Archive for the ‘ISP and Telco Law’ Category

iiNet wins appeal

Thursday, February 24th, 2011

The Full Court of the Federal Court of Australia has today dismissed the appeal by AFACT against iiNet’s earlier win the in Federal Court.

We will bring you more analysis of the decision shortly.

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More Posts Coming Soon

Tuesday, December 7th, 2010

We have more IT Law, Domain Law and Telecommunications Law posts coming soon.

Watch this space.

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Posted in Domain law and domaining, General, ISP and Telco Law, IT Law, Podcasts, Privacy, Spam, Trade Practices Law, Uncategorized | Comments Off

ACMA to review numbering plan

Monday, October 25th, 2010

The Australian Communications and Media Authority (ACMA) has launched an issues paper, to examine whether the numbering plan and the way telephone numbers are used remain appropriate.

The increasing use of voice over IP (VOIP) and mobile telephones have forced a rethink on telephone numbering.

In announcing the launch of the issues paper, the ACMA Chairman Chris Chapman said:

While the existing Numbering Plan has served Australia extremely well, it is now starting to fray around the edges. Many of its features date back well over ten years, during which time there has been tremendous change in the telecommunications and broadband market.

The ACMA has called for comments on the issues paper by 3 December 2010.

The issues paper is available from the ACMA website here.

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Fixed Line Wholesale Pricing Under Review

Saturday, September 18th, 2010

The Australian Consumer and Competition Commission (ACCC) has released a draft report into the pricing model of fixed line telephony services, proposing radical price reductions, which is likely to see Telstra’s fixed line revenues fall even further.

The ACCC has suggested a move away from the traditional wholesale pricing model based Retail Price less Retail Cost, instead the ACCC has suggested an alternative model:

The ACCC has used a building block pricing model (also known as a regulated asset base, or “RAB” model), which calculates prices based on the assets and costs associated with providing the regulated services. It is consistent with the ACCC’s approach in other regulated industries. All submissions received in response to the ACCC’s December discussion paper supported such an approach.

The new model has suggested an across the board charge of $20 per month for line rental down from the two consumer and business rates that exist, while the ACCC has suggested a reduction of wholesale local call costs from 17c to 7c, a massive drop, which is likely to anger Telstra. Below we have extracted the draft pricing for the period 2011 to 2014:

Draft indicative prices

For ULLS services, the Bands relate to different geographical areas.

  • Band 2 covers non-CBD metropolitan areas, where approximately 70 per cent of Australia’s population live.
  • Band 4 price for more remote areas is notional, as there is very little demand, significant technological limitations on the copper and no reliable information on which to determine a price using the ACCC’s model. In June 2010, there were only about 144 active ULLS services in Band 4 compared to over 690,000 active ULLS services across Bands 1, 2 and 3.
Summary—Current indicative prices compared with proposed draft indicative prices to apply from 1 January 2011 to 31 December 2014
Current indicative prices Draft indicative prices
ULLS access prices with geographically de-averaged prices
Band 1 $6.60 $6.50
Band 2 $16.00 $16.00
Band 3 $31.30 $31.00
Band 4 (notional price) $100
WLR (per line per month) $25.57 (Homeline)
$26.93 (Businessline)
$20.00 (nationally averaged)
LSS (per line per month) $2.50 $2.50
PSTN OA and TA (per minute) 1c (headline rate) 1.1c (headline rate)
LCS (per call) 17c 7c
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auDA rolls out DNSSEC

Friday, August 27th, 2010

.au name space to become more secure with the rollout of DNSSEC

Details of the rollout of Domain Names System Security Extensions (DNSSEC) in the .au domain name space have recently been released by the au Domain Administration (auDA).

Developed in conjunction with the .au registry operator, AusRegistry, the plan consists of a five stage process to introduce DNSSEC into the .au Top Level Domain (TLD) and second –level zones, including com.au, net.au, org.au and asn.au.

DNSSEC is a security extension that facilitates the digital signing of internet communications. Implementation of the plan hopes to see additional protection against a range of vulnerabilities.  AuDA CEO, Chris Disspain has said in an auDA announcement that “DNSSEC can provide an extra level of security to help ensure that Australian internet users will be directed to the website or service they expect to enter when they enter a domain name into their browser.

Implementation is scheduled to commence next month and allows for:

-          Experimentation and testing of core systems

-          The gradual signing of second level .au domains and the .au TLD

-          A trail implementation for .au domain registrants, and

-          Full protection rollout to registrants

A review to be undertaken by auDA’s independent Security and Stability Advisory Committee (SSAC), chaired by professor Bill Caelli from the Queensland University of Technology, will be conducted at the end of each stage.

The fifth, and vital stage of the implementation plan will be the active encouragement of Australian ISPs and domain registrants to adopt DNSSEC. auDA believes that the Australian Government will play a significant role in delivering to the ISPs, the message about the importance of DNSSEC for the security of Australia’s internet infrastructure.

We will keep you updated as the implementation process rolls out.

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Cooper Mills launches online Brand Protection Service

Friday, July 23rd, 2010

Cooper Mills is proud to announce the launch of its new Brand Protection Service, www.TM.com.au.

Cooper Mills Lawyers, one of Australia’s leading IP, and domain law expert legal practices, today launched version 1.0 of its online brand protection service portal TM.com.au, giving both local and international clients online trademark registration services, and trademark monitoring and management services.

Cooper Mills Lawyers Director Erhan Karabardak said:

In order to meet the demands of both our local and international clients we have launched our online brand protection service, which will enable our clients to effectively monitor their intellectual property all in one convenient place. This service now brings online brand protection within the reach of all local and international businesses.

Cooper Mills expects to expand the product offering and functionality of TM.com.au over the coming months.

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Optus snaps up 3G spectrum for bush services

Thursday, July 15th, 2010

The Australian Communications and Media Authority (ACMA) has issued the first round of licences for additional spectrum for mobile telecommunications services at hundreds of sites throughout remote and regional Australia.

In the first round, Optus was successful in securing licences for 972 sites.

The ACMA received applications in response to an invitation for interested parties to apply for radiocommunications licences in the 2 Ghz band during May 2010. The 2 GHz band is used by mobile carriers to provide 3G mobile services.

In announcing the award of licences ACMA Chairman, Chris Chapman said:

I am delighted by the high level of demand from industry for additional spectrum in the 2 GHz band in regional and remote Australia.

It is expected that a second round of licensing will take place following an assessment of Telstra’s application for multiple sites.

The ACMA expect that this process will lead to a significant increase in the availability of 3G mobile phone services in regional and remote Australia, based on the number of sites applied for by Optus and Telstra.

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Cyber Security Code Launched

Monday, June 7th, 2010

On 4 June 2010 the Government in association with the Internet Industry Association launched the Voluntary Industry Cyber Security Code for ISPs.

The voluntary code is aimed at having ISPs join in contributing to cyber security, whether assisting customers understand risks and looking out for them, or notifying police when they become aware of unlawful activity.

The benefits to ISPs are obvious from a marketing perspective, this is further boosted by eligibility to display the ‘iCode Compliant’ badge on their websites. Many ISPs would argue that they already provide customers with detailed information on keeping their computers safe, and already notify law enforcement when they become aware of unlawful activity.

The Code is expected to come into force on 1 December 2010.

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ACMA determination on premium SMS restrictions

Wednesday, May 5th, 2010

Consumers will have the choice of barring all premium SMS from their mobile phones as of 1 July 2010, with the latest package of measures announced by the ACMA.

The ACMA has said that the package has been created so that “…mobile users can feel confident they will only receive and pay for services they actually want”.

In a meeting with senior representatives of mobile phone companies the ACMA will discuss the possibility of the introduction of a service where consumers can request quick and easy barring via SMS.

Complaints to the Telecommunications Industry Ombudsman regarding premium SMS services have decreased by an astonishing rate of 50% following measures introduced by ACMA last year. As the ACMA is hoping that this trend will continue, it will be closely monitoring the industry over the next 12 months to ensure that consumer concerns are adequately being dealt with.

Recent enforceable undertakings that the ACMA has accepted from Funmobile Australia Pty Limited, which included a payment of $55 000, emphasize the ACMA’s commitment to pursuing telcos which repeatedly operate in breach of the law.

Industry has welcomed the new package as a further reinforcement of the existing suite of consumer protection measures included in the Communications Alliance Mobile Premium Services Industry Code C637:2009.

Despite both consumers and industry receiving the package with a warm welcome, the telcos will be hit hard. In a quote published by Computer World, Warren Chaisatien, research director and principle analyst at Telstyle, says that although the rule will aid consumers who have unintentionally signed up to a premium services, it is likely to have a negative impact on telco revenues as the premium SMS market was worth approximately $250 million in 2009.

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ACMA issues landmark proceedings

Tuesday, March 2nd, 2010

In a landmark move, the ACMA has for the first time brought an action in the Federal Court  against Telco GoTalk for an alleged breaches of the Do Not Call Register Act 2006.

The ACMA alleges that GoTalk via its two offshore calls centres called 40,000 numbers contained on the Do Not Call Register.

Breaches of this kind have proven to be costly for infringing companies in the past, with Dodo Australia being issued a fine of $147 400 in 2008 for its call centres ringing 67 de-listed Australian phone numbers.

This isn’t the first sign of trouble for GoTalk. Last year the company accepted undertakings by the ACCC to record telemarketing calls and to monitor conversations at random to ensure compliance with the TPA, in response to allegations that its offshore call centres had misrepresented information to consumers, including pricing and terms and conditions.

The matter is listed for directions on 29 March 2010 in the Federal Court in Sydney.

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