CooperMills

Archive for July, 2012

The Australian Communications and Media Authority (ACMA) has today announced that it has changed the Telecommunications Numbering Plan 2007.

The three major changes are:

• supplement the supply of digital mobile numbers with a new prefix starting with ‘05’
• supplement the supply of geographic numbers in regional areas where the existing supply is expected to be exhausted within 20 years
• remove the geographic sectors around five capital cities.

The most notable change is the introduction of the ’05′ prefix to new mobile numbers, which will supplement the existing ’04′ range of mobile numbers. This change has been driven by the ACMA’s prediction that an addition 100 million mobile numbers will be required over the next 20 years.

A copy of the Telecommunications Numbering Plan Variation 2012 is available for download.

Tags: ACMA, telco lawyer, telecommunications law, Telecommunications Lawyers, Telecommunications Numbering Plan
Posted in General, ISP and Telco Law, IT Law | Comments Off

ACMA has just announced that the new 2012 TCP Code will be registered, and will come into force on 1 September 2012.

This is a big deal for telco operators.  ACMA Chairman Chris Chapman made the point in his media release:

This is … important … as the code will apply to every service provider in Australia. Compliance with the code is no longer an option. The ACMA obviously stands ready to use its powers of investigation and enforcement if participants choose not to comply with these new code obligations (which include an obligation to report their compliance performance to the industry’s new compliance monitoring body, Communications Compliance.)

Before 1 April 2013, every service provider’s CEO (or near equivalent) will need to provide written certification that their organisation complies with the 89 pages of rules in the new Code.  It’s going to be a challenging seven months.  But whether it’s painful or relatively simple will depend on how organised we all are.

To help, we’ve set up a site at www.tcpcode.com.au, where you’ll find a growing library of resources and commentary.  I also attach a copy of our TCP Code Compliance Calendar that alerts you to the important dates along the compliance timeline.

Tags: ACMA, TCP Code, Telco Law, telco lawyer, telecommunications lawyer, Telecommunications Lawyers
Posted in General, ISP and Telco Law, IT Law | Comments Off

auDA, the Australian Domain Name regulator has called for public comment on its draft Accountability and Transparency Framework.

The draft framework arose from the independent review into auDA’s governance in a 2011 review by Westlake Consulting.

For those interested in reviewing the draft framework and submitting comment it can be found here.

Submissions close on 31 July 2012.

Tags: auDA, domain lawyer, domain name lawyer
Posted in Domain law and domaining, General, IT Law | Comments Off

The Telecommunications Industry Ombudsman (TIO) has announced that it is broadening its definition of small business by applying a new criteria to determining what a small business is.

Prior to 1 July 2012 the TIO largely dealt with consumers and also ‘small business’ customers, which until now has left many businesses outside the tent when it comes to TIO intervention.

From 1 July 2012, the TIO has announced that it will be applying the following criteria to determine what a small business is:

• the number of employees – this should be 20 employees or less but the TIO takes a flexible approach to account for variations in employment practices. For example, businesses that seasonally employ more than 20 employees (such as agricultural businesses) or that are engaged in the manufacture of goods and employ less than 100 employees, are not excluded
• the annual turnover – generally this should be under $3,000,000
• the nature of the business, and if that type of business is typically small or not-for-profit or does it operate from the owner’s home. The TIO will also consider whether the nature of the business gives the business little or no bargaining power to negotiate the terms of any telecommunications contracts with its provider
• the way the business is structured or managed. For example, is a business independently owned and funded by a small number of individuals who make most of the important business decisions?
• the issue in dispute. For example, does it relate to basic services generally purchased by residential or small business consumers or to complex technologies or systems used by larger businesses?

While the decision has been welcomed in some circles, some ISPs and Telcos have expressed their frustration that more customers will now come within the jurisdiction of the TIO. Critics claim that instead of operating as an independent party to facilitate a resolution of disputes, the TIO acts as a consumer advocate.

Tags: small business, telco lawyer, telecommunications law, telecommunications lawyer, TIO
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