Issue No 28: 21 September 2020

Submission to the Department of Home Affairs Critical Infrastructure Reforms

Communications Alliance has made a submission in response to the Department of Home Affairs Consultation Paper Protecting Critical Infrastructure and Systems of National Significance. In our submission, we:

• welcome the stated objectives to focus on principles-based objectives and to implement the reforms in a manner that secures appropriate outcomes without imposing unnecessary or disproportionate regulatory burden;
• argue that security of infrastructure (including in an all-hazards context) in the telecommunications sector ought to continue to be governed by existing legislative and regulatory arrangements, most notably the TSSR and the Telecommunications Act 1997, and that a thorough gap analysis be conducted prior to the imposition of any additional requirements;
• highlight the need for clarification and greater detail on what is being contemplated by the reforms and which entities would be covered by some of the most advanced security obligations;
• highlight the importance of independent authorization and tight governance arrangements around the use of direction and direct action powers and the need for indemnity provisions for operators in such circumstances;
• argue that, due to the global nature of supply chains, existing international standards ought to be applied where required, avoiding unnecessary, inflexible and/or Australia-specific supply chain requirements;
• note that the data and cloud sector requires careful consideration due to its enabling nature across sectors and the potential for overlapping or even inconsistent regulation with other sectors;
• point to room for improved cooperation between stakeholders and across sectors, including through existing cooperation mechanisms, such as the TISN; and
• call on Government to establish a Critical Infrastructure Implementation Working Group involving all stakeholders (across sectors) to develop an effective, proportionate and practical implementation path for critical infrastructure sectors.

Submission to review of TIO Terms of Reference

Communications Alliance has raised concerns that the TIO’s proposed changes to their Terms of Reference could negatively impact their position as a respected, independent dispute resolution body. The submission to the review also objects to the proposed significant expansion in remit that would create significant confusion with other dispute resolution bodies and lead to an unfair market for devices. The submission has been published on our website.

C-Band Satellite Services Under Pressure

The Satellite Services Working Group (SSWG) has provided a response to the ACMA’s consultation on the replanning of the 3700–4200 MHz spectrum band, also known as the C band; a band that is essential to satellite service providers for the delivery of fixed satellite services. The ACMA has suggested three options based on a number of purported desirable outcomes, proposing to change the spectrum management framework to allow for the introduction of wireless broadband (WBB) services. In reviewing the options being proposed by the ACMA and taking into consideration foreseeable spectrum demand, the SSWG argues that no additional wide-area WBB spectrum is required, and that a much smaller amount of shared local-area WBB spectrum is warranted.

New Member

Communications Alliance is pleased to welcome the following new member: