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ACMA has found that CommSol Holdings Pty Ltd (commonly referred to as CommSol), a Canberra-based wholesale telco, breached the new network infrastructure rules, marking it the first company to do so.
Under the new rules, specified telecommunications carriers are required to provide wholesale broadband services in the areas that they provide service to. These are called Statutory Infrastructure Providers (SIPs).
This allows all Australians have access to broadband services with peak download speeds of at least 25 megabits per second.
The SIP regime came into effect in July 2020. The new rules establish that SIPs must clearly communicate to retail telco service providers their connection and fault repair timeframes and the cost of services on their network.
It also specifically requires that SIPs publish their terms and conditions for providing wholesale services to retail telco service providers on their website.
However, an ACMA investigation found that CommSol failed to publish terms and conditions on its website as required, breaching the conditions within the new network infrastructure rules.
In February and April 2021, ACMA sent alerts to CommSol about its non-compliance. However, a subsequent audit of CommSol’s website in July 2021 revealed the issue had not been rectified, causing an investigation to open.
CommSol addressed its non-compliance by publishing the required material on its website in September 2021.
ACMA issued a formal warning to CommSol for breaching its carrier licence conditions under the Telecommunications Act 1997. Upon reaching this decision, the ACMA noted the time taken by CommSol to address the non-compliance.
NBN Co is the default SIP across Australia. Other network providers can also be SIPs, such as where they have contracts to service premises in new real estate developments, shopping centres or apartments. The ACMA maintains a register of SIPs which allows consumers to identify the SIP in their area.
The ACMA is responsible for enforcing obligations on SIPs under Part 19 of the Telecommunications Act.
Source: ACMA Media Release
Eliza Sayon is an experienced writer who specialises in corporate and government communications. She is the content producer for Public Spectrum, an online knowledge-based platform for and about the Australian public sector.
