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4 March 2016

The Australian Communications and Media Authority (ACMA) has registered a Variation to Chapter 9 (Code Compliance Framework). Under the new arrangements:

  •  in a new ‘once-only’ requirement, all telecommunications providers that offer services to residential and small business customers, irrespective of whether they have previously lodged documents with CommCom will need to register their details with Communications Alliance Ltd (CA) by 3 May 2016;
  • smaller providers—those with fewer than 3,000 services in operation (SIO)— will need to lodge annual compliance documents with CommCom by 29 April 2016 or indicate they will defer lodgement to a second registration period ending 1 September 2016;
  • larger providers—with 3,000 or more SIOs—will be required to lodge annual compliance documents by 1 September each year;
  • compliance documentation, which is required to be completed by all providers covered by the TCP Code, has been streamlined;
  • providers will now be able to attest to ‘partial compliance’ with the TCP Code on condition they also provide Compliance Action Plans (CAPs) to CommCom indicating the areas of non-compliance and plans for achieving full compliance; and
  • greater clarity on timeframes for providers to respond to any compliance requests from CommCom.

8 October 2015

The Australian Communications and Media Authority (ACMA) has issued Directions to Comply to 6 providers for failing to submit the required compliance documents to CommCom. The 6 providers had been subject to previous compliance enforcement action by the ACMA. If a provider fails to comply with such a direction, the ACMA can issue an infringement notice, accept an enforceable undertaking or commence Federal Court proceedings for orders, including the imposition of a pecuniary penalty of up to $250,000. A list of these providers can be found here and on the ACMA’s website.

10 September 2015

The Australian Communications and Media Authority (ACMA) has issued Formal Warnings to 25 providers for failing to submit the required compliance documents to CommCom by 1 April 2015. This represents a continued decrease in the number of warnings issued by the ACMA since 2013, with 39 Formal Warnings issued by the ACMA for failing to submit in 2014 and 95 in 2013. A list of those providers who were issued with Formal Warnings in 2015 can be found here and on the ACMA’s website.

22 July 2015

Communications Compliance has published the names of providers that have submitted their compliance attestation and other documents required under the TCP Code Compliance Framework. The Communications Compliance Board is pleased to note that the number of CSPs who submitted documents in 2015 represents a continuation of the year on year increase since the implementation of the TCP Code Compliance Framework in 2013, with 391 CSPs submitting documents in 2015 compared to 331 in 2014 and 225 in 2013. The CSPs who submitted documents in 2015 account for 99% of complaints made to the TIO and collectively provide services to over 95% of Australian telecommunications consumers.

All Carriage Service Providers supplying services to residential customers and to certain small businesses are obliged to submit compliance documents to CommCom.

2 October 2014

The Australian Communications and Media Authority (ACMA) has issued Directions to Comply to 12 providers for failing to submit the required compliance documents to CommCom. The 12 providers had been subject to previous compliance enforcement action by the ACMA. If a provider fails to comply with such a direction, the ACMA can issue an infringement notice, accept an enforceable undertaking or commence Federal Court proceedings for orders, including the imposition of a pecuniary penalty of up to $250,000. A list of those providers can be found here and on the ACMA’s website.

16 September 2014

The Australian Communications and Media Authority (ACMA) has issued Formal Warnings to 39 providers for failing to submit the required compliance documents to CommCom by 1 April 2014. A list of those providers can be found here and on the ACMA’s website.

21 July 2014

Communications Compliance has published the names of providers that have submitted their compliance attestation and other documents required under the TCP Code Compliance Framework. “We are very pleased that the number of providers that have submitted their documents in 2014 has increased by about 50% compared to last year. This is a great result and demonstrates that the industry, small and large players alike, have approached the TCP Code with a positive attitude. CommCom has assessed selected areas of Code compliance for providers that submitted their documents and we are happy to notice that the general level of compliance has increased even further from an already good standard in 2013. We are particularly pleased with the time and effort invested by very small players who only have limited resources to devote to compliance and the legal aspects of their business. It is great news that over 95% of customers in Australia are with a provider that submitted their documents and positively attested to TCP Code compliance. It is also important to note that providers that lodged the required documents and made great compliance efforts represent more than 99% of all complaints lodged with the TIO.”, said CommCom Chair Deirdre Mason.

All Carriage Service Providers supplying services to residential customers and to certain small businesses are obliged to submit compliance documents to CommCom. Providers that allow their customers to negotiate their contracts are not bound by the Code.

1 April 2014

CommCom and the Telecommunications Industry Ombudsman (TIO) have entered into a Memorandum of Understanding. The MoU describes the processes for engagement and information sharing between the two organisations in relation to the TCP Code.

23 January 2014

CommCom and the Australian Competition and Consumer Commission (ACCC) have signed a Memorandum of Understanding detailing how the two organisations will liaise, share information and cooperate to address any potential systemic issues relating to the Competition and Consumer Act 2010 and the TCP Code. The MoU is also available on the ACCC’s website.

10 October 2013

The Australian Communications and Media Authority (ACMA) has published a list of 95 Carriage Service Providers (CSPs) that received a Formal Warning for failing to submit compliance documents to CommCom. A list of CSPs that lodged the required document and of those that received a Formal Warning is also available on CommCom’s website.

16 August 2013

CommCom is pleased to announce that Macquarie Telecom, one of Australia’s key ICT companies providing services to large Australian corporates and to Federal Government departments has joined CommCom. Macquarie Telecom is not bound by the TCP Code but is keen to demonstrate its support of CommCom and commitment to strengthened consumer protections by becoming a CommCom Member 2013.

15 August 2013

Communications Compliance has published the names of the providers that have submitted their compliance attestation and other documents required under the new Code Compliance Framework. “We are very pleased with the general level of compliance and the positive compliance attitude that providers of all sizes display. We understand that compliance with the Code is not always easy, especially for very small providers who lack the resources that larger players can devote to these matters, and we appreciate the time and effort all CSPs have invested. It is great news that the telcos that submitted their documents represent well over 95% of customers in Australia and more than 99% of complaints lodged with the TIO.” said CommCom Chair Deirdre Mason.

All Carriage Service Providers supplying services to residential customers and to certain small businesses are obliged to submit compliance documents to CommCom. Providers that allow their customers to negotiate their contracts are not bound by the Code.

 7 February 2013

CommCom and the Australian Communications and Media Authority (ACMA) have signed a Memorandum of Understanding detailing how the two organisations will interact efficiently, exchange information and cooperate to identify any potential industry-wide systemic issues.