Issue No 6: 1 March 2022

Comms Alliance Submission Highlighting Delay/Lack of Implementation of PJCIS Recommendations

Communications Alliance has provided a submission to the Australian National Audit Office in response to its audit Implementation of Parliamentary Committee and Auditor-General Recommendations — Department of Home Affairs.

The submission notes with concern that a number of key recommendations from parliamentary committees, most notably the Parliamentary Committee on Intelligence and Security (PJCIS), have not been implemented or, as far as we are aware of, implementation has not commenced. In some cases, in fact, recommendations concerning key issues relating to law enforcement, security and the telecommunications sector have not even been met with a Government response, long after the committee has delivered its findings.

The delay in implementation of parliamentary committee recommendations stands in sharp contrast to the intense time-pressure that is often put on our industry in the development of the respective legislation to which the recommendations pertain, and the implementation of new legislated or regulated requirements on industry.

We are particularly concerned with the lack of implementation of recommendations arising from the statutory review of the Data Retention Regime (recommendations delivered in October 2020(!)) and the review of Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020 (recommendations delivered in August 2021).

Comms Alliance Submission to the ACCC

Communications Alliance has provided input to the Australian Competition and Consumer Commission’s (ACCC) consultation paper on revisions to the Commission’s Broadband Speed Claims – Industry Guidance. The ACCC paper seeks input on two key issues: whether the Guidance material should be updated to (1) clearly state ‘typical busy period’ upload speeds provided over both fixed line and fixed wireless access networks; and (2) require RSPs to disclose to consumers the ‘factors known, or [that] ought reasonably be known that would affect the download or upload speeds received by an end user’.

In the submission, Communications Alliance voices its support for ensuring that consumers can access up-to-date information to help them understand and compare broadband offerings. However, CA notes that requirements must be of clear benefit to consumers and must address material issues in a user-friendly, easy-to-understand and meaningful manner.

Communications Alliance’s assessment of the proposed new requirements is that they fail to meet these objectives.

In relation to upload speeds, it is far from clear that there is a material problem that needs solving; neither the regulators nor Communication Alliance members appear to be aware of any significant complaints or problems associated with upload speeds, and many of the proposed Guidance changes are impractical, would be costly to implement, difficult to communicate to consumers, and not assist in meaningful comparisons. Proposals relating to the second issue are less problematic, but are still of questionable material value.

In the absence of evidence to contrary, Communications Alliance believes there is a risk that the ACCC proposals are a ‘solution in search of a problem’.

Impacts to Satellite Operators from Proposed Changes to the Television Outside Broadcast Spectrum Arrangements

The ACMA has consulted on the Television Outside Broadcast Frequency Band Plan which sets out the purposes for which the 1980–2010 MHz and 2170–2200 frequency bands may be used. The ACMA is developing spectrum management arrangements to support the introduction of mobile-satellite services (MSS) in these bands and to facilitate cessation of television outside broadcast (TOB) services in these bands.

Satellite operators on the Communications Alliance Satellite Service Working Group (SSWG) use these S-band frequencies for Telemetry, Tracking and Control (TT&C). The SSWG has provided a submission seeking clarification why earth station and earth receive station are being proposed to be changed from a primary to secondary service for the purposes of the spectrum plan. The SSWG is concerned that the proposal is likely to cause confusion and that there has not been any rationale provided for this change.

Authorising the Use of Uncoordinated Earth Station Receivers in the S and Ka Spectrum Bands

The ACMA has consulted on proposed arrangements to authorise the use of uncoordinated earth station receivers under class licensing arrangements in the 2 GHz and 28 GHz (S and Ka) spectrum bands.

The Communications Alliance Satellite Service Working Group (SSWG) has provided a submission on aspects that will affect satellite operators in these two bands.

For the 2 GHz band, the SSWG welcomes the decision to allocate the 2 GHz Mobile Satellite Service (MSS) bands to MSS service in Australia but strongly opposes a 2 x 5 MHz allocation to Narrowband MSS. This would be a bespoke Australian allocation.  For the MSS operators to successfully obtain Australian licences under these conditions, either this spectrum would be wasted everywhere else in the world or alternatively, necessitate complex switching in and out onboard these satellites as they pass over Australia.

For the 28 GHz Fixed Satellite Services (FSS) band, the SSWG acknowledges a number of significant improvements for FSS deployments outlined in the paper but there remains a number of issues of concern to SSWG members. These include the inefficient way to manage spectrum by the use of guard bands, and the proposed interference coordination approaches of various FSS services and of Maritime Earth Stations in Motion (M-ESIMs).

New Members

Communications Alliance is pleased to welcome the following new members;

Current Consultations

Below is a list of currently open telecommunications-related consultations being conducted by Government and other organisations that provide an opportunity for you to have your say.

Communications Alliance members interested in contributing to an industry submission (if one is being developed in response to a specific consultation) should contact us.