMA) with a range of flexible enforcement powers for breaches of broadcasting regulations.
Previously, ACMA’s enforcement powers were limited to:
- referring criminal prosecution matters to the Commonwealth Director of Public Prosecutions
- suspending, cancelling and imposing additional conditions on licences issued under the Broadcasting Services Act 1992, and
- issuing the following notices:
- notice to conform
- notice of intention
- notice to cease
- notice to provide services complying with code, and
- notice to require a person to remedy a breach.
With its new enforcement powers, ACMA can now also:
- issue remedial directions, and infringement notices.
- accept enforceable undertakings
- seek injunctions:
- against unacceptable media diversity or three-way control situations
- when an unlicensed broadcasting service provider has failed to comply with requirements, and
- pursue civil penalty orders through the Federal Court.
For further information please visit the ACMA website.
ACCC publishes interim determinations in telecommunications access disputes
On 15 February 2007, the Australian Competition and Consumer Commission (ACCC) published interim determinations in two telecommunications access disputes over the Domestic Mobile Terminating Access Service (MTAS) that Optus Mobile Pty Ltd and Optus Networks Pty Ltd (Optus) supplies to Telstra Corporation Ltd (Telstra).
The MTAS is used by providers of fixed-to-mobile and mobile-to-mobile calls, to allow their customers to call mobile phone users. Terms and conditions (eg charges) for carrying the portion of a call that terminates on the Optus mobile network, were disputed.
The interim determinations and statement of reasons published, follow consultations between the parties and the ACCC, which began on 25 January 2007. The ACCC has determined, on an interim basis, a price of 12 cents per minute, except where the parties have agreed otherwise for the first six months of 2007.
The interim determinations and statement of reasons are available at the ACCC website.
Details of the dispute (Optus Mobile Pty Limited and Optus Networks Pty Limited [2006] ACompT 8) can be accessed on the AustLII website.
ACMA releases guidelines for new enforcement powers
On 7 February 2007, the Australian Communications and Media Authority (ACMA) released guidelines relating to its new enforcement powers introduced by the
Communications Legislation Amendment (Enforcement Powers) Act 2006. The guidelines note that ACMA intends to use the minimum intervention necessary for the most appropriate enforcement action, depending on the scale, risk and urgency of the breach. Under the guidelines, the principles that ACMA will employ in making enforcement decisions include:
- promoting industry compliance with statutory obligations
- being proactive as well as reactive in its compliance activities
- keeping decisions free from conflicts of interest and gender, racial, religious or political bias
- keeping enforcement action proportionate to the impact of the breach and the risk of future breach
- considering each breach individually, and
- addressing systemic elements to avoid future breaches.
The guidelines will be reviewed annually and are accessible on the Federal Register of Legislative Instruments website together with an explanatory statement.
On 15 February 2007, the ACMA released draft guidelines on the types of services that may be provided as narrowcasting television services under sections 17 and 18 of the Broadcasting Services Act 1992. The paper sets out how ACMA will decide whether a broadcasting service falls into a narrowcasting category. Narrowcasting television services are services where reception is limited to a more targeted audience than for commercial broadcasting services. Narrowcasting television services usually satisfy one of the following criteria:
- targeted to special interest groups
- provided during a limited period
- covering a special event
- providing programs of limited appeal, and
- intended for limited locations (eg arenas, business premises).
Subscription narrowcasting services require the payment of a subscription fee, whereas open narrowcasting services do not.
It is recommended that prospective narrowcasters should seek a binding opinion from ACMA under section 21 of the Broadcasting Services Act 1992, as to whether their service falls into a narrowcasting category. ACMA’s binding opinion will remain valid for at least five years.
ACMA is seeking comments on the draft guidelines, which are available at the ACMA website. Submissions close on 9 March 2007.
ACMA uses its new enforcement powers to accept enforceable undertakings
On 13 February 2007, the Australian Communications and Media Authority (ACMA) accepted several enforceable undertakings from parties who are recapitalising media assets held by Publishing and Broadcasting Ltd and Seven Network Ltd. This was possible as a result of ACMA’s new enforcement powers under the
Communications Legislation Amendment (Enforcement Powers) Act 2006.
Both sets of enforceable undertakings provide that the foreign entities involved will not breach the current prohibitions on foreign control of commercial television licences. The enforceable undertakings replace deeds that the parties agreed with ACMA, in December 2006.
As required, each party has submitted a confidential report on its compliance with the terms of its undertakings to ACMA.
The agreed deeds can be accessed on the ACMA website.
On 20 February 2007, the Australian Communications Industry Forum (ACIF) published a revised version of the Calling Number Display Industry Code ACIF C522:2007 (Code), which replaces the code previously published in February 2003. The Code addresses privacy issues raised by Calling Line Identification (CLI) and Calling Number/Name Display (CND).
The 2007 revision of the Code involves the following changes:
- allowing suppliers more flexibility in the means of blocking or enabling CND information
- providing more clarity on uses of CLI by Carriage Service Providers
- standardising the terms used
- catering for the impact of new technologies
- removing the CND Guidelines, since these are addressed in the Privacy Act 1988, Spam Act 2003 and Do Not Call Register Act 2006
- recognising that some Voice Over the Internet Protocol (VoIP) providers may be technically unable to block CND and that these VoIP providers should notify the customer.
The Code is available at the ACIF website.
These articles were written by Duncan Giles, Special Counsel and Naomi Messenger, Solicitor, Sydney.
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