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Posts Tagged ‘Telco Lawyers’Communications Authority launches new regulatory pushTuesday, September 13th, 2011 Retail internet and voice service providers are about to see the next wave of regulation from the Australian Government. This time, it is the Australian Communications and Media Authority (‘ACMA’) that is driving the changes. ACMA is demanding a series of major changes to advertising and sales practices, as well as billing and complaint handling. It is allowing the industry a short time to adopt the changes ‘voluntarily’ via an updated Telecommunications Consumer Protections Code. If that does not happen, it will enforce its requirements using its own powers. Quoting ACMA: The ACMA is giving industry five months in which to develop a revised code dealing with the matters that it considers must be changed. If those changes cannot be made within that time, the ACMA will intervene directly to implement its proposals by way of a standard. Unless the industry adopts the ‘proposals’ in its Telecommunications Consumer Protection Code (‘TCP Code’) , ACMA will mandate them. Chris Chapman has now been reported as saying: “The industry [is] ‘formally on notice’ to reflect the proposed changes in the new TCP code. If the industry doesn’t develop a code that addresses ACMA’s concerns, the ACMA will mandate changes through direct regulation.” ACMA’s new ‘proposed’ rules
Comment Initially, it will be up to the industry (through Communications Alliance) to redesign its TCP Code to satisfy ACMA. If that fails, a mandatory new industry standard is inevitable. What should service providers be doing now? First, it is important to realise that the main points are all locked in – as far as ACMA is concerned. Consultation on the changes is finished. There is room to refine the details, but the headline elements listed above are not negotiable for ACMA. Second, you should consider whether you want to engage with Communications Alliance about any changes to the TCP Code. These changes will affect you and your sales and delivery processes. If you want to influence the TCP Code process, you’ll need to be prepared. There are only five months left for Communications Alliance to produce a document that satisfies ACMA. Third, you should start to think about how your business will comply with requirements along the lines of those outlined above. What will your marketing / sales / delivery / complaints handling look like in 2012? Will you be well positioned to prosper in the new environment? How? Tags: ACMA, IT Lawyers, technology lawyers, Telco Lawyers, telecommunications law, Telecommunications Lawyers Cooper Mills Bulletin on ACMA CrackdownWednesday, June 1st, 2011 The Australian Communications and Media Authority today foreshadowed six telco / ISP action areas it intends to address. While the six areas are described as ‘proposals’, ACMA is making it very clear that they will become law. ACMA Chairman Chris Chapman is reported in today’s Age Online as follows: You can read more about in the Cooper Mills Telecommunications Law Bulletin. Tags: ACMA, Chris Chapman, ISP, isp law, IT Law, Telco, Telco Lawyers, Telecom Lawyers, Telecommunications Lawyers GSM Encryption CrackedSaturday, January 2nd, 2010 According to news reports, German researchers claimed to have cracked the A5/1 encryption technology used to encrypt GSM mobile phone calls, which represents approximately 80% of the worlds mobile phone users. These claims have raised concerns with some mobile operators, who claim that if this finding were to be used by criminals, GSM telephone call could be intercepted and monitored relatively easily and cost effectively. This type of conduct is prohibited under Australian law. IT and Telecommunications Lawyer, Erhan Karabardak, Principal of Cooper Mills Lawyers, said:
Tags: Telco Law, Telco Lawyers, Telecom Law, Telecom Lawyers, telecommunications law, Telecommunications Lawyers Telstra fined for Do Not Call Register BreachesWednesday, August 19th, 2009 The Australian Communications and Media Authority (ACMA) yesterday announced that Australia’s largest Telco Telstra breached the Do Not Call Register Act (“Act”) and was fined $101,200. The ACMA claims that one of Telstra’s external call centres in Australia made telemarketing calls to numbers listed on the Do Not Call Register (the Register). The ACMA began investigations in August 2008 following a raft of consumer complaints about calls to numbers listed on the Do Not Call Register. According to the ACMA:
In addition to the fine, Telstra was forced to enter into enforceable undertakings with the ACMA, which included the appointment of external consultants to review Telstra’s compliance procedures. In clarifying its expectations, the ACMA said that it:
This is at odds with its earlier treatment of the Westpac Bank who only received a warning for breaches earlier this year – Westpac Bank breaches Act. In commenting on the ACMA’s action, Cooper Mills Director and IT & T Lawyer Erhan Karabardak said that:
Tags: ACMA, Erhan Karabardak, ISP Lawyers, IT Lawyers, Telco Lawyers, Telecom Lawyers, Telecommunications Lawyers |
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