Communications Alliance Pty Ltd

Communications Alliance Welcomes High Court Decision re iiNet. Will continue to pursue an Industry-Led Scheme

Sydney, 22 April 2012 -  Communications Alliance welcomed today’s unanimous High Court decision to dismiss the appeal by film and television companies against iiNet Limited.

The High Court ruled that the conduct of iiNet did not constitute authorisation of online copyright infringements undertaken by internet users.

Communications Alliance was granted leave by the High Court to be heard as amicus curiae (“friend of the Court”) in support of iiNet’s position and made written and oral submissions to the Court at the hearing in December 2011.

Communications Alliance CEO, John Stanton said the judgement provided welcome clarity for all Australian ISPs on the legal situation where copyright infringement by their customers is alleged to have occurred.

“The Court’s unanimous finding that the conduct of iiNet did not constitute authorisation of infringing activity is a particularly welcome piece of guidance for all players in the industry,” Mr Stanton said.

Mr Stanton said Communications Alliance and Australia’s major ISPs were ready to continue discussions already underway with Rights Holders and the Australian Government to see whether a cooperative industry-led scheme could be implemented to address online copyright issues.

“We hope that the High Court judgment will help us accelerate the process of agreeing with rights holders the basis for an industry-led scheme that will discourage copyright infringement, appropriately protect customers’ rights and benefit the industry as a whole,” Mr Stanton said.

Communications Alliance has been in discussion throughout 2011 with a range of rights holders from industries including film, music, publishing, software and gaming. More recently these discussions have also involved the Federal Attorney-General’s Department.

Communications Alliance produced an ISP-supported proposal for an industry-led scheme in late 2011 and has maintained efforts since then to reach agreement on a trial scheme to establish a workable methodology and funding arrangements to effectively combat online copyright infringement.   

Communications Alliance has maintained a dialogue on these issues with consumer representatives and believes it will be important that they be given the opportunity to contribute to the development of any future scheme. 

ABOUT COMMUNICATIONS ALLIANCE

Communications Alliance is the primary telecommunications industry body in Australia. Its membership is drawn from a wide cross-section of the communications industry, including carriers, carriage and internet service providers, content providers, search engines, equipment vendors, IT companies, consultants and business groups.

Its vision is to provide a unified voice for the telecommunications industry and to lead it into the next generation of converging networks, technologies and services. The prime mission of Communications Alliance is to promote the growth of the Australian communications industry and the protection of consumer interests by fostering the highest standards of business ethics and behaviour through industry self-governance. For more details about Communications Alliance, see www.commsalliance.com.au.

Media information contact:

Kreab Gavin Anderson
Amanda Buckley abuckley@kreabgavinanderson.com 0419 801 349
Lucy Mudd lmudd@kreabgavinanderson.com 0402 106 613

Communications Alliance Establishes Satellite Services Working Group

Sydney, 12 March 2012 -  Communications Alliance has established a Satellite Services Working Group to advance the interests of the growing satellite-based network and facilities services sector in Australia.

Communications Alliance CEO, John Stanton welcomed the formation of the group, which reflects in part the important satellite component of the National Broadband Network (NBN) plan. The foundation members of the group include many of Australia’s leading satellite services players, including Optus Satellite, NBN Co, Telstra, Newsat, Intelsat, Thales, APN, Indigo Telecom, SES New Skies and Coutts Communications.

The Working Group will focus on a range of activities, including:

• policy development and advocacy on behalf of the satellite sector at the wholesale and retail layers, including via input to State and Federal Government policy fora and Inquiries;
• promotion of the role and importance of satellite services;
• liaison with NBN Co on operational issues relating to the satellite-based components of the National Broadband Network;
• expert input into the creation or revision of Communications Alliance Codes, Guidelines and Standards that have implications for satellite-based services;
• collaborative activities to foster the development and growth of the satellite sector in Australia and to resolve technical or commercial issues of common interest; and
• monitoring of international standards work relevant to the Australian satellite sector.

 “Satellite services have played an important role in conquering Australia’s communications challenges since the early 1970s and will become an even more important element of our connectivity matrix as the NBN moves from its interim satellite solution to a Ka-band based service for many parts of rural and remote Australia,” Mr Stanton said.

The Working Group will collaborate with the Satellite Industry Association of Australia (SIAA) and liaise closely with the Australian Communications and Media Authority (ACMA), which is responsible for international space coordination activities on behalf of Australia. 

ABOUT COMMUNICATIONS ALLIANCE

Communications Alliance is the primary telecommunications industry body in Australia. Its membership is drawn from a wide cross-section of the communications industry, including carriers, carriage and internet service providers, content providers, search engines, equipment vendors, IT companies, consultants and business groups.

Its vision is to provide a unified voice for the telecommunications industry and to lead it into the next generation of converging networks, technologies and services. The prime mission of Communications Alliance is to promote the growth of the Australian communications industry and the protection of consumer interests by fostering the highest standards of business ethics and behaviour through industry self-governance. For more details about Communications Alliance, see www.commsalliance.com.au.

Media information contact:

Kreab Gavin Anderson
Amanda Buckley abuckley@kreabgavinanderson.com 0419 801 349
Lucy Mudd lmudd@kreabgavinanderson.com 0402 106 613

Revised Mobile Premium Services Code - Now ACMA-Registered – Brings Stronger Consumer Protections

Sydney, 1 March 2012 -  Users of mobile premium services will soon benefit from additional protections under the revised Communications Alliance Mobile Premium Services (MPS) Code, which was today registered by the Australian Communications and Media Authority (the ACMA).

The Code was developed by a Communications Alliance MPS Code Revision Working Committee and builds on the success of the 2009 Code by including new obligations on providers to ensure a positive consumer experience throughout the MPS transaction.

The benefits to consumers are supported by TIO data that reports a 75% decrease in MPS related complaints since the implementation of the original code in July 2009, and a 90% decrease since complaints peaked in July 2008.

Communications Alliance CEO, John Stanton, welcomed the ACMA’s registration of the revised code, noting that this was a culmination of 18 months of concerted effort by the Working Committee and ACMA staff, producing an even stronger co-regulatory framework for MPS consumers. 

“In a service environment where initial complaint levels drew understandable public concern, the dramatic reduction in complaints about MPS services shows the effectiveness of the strong industry Codes when coupled with enforceability by the ACMA and a commitment by industry to compliance.

“The new code requires carriage service providers to report quarterly to the ACMA on their compliance monitoring activities and imposes additional obligations to ensure greater clarity in advertising, including online ads.”

Other key improvements in the revised code include:

• streamlining of the Double Opt-in procedure which consolidates the opt-in process for non-mobile, WAP and IVR request mechanisms with the opt-in process for MO (Mobile Originating) requests to create a new single opt-in process;
• new requirements stipulating that specific information (STOP facility, inclusion of the term “subscribe/subscription” &  content suppliers’ Helpline) be included in subscription messages; and
• provision of chapter summaries and the simplification and clarification of terminology used in the Code, to make it more accessible and easier to understand;
• new protections relating to the supply of Reverse Charge Billing Services, which had previously been exempted from the Code.

Mr Stanton paid tribute to the efforts of the members of the Working Committee and its independent Chair, Ms Jane Smith, whose focus and energy ensured that Committee discussions were always directed towards practicable solutions. The Committee comprised representatives of industry and ACCAN (the Australian Communications Consumer Action Network), and its work was also acknowledged by Ms. Smith.

"I was impressed by the Working Committee's constructive attitude to finding better solutions for consumers, building on the success of the original Code.”

The revised Code will come into effect on 1 June 2012. In the lead up to the Code’s implementation Communications Alliance will launch its Communications Essentials series of industry seminars, being held in association with the law firm Baker & McKenzie. The first seminar of the series will focus on the revised Mobile Premium Services Code and its key inclusions, and will also include feedback from the ACMA on how it intends to approach its enforcement of the new Code. The MPS seminar will be held on 26 March 2012. Registration details will be made available to industry shortly. 

View Mobile Premium Services Code 2012 here.

ABOUT COMMUNICATIONS ALLIANCE

Communications Alliance is the primary telecommunications industry body in Australia. Its membership is drawn from a wide cross-section of the communications industry, including carriers, carriage and internet service providers, content providers, search engines, equipment vendors, IT companies, consultants and business groups.

Its vision is to provide a unified voice for the telecommunications industry and to lead it into the next generation of converging networks, technologies and services. The prime mission of Communications Alliance is to promote the growth of the Australian communications industry and the protection of consumer interests by fostering the highest standards of business ethics and behaviour through industry self-governance. For more details about Communications Alliance, see www.commsalliance.com.au.

Media information contact:

Kreab Gavin Anderson
Amanda Buckley abuckley@kreabgavinanderson.com 0419 801 349
Lucy Mudd lmudd@kreabgavinanderson.com 0402 106 613

TIO Investigations Fall by 73% as Complaints Volumes Continue to Fall

Sydney, 29 February 2012 -  Communications Alliance welcomed the dramatic fall in complaints requiring investigation by the Telecommunications Industry Ombudsman (TIO), as well as continuing falls in complaint numbers, revealed in new figures released today.

The TIO revealed that the number of complaints that were not resolved early and therefore needed some investigation dropped by 73% in the last quarter of 2011 – from 241 down to 64.

Overall complaints to the TIO during the quarter were 19% lower than in the first quarter of 2011 and 6% lower than in the previous quarter.

Communications Alliance CEO John Stanton said the downward trend in complaints was encouraging and would accelerate once the industry’s new Telecommunications Consumer Protections (TCP) Code was registered by the industry regulator, the Australian Communications and Media Authority (ACMA).

“Overall complaint volumes are still too high, but we are seeing a positive trend emerging – partly because many service providers are already modifying aspects of their customer-facing operations to be able to comply with the new Code, which is currently awaiting registration by the ACMA before it can come into force,” Mr Stanton said.

“The reduced complaint numbers are being achieved despite the higher profile adopted by the TIO, which in itself tends to generate higher complaint numbers. 

“The huge drop in complaints requiring investigation points to better engagement by service providers with customers who have taken complaints to the TIO, to ensure that complaints are normally resolved quickly.”   

ABOUT COMMUNICATIONS ALLIANCE

Communications Alliance is the primary telecommunications industry body in Australia. Its membership is drawn from a wide cross-section of the communications industry, including carriers, carriage and internet service providers, content providers, search engines, equipment vendors, IT companies, consultants and business groups.

Its vision is to provide a unified voice for the telecommunications industry and to lead it into the next generation of converging networks, technologies and services. The prime mission of Communications Alliance is to promote the growth of the Australian communications industry and the protection of consumer interests by fostering the highest standards of business ethics and behaviour through industry self-governance. For more details about Communications Alliance, see www.commsalliance.com.au.

Media information contact:

Kreab Gavin Anderson
Amanda Buckley abuckley@kreabgavinanderson.com 0419 801 349
Lucy Mudd lmudd@kreabgavinanderson.com 0402 106 613

TCP Code Heralds New Era of Improved Service for Australian Telecommunications Consumers

Sydney, 7 February 2012 - Australia’s communications consumers will enjoy better service, clearer pricing and a far-reaching framework of strong protections under a new industry Code submitted for registration today by Communications Alliance.

The revised Telecommunications Consumer Protections (TCP) Code was approved for submission to the industry regulator - the Australian Communications and Media Authority (ACMA) – by the Board of Communications Alliance.

The revised TCP Code provides a fundamental overhaul of the previous code, with broader and stronger consumer protections across all elements of  telecommunications services to consumers and small business customers in Australia.

Communications Alliance CEO, John Stanton said key achievements of the Code – developed with valuable input from consumer groups and regulators – include:

• improved product information provided to customers pre-sale – the “Plan Essentials” summary of offer document that will help consumers understand products before they buy and allow them to easily compare offers from different providers;
• a ‘unit-pricing’ regime in large text advertisements, online and in the Plan Essentials document to make it easier for customers to understand the underlying rates in ‘included value’ packages and plans;
• stronger expenditure management tools, including regular customer usage notifications for voice, SMS and data, to help consumers manage their monthly spend and prevent ‘bill-shock’;
• stronger controls on telecommunications product advertising and the phase-out of the term “cap” for non-hard cap plans ;
• Communications Compliance - a strong new independent body to monitor and ensure compliance with the new Code by providers across the industry;
• rigorous complaint-handling rules, deadlines for providers to resolve complaints and a unique identifier to enable consumers to more easily track the progress of their complaint;
• a reduced back-billing period, new bill content rules and access to 24 months of prior billing data free of charge;
• new obligations concerning financial hardship, strong rules concerning customer transfer and enhanced protections for vulnerable customers;
• requirements for providers to more explicitly promote the Telecommunications Industry Ombudsman (TIO) as an alternative dispute resolution tool.

Mr Stanton said the many significant advances in the new Code, compared to the existing TCP Code which came into being in 2007, reflected a genuine commitment on the part of industry to dramatically boost customer service.

The process of revising the Code was characterised by the strong and collaborative involvement of key stakeholders, including consumer groups such as the Australian Communications Consumer Action Network (ACCAN), industry representatives, the Australian Competition and Consumer Commission (ACCC), the Department of Broadband, Communications and the Digital Economy (DBCDE) and the ACMA itself.

The revised Code will now be considered by the ACMA, with industry hopeful that it can be registered and come into effect quickly.  Copies of the Code and a more detailed summary of its key provisions are available on the Communications Alliance web-site here.

The Code revision was managed by a multi-stakeholder Steering Group, supported by six Working Committees comprised of consumer and industry representatives. Mr Stanton paid tribute to the independent Chair of the Steering Group, Ms Fay Holthuyzen, whose energy and leadership was invaluable throughout the complex project.

The revision was informed and greatly assisted by the work of the ACMA,  through its contribution to the establishment of the revision,  its constructive participation in the Steering Group, and through the carriage and findings of the Reconnecting the Customer (RTC) Inquiry. 

The vast majority of the recommendations provided to Communications Alliance by the ACMA, before, during and after the RTC Inquiry, have been incorporated into the new Code. 

Communications Alliance is confident that the new Code meets the objectives set by the RTC Inquiry and by the notice issued by the ACMA in September 2011 under Section 125 of the Telecommunications Act 1997:  to provide adequate community safeguards and to adequately regulate participants in the Australian telecommunications industry.

Communications Alliance is equally confident that implementation of the Code will generate a greatly improved environment for Australian consumers, characterised by improved customer service and complaint handling, higher customer satisfaction and reduced complaint volumes.

The Code mirrors closely the recommendations of the RTC findings, but in several cases uses alternative mechanisms to meet the RTC objectives where it was felt that these would be more effective and/or practicable to implement.
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ABOUT COMMUNICATIONS ALLIANCE

Communications Alliance is the primary telecommunications industry body in Australia. Its membership is drawn from a wide cross-section of the communications industry, including carriers, carriage and internet service providers, content providers, search engines, equipment vendors, IT companies, consultants and business groups.

Its vision is to provide a unified voice for the telecommunications industry and to lead it into the next generation of converging networks, technologies and services. The prime mission of Communications Alliance is to promote the growth of the Australian communications industry and the protection of consumer interests by fostering the highest standards of business ethics and behaviour through industry self-governance. For more details about Communications Alliance, see www.commsalliance.com.au.

Media information contact:

Kreab Gavin Anderson

Amanda Buckley abuckley@kreabgavinanderson.com 0419 801 349
Lucy Mudd lmudd@kreabgavinanderson.com 0402 106 613

Communications Alliance to revise industry’s Quality of Service (QoS) guidelines to enhance consumer experience when using the NBN

Sydney, 20 December 2011 - Communications Alliance will revise the telecommunications industry’s Quality of Service (QoS) guidelines for internet protocol (IP)-based services, to help ensure that consumers can enjoy a high quality experience when using the National Broadband Network (NBN).

Communications Alliance CEO, John Stanton, said the advent of the NBN made it timely to revise two key Communications Alliance guidelines, introduced in 2007, that service providers use to minimise quality-degrading factors such as delay, jitter and packet loss on IP- based services.

“Most IP services used by Australian consumers until now have run on copper-based networks. The existing guidelines have worked well to help deliver the best available service quality over copper, but the shift to fibre-based services via the NBN will change the classes of traffic being carried and a number of parameters within the access network,” Mr Stanton said.

“Therefore we need to ensure that the industry guidelines fully reflect the game-changing aspects of the shift to fibre and continue to foster the best possible end-to-end service quality for everyone using services carried over the NBN.”

The Communications Alliance Network Reference Panel took the decision to revise the two guidelines (G632 and G633), which cover quality of service parameters and testing arrangements for IP-based services.

Communications Alliance will work closely with NBN Co and other relevant stakeholders in revising the guidelines and will also take account of changes to relevant International Telecommunications Union (ITU) recommendations.

Mr Stanton said the working committee undertaking the revision aimed to complete its tasks by mid-2012.
He said the QoS guideline revision was one of several activities underway through Communications Alliance on behalf of the industry to enhance the consumer experience when using the NBN.

“Comms Alliance is also developing an Operations Code in cooperation with NBN Co to ensure appropriate intra-industry coordination, so that processes such as customer transfer between services providers is smooth, user-friendly and pro-competitive,” Mr Stanton said.  

ABOUT COMMUNICATIONS ALLIANCE

Communications Alliance is the primary telecommunications industry body in Australia. Its membership is drawn from a wide cross-section of the communications industry, including carriers, carriage and internet service providers, content providers, search engines, equipment vendors, IT companies, consultants and business groups.

Its vision is to provide a unified voice for the telecommunications industry and to lead it into the next generation of converging networks, technologies and services. The prime mission of Communications Alliance is to promote the growth of the Australian communications industry and the protection of consumer interests by fostering the highest standards of business ethics and behaviour through industry self-governance. For more details about Communications Alliance, see www.commsalliance.com.au.

Media information contact:

Einsteinz Communications

T: (02) 8905 0995

E: jennifer@einsteinz.com.au

E: pru@einsteinz.com.au

E: karen@einsteinz.com.au

Communications Alliance publishes NBN pit and pipe specification for greenfield developments

Sydney, 12 December 2011 - Communications Alliance today published its Fibre Ready Pit and Pipe Specification for Real Estate Development Projects (G645:2011) to provide greater certainty to developers and the communications industry on fibre requirements for rolling out  the National Broadband Network (NBN), particularly in greenfield developments.

Communications Alliance CEO, John Stanton, said the publication is an important part of the industry’s work to enable the rollout of the NBN.

“The Specification has been designed to ensure the rollout of new fibre infrastructure in greenfield development sites is both consistent and in line with industry best practice,” Mr Stanton said.

Phil Smith, General Manager of Opticomm and Chair of the Greenfields Working Committee that developed the Specification, said the publication is a good outcome for industry, real estate developers and consumers.

“The document delivers certainty for stakeholders in greenfield developments,” Mr Smith said.  “Now everyone can get on with their business of connecting up new property developments with confidence.”

The document is designed to complement amendments to the Telecommunications Act 1997 and arising from the Telecommunications Legislation Amendment (Fibre Deployment) Bill 2011 by:

• Outlining the minimum industry requirement for telecommunications pit and pipe installation for it to be considered a ‘fibre-ready facility’; and
• Describing recommended processes for the design and installation of pit and pipe facilities for use in the deployment of ‘optical fibre lines’.

The Greenfields Working Committee included representatives of NBN Co, Opticomm, Telstra and TransACT, and the Specification incorporates input from representatives of the development and housing industries as well as a number of equipment manufacturers.

G645:2011 is available for download at no charge from the Communications Alliance website – www.commsalliance.com.au/Documents/all/guidelines/g645.  

ABOUT COMMUNICATIONS ALLIANCE

Communications Alliance is the primary telecommunications industry body in Australia. Its membership is drawn from a wide cross-section of the communications industry, including carriers, carriage and internet service providers, content providers, search engines, equipment vendors, IT companies, consultants and business groups.

Its vision is to provide a unified voice for the telecommunications industry and to lead it into the next generation of converging networks, technologies and services. The prime mission of Communications Alliance is to promote the growth of the Australian communications industry and the protection of consumer interests by fostering the highest standards of business ethics and behaviour through industry self-governance. For more details about Communications Alliance, see www.commsalliance.com.au.

Media information contact:

Einsteinz Communications

T: (02) 8905 0995

E: jennifer@einsteinz.com.au

E: pru@einsteinz.com.au

E: karen@einsteinz.com.au

Australia’s Internet Service Providers Propose Scheme to Address Online Copyright Infringement

Sydney, 25 November 2011 – Communications Alliance and five of Australia’s largest Internet Service Providers (ISPs) today unveiled a ground-breaking proposed scheme to combat the growing problem of online copyright infringement.

The scheme is designed to encourage a sustained and positive change in the behaviour of internet users who engage in online activity that may be an infringement of copyright laws and potentially illegal under the Copyright Act 1968, typically via peer-to-peer (P2P) file sharing or unauthorised content downloads.

The proposed education-based Notice Scheme flows from discussions held during 2011 between ISPs, the Federal Government and “Rights Holders” - representatives of the movie, music, software, gaming, publishing and other sectors who hold copyright over material that can be accessed online. While those discussions are ongoing and final agreement is yet to be reached, the ISPs have outlined their proposal in a discussion paper available at www.commsalliance.com.au, to further the broader debate on online copyright issues.

The Scheme would require ISPs – in response to evidence provided by Rights Holders - to forward education and warning notices to customers whose internet accounts have been detected undertaking activity that might infringe copyright laws.

The proposed Scheme has a strong emphasis on educating consumers – many of whom may not be aware that their online activity could be illegal.  It is also designed to assist Rights Holders to protect their copyright in cases where internet users persist in improper activity despite repeated warnings.

The proposed Scheme does not provide for termination of consumers’ internet accounts, nor for any punitive sanctions to be imposed on customers by ISPs; and gives consumers the right to appeal if they receive a notice but believe they have not done anything improper.

The proposal was developed by Communications Alliance and ISPs including Telstra Bigpond, iiNet, Optus, iPrimus and Internode, with collaboration by AAPT, Ericsson Australia and the Internet Industry Association (IIA). 

Communications Alliance CEO, John Stanton, said the industry proposal was a positive initiative by ISPs to address a complex and contentious set of issues that society had been struggling with for years.

“We believe the Notice Scheme can greatly reduce online copyright infringement in Australia, while protecting consumer rights, educating consumers about how to access legal online content and helping Rights Holders to protect their rights,” Mr Stanton said.

“Equally important is the need for Rights Holders to ensure that consumers have access to legal and affordable content online, to reduce the motivation to source content in ways that might be illegal.”

Australian consumers’ ability to legally access content in a timely and affordable manner varies according to the content type (e.g. release of TV programs and movies in Australia can lag months behind US releases). This difficulty, combined with a proliferation of access technologies, such as file-sharing software, has reportedly seen a growth in the frequency of unauthorised access to online content and breaches of copyright laws.

The Scheme proposed by ISPs would be undertaken on a trial basis over an 18 month period and is designed to be implemented rapidly and cost-effectively. The trial would be followed by an independent evaluation of its effectiveness, including whether it produced a real change in consumer behaviour and whether the Scheme should be continued in its initial form or modified for improvement.

Mr Stanton said the evaluation would also be informed by the growing body of international experience in other jurisdictions where varying types of online copyright schemes were being implemented e.g. in the UK, New Zealand, Canada, France and the USA.

Mr Stanton said the proposal by ISPs would require further consultation with Rights Holders, consumer representatives, the Federal Government and the broader ISP sector before full details and an implementation timetable could be finalised. 

Issues for further discussion include:

• How to fairly apportion the costs of establishing and operating the scheme between ISPs and Rights Holders; and
• The creation of a proposed Industry Panel that would be responsible for making educational material available to consumers, and dealing with queries or appeals from consumers who receive education or warning notices but believe they might not be responsible for the internet activity that has been detected.

“We look forward to continuing the discussions with Rights Holders, consumer representatives, the broader ISP community and the Federal Government, then to launching an agreed scheme that is that is efficient, fair and cost-effective for all parties, particularly consumers,” Mr Stanton said.  

ABOUT COMMUNICATIONS ALLIANCE

Communications Alliance is the primary telecommunications industry body in Australia. Its membership is drawn from a wide cross-section of the communications industry, including carriers, carriage and internet service providers, content providers, search engines, equipment vendors, IT companies, consultants and business groups.

Its vision is to provide a unified voice for the telecommunications industry and to lead it into the next generation of converging networks, technologies and services. The prime mission of Communications Alliance is to promote the growth of the Australian communications industry and the protection of consumer interests by fostering the highest standards of business ethics and behaviour through industry self-governance. For more details about Communications Alliance, see www.commsalliance.com.au.

Media information contact:

Einsteinz Communications

T: (02) 8905 0995

E: jennifer@einsteinz.com.au

E: pru@einsteinz.com.au

E: karen@einsteinz.com.au