Federal Register of Legislation - Australian Government

Primary content

Determinations/Communications as made
Principal Instrument; This Determination is the Monitoring and Reporting on Competition in the Telecommunications Industry Determination 2003 (No. 1).
Administered by: DCITA
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR15-May-2003
Tabled Senate15-May-2003
Gazetted 15 May 2003
Date of repeal 20 Apr 2007
Repealed by Monitoring and Reporting on Competition in the Telecommunications Industry Determination 2003 (No. 1) Revocation 2007 (No. 1)

Commonwealth of Australia

 

Trade Practices Act 1974

 

Monitoring and Reporting on Competition

in the Telecommunications Industry

Determination 2003 (No. 1)

 

I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, Information Technology and the Arts, make the following Determination under subsections 151CMA(1) and (3) of the Trade Practices Act 1974.

Dated 5 May 2003.

 

RICHARD ALSTON

Minister for Communications, Information Technology and the Arts

_________________________________________________________________

1     Name of Determination

This Determination is the Monitoring and Reporting on Competition in the Telecommunications Industry Determination 2003 (No. 1).

2     Commencement

This Determination commences on gazettal.

3    Definitions

In this Determination:

Act means the Trade Practices Act 1974.

Australia includes the eligible Territories.

carriage service provider has the same meaning as in the Telecommunications Act 1997.

carrier has the same meaning as in the Telecommunications Act 1997.

Commission means the Australian Competition and Consumer Commission.

confidential information has the same meaning as in subsection 151CMA(3) of the Act.

eligible Territory has the same meaning as in the Telecommunications Act 1997.

geographic area means:

(a)         an area designated by postcode; or

(b)         an area that, in the opinion of the Commission, provides similar disaggregated information for the purposes of this Determination.

line has the same meaning as in the Telecommunications Act 1997.

Minister means the Minister for Communications, Information Technology and the Arts.

relevant carriage service provider means a carrier or carriage service provider that:

(a)        maintains at least 50 full or one-way broadband service lines or wireless channels on a national basis; or

(b)        has at least 50 full or one-way broadband customers on a national basis.

4    Matters that the Commission must monitor and report on

(1)         For the purposes of subsection 151CMA(1) of the Act, the Commission must monitor, and report to the Minister on a quarterly basis on, competition in the supply by relevant carriage service providers of broadband services in Australia.

(2)         To this end, the Commission must monitor and report on:

(a)          the take-up in a geographic area of retail broadband services supplied by relevant carriage service providers and classified by:

(i)          sector, as follows:

(A)       the residential sector; and

(B)        small to medium enterprises, by sector (namely the health sector, the education sector and other sectors); and

(C)        larger business or government, by sector (namely the health sector, the education sector and other sectors); and

(ii)        technology type; and

(iii)     transmission speed as follows:

(A)       low bandwidth (download speed equal to or greater than 64 kbps but less than 512 kbps); and

(B)        medium bandwidth (download speed equal to or greater than 512 kbps but less than 2 mbps); and

(C)        high bandwidth (symmetric, equal to or greater than 2 mbps); and

(b)          the take-up by:

(i)          the residential sector; and

(ii)    small to medium enterprises, by sector (namely the health sector, the education sector and other sectors); and

(iii)   larger business or government, by sector (namely the health sector, the education sector and other sectors);

of retail broadband services supplied by relevant carriage service providers and classified by:

(iv)      technology type; and

(v)        transmission speed as follows:

(A)       low bandwidth (download speed equal to or greater than 64 kbps but less than 512 kbps); and

(B)        medium bandwidth (download speed equal to or greater than 512 kbps but less than 2 mbps); and

(C)        high bandwidth (symmetric, equal to or greater than 2 mbps); and

(vi)   usage; and

(c)     the take-up by relevant carriage service providers in a geographic area of wholesale broadband services classified by:

(i)         technology type; and

(ii)       the characteristics of the services; and

(d)    the availability in a geographic area of wholesale and retail broadband services supplied by relevant carriage service providers and classified by:

(i)     technology type; and

(ii)    the characteristics of the services; and

(iii)   the number of relevant carriage service providers supplying the services.

(3)         The Commission’s first report is to be given to the Minister 6 months after the commencement of this Determination.

(4)         For the purposes of subsection 151CMA(3) of the Act, reports under subsection (1) must not include any confidential information.