Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2019-2020-2021-2022
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Telecommunications Legislation Amendment
(Faster Internet for Regional Australia) Bill 2022
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Dr Helen Haines MP
Member for Indi
Telecommunications Legislation Amendment
(Faster Internet for Regional Australia) Bill 2022
OUTLINE
The Telecommunications Legislation Amendment (Faster Internet for Regional Australia) Bill 2022
('the Bill') will move Statutory Infrastructure Provider ('SIP') performance benchmarks into primary
legislation and establish new higher standards which SIPs must meet or face penalties.
The new legislated standards include an average download speed of 25 megabits per second every
24-hour period nationwide, a maximum 1 day wait time for all fault rectifications requiring a
technician in rural areas, a maximum 5 day wait time for all new connection in rural areas, and a
number of other new standards enhancing internet speed, fault rectification and connection times
across urban, regional, and remote Australia.
The Bill also includes new oversight provisions which require SIPs to disclose performance data to
the Australian Communications Media Authority ('ACMA') for immediate publication on a quarterly
basis, or within 30 days following a serious outage.
RATIONALE
Statutory Infrastructure Providers ('SIPs') are obliged to provide baseline wholesale broadband
services in designated areas, and support voice services where they operate fixed line and fixed
wireless networks. There are nineteen SIPs operating across Australia, with NBN Co. acting as the
default SIP for the vast majority of Australians.
Under current arrangements, SIP performance is governed by standards determined by the
Communications Minister under Part 19 of the Telecommunications Act 1997. In January 2021, the
Government issued a consultation paper containing draft performance standards for SIPs covering,
among other indicators, connection times, fault rectification and speed. The proposed standards fall
short of service expectations, particularly in regional Australia. The Government has also signalled no
intention to revise or institute the proposed standards before the next general election.
This Bill would ensure the Government maximises the SIPs contribution to closing the connectivity
divide between metropolitan and regional Australia, and secure faster and more reliable broadband
connectivity for all Australians.
PROPOSED STANDARDS, RULES AND BENCHMARKS
Government Draft Regulation Haines Faster Internet Plan
Eligible services provided by SIPs are to Eligible services provided by SIPs are to
Broadband achieve a peak download speed of 25 achieve an average download speed of at
Speed Peak Speed Mbps at least once every 24 hours, or at least 25 Mbps within each 24-hour period
Standards least 50% of any higher download speed or at least 50% of any higher download
offered, whichever is the higher. offered on average, whichever is higher.
Fault Urban 1 business day 1 business day
Rectification
Rural 2 business days 1 business day
Technician
wait times Remote 3 business days 2 business day
Type 1
Has fixed line Next business day Next business day
equipment
Type 2 Urban: 9 business days Urban: 5 business days
Does not have Rural: 14 business days Rural: 5 business days
fixed line
equipment Remote: 19 business days Remote: 9 business days
Type 3 Urban: 14 business days Urban: 5 business days
Connections
Close to fixed Rural: 19 business days Rural: 5 business days
line facility Remote: 19 business days Remote: 9 business days
Type 4
Has wireless Next business day Next business day
equipment
Type 5 Urban: 9 business days Urban: 5 business days
Does not have Rural: 14 business days Rural: 5 business days
wireless
equipment Remote: 19 business days Remote: 9 business days
SIPs must ensure >90% of all connection SIPs must ensure >98% of all connection
Connections
requests met within the timeframes. requests met within timeframes.
Fault SIPs must ensure >90% of all faults SIPs must ensure >98% of all faults
Rectification rectified within the timeframes. rectified within the target timeframes.
Performance
Benchmarks
SIPs must ensure >90% of eligible services SIPs must ensure >98% of eligible services
in an area meet the peak speed standard in an area meet the peak speed standard
Speed each quarter. If not achieved, the SIP is each quarter. If not achieved, the SIP is
subject to a separate rule to prepare and subject to a separate rule to prepare and
publish a network remediation plan. publish a network remediation plan.
SIPs are required to share performance
data with ACMA on quarterly basis for
immediate publication. SIPs are required
to share performance data within 30 days
Oversight ACMA No changes.
if there is a serious outage, defined as
>1000 customer disruptions or impact on
emergency services at any time for any
period, for immediate ACMA publication.
NOTES ON CLAUSES
Clause 1: Short Title
This clause specifies that the Act may be cited as the Telecommunications Legislation Amendment
(Faster Internet for Regional Australia) Bill 2022.
Clause 2: Commencement
This clause provides for the commencement of the Act at the same time as the
Telecommunications Legislation Amendment (Faster Internet for Regional Australia) Bill 2022 .
Clause 3: Schedules
This clause provides that legislation that is specified in a Schedule to this Act is amended or
repealed as set out by the relevant schedule, and that any other item in a Schedule to this Act has
the effect in accordance with its terms. This clause is the formal enabling provision for the
Schedules to the Bill.
Schedule 1 - Amendments
Clause 1 to 19 and 20 to 20A of Schedule 1 make the necessary changes to the Competition and
Consumer Act 2010 and Telecommunications Act 1997 to allow the SIP performance standards,
rules, and benchmarks to be inserted into primary legislation under a new Schedule 5 to the Bill
as opposed to the current practice whereby the responsible Minister determines the SIP
performance standards, rules, and benchmarks via an instrument.
Clause 19A of Schedule 1 inserts new provisions into the Telecommunications Act 1997 which
require SIPs to share performance data with the Australian Communications and Media Authority
on quarterly basis for immediate publication. SIPs are required to share performance data within
30 days if there is a serious outage, defined as greater than 1,000 customer disruptions or impact
on emergency services at any time for any period, for immediate ACMA publication.
Clause 21 of Schedule 1 inserts a new Schedule 5 to the Telecommunications Act 1997:
Part 1 - Introductory
Clauses 3 and 4 - Definitions
These clauses set out definitions relevant to the new Schedule 5. Urban areas are defined
as Modified Monash Model Area 1, rural is defined as Modified Monash Model Areas 2-5,
and remote is defined as Modified Monash Model Areas 6 and 7.
Part 2 - Standards
Division 1 - Preliminary
Clauses 5 - Application
This clause sets out the circumstances under which the SIPs will be captured by the
relevant performance standards, rules, and benchmarks, including exemptions such as
situations beyond the reasonable control of the SIP and natural disasters, for example.
Division 2 - Maximum Periods for Connections
Clause 6 - Connection Period Standard
This clause stipulates that the SIP must connect a premises in its relevant service area to
the qualifying telecommunications network in order that a carriage service provider can
provide qualifying carriage services to an end user at the relevant premises within a series
of maximum timeframes. The maximum time for all connection types across rural areas is 5
business days. If relevant fixed line or wireless equipment is available at the premises, the
maximum time is 1 business day.
Division 3 - Maximum Periods for Rectification of Faults and Service Difficulties
Clause 7 - Fault Rectification Period Standard
This clause stipulates that the SIP must rectify a fault or service difficulty in relation to an
eligible service supplied by the SIP or its qualifying telecommunications network within 1
business day, irrespective of whether the premises is urban or rural, and 2 business days if
it is a premises in a remote location.
Division 4 - Appointments
Clauses 8 to 11 - Appointments
These clauses outline various conditions related to SIP appointment making activity,
including limitations upon when the SIP may propose an appointment, how appointment
can be varied, and a standard for what constitutes keeping a definition.
Division 5 - Performance Standards
Clauses 12 - Peak Speed Standards
This clause stipulates eligible services provided by SIPs are to achieve an average download
speed of at least 25 Mbps within each 24-hour period or at least 50% of any higher
download offered on average, whichever is higher.
Part 3 - Performance Benchmarks
Division 1 - Preliminary
Clauses 13 - Overview
This Part outlines the performance benchmarks which each SIP must meet or exceed during
the relevant period in relation to the standards specified in Part 2. There are four
applicable standards: connection period, fault rectification period, appointment-keeping
period, and peak speed.
Division 2 - Performance Benchmarks: Connections
Clause 14 - Performance Benchmarks - Connection Period
This clause stipulates that, for each benchmark period, the minimum benchmark for the
connection period standard relating to attendance and non-attendance connections at
premises situated in any part of Australia is 98% of the total number of connections
requests received in the benchmark period in all of the SIP service areas.
Division 3 - Performance Benchmarks: Fault Rectification
Clause 15 - Performance Benchmarks - Fault Rectification Period
This clause stipulates that, for each benchmark period, the minimum benchmark for the
fault rectification period standard relating to attendance and non-attendance faults
rectifications at premises situated in any part of Australia is 98% of the total number of
fault rectification requests received in the benchmark period in all of the SIP service areas.
Division 4 - Performance Benchmarks: Appointment Keeping
Clause 16 - Performance Benchmarks - Appointment Keeping
This clause stipulates that, for each benchmark period, the minimum benchmark for the
appointment keeping period standard relating to premises situated in any part of Australia
is 98% of the total number of appointments made in the benchmark period in all of the
SIP's service areas.
Division 5 - Performance Benchmarks: Speed
Clause 17 - Quarterly performance benchmark for the peak speed standard
This clause stipulates that, for each quarter, the minimum benchmark for each peak speed
standard for each SIP area in any part of Australia is 98%.
Part 4 - Rules
Clauses 18 - Network Remediation Plans
This clause stipulates the circumstances under which a SIP must undertake remediation
action if it does not meet an applicable quarterly performance benchmark, including the
publication of a network remediation plan.
Clause 19 - Transparency in SIP Officer regarding rebates
Under this clause, each SIP Offer must include clear and transparent terms regarding
whether or not the SIP will pay or credit a rebate to a carriage service provider for any
failure by the SIP to meet a service level standard about the supply, performance or
reliability of an eligible service supplied by the SIP.
Clause 20 to 24 - Record Keeping
These clauses step out the specific information that SIPs must keep in order to detail its
compliance with relevant performance standards, rules, and benchmarks.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
This Telecommunications Legislation Amendment (Faster Internet for Regional Australia) Bill 2022
is compatible with the human rights and freedoms recognised or declared in the international
instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the bill
The Telecommunications Legislation Amendment (Faster Internet for Regional Australia) Bill 2022
('the Bill') will move Statutory Infrastructure Provider ('SIP') performance benchmarks into
primary legislation and establish new higher standards which SIPs must meet or face penalties.
The new legislated standards include an average download speed of 25 megabits per second
every 24-hour period nationwide, a maximum 1 day wait time for all fault rectifications requiring a
technician in rural areas, a maximum 5 day wait time for all new connection in rural areas, and a
number of other new standards enhancing internet speed, fault rectification and connection times
across urban, regional, and remote Australia.
The Bill also includes new oversight provisions which require SIPs to disclose performance data to
the Australian Communications Media Authority ('ACMA') for immediate publication on a
quarterly basis, or within 30 days following a serious outage.
Human rights implications
The Bill is compatible with human rights.
While there is no express right of general application to the internet stipulated in international
human rights instruments, there is an argument that a right to internet and telecommunications
access more broadly are fundamental to the right to freedom of expression, rights to access to
information, and core in addressing structural disadvantage including rural and urban
infrastructure inequalities. This provisions in this Bill will address this particular structural
disadvantage in the Australian context by requiring SIPs to meet connection and fault rectification
performance standards, rules and benchmarks in rural areas that are much closer to the high
standards, rules, and benchmarks required in urban areas.