CommSol Holdings Pty Ltd (CommSol), a Canberra-based wholesale telco, has become the first company found in breach of new infrastructure rules aimed at ensuring all Australians have access to broadband services with peak download speeds of at least 25 megabits per second.
Under the new rules, specified telecommunications carriers that are obliged to provide wholesale broadband services in the areas that they service are called Statutory Infrastructure Providers (SIPs).
Under the SIP regime, which came into effect in July 2020, SIPs must clearly communicate to retail telco service providers their connection and fault repair timeframes and the cost of services on their network. The rules specifically require that SIPs publish their terms and conditions for providing wholesale services to retail telco service providers on their website.
An ACMA investigation found CommSol failed to publish terms and conditions on its website as required.
In February and April 2021 the 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 and an investigation was opened.
CommSol addressed its non-compliance by publishing the required material on its website in September 2021.
The ACMA issued a formal warning to CommSol for breaching its carrier licence conditions under the Telecommunications Act 1997. In 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.
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