CSP OBLIGATIONS

What are your obligations under the TCP Code?

If you are bound by the TCP Code obligation to lodge an annual Compliance Attestation with CommCom, the first thing you need to do is register with the CommCom CSP Portal. This will ensure that you receive any important information and correspondence from us regarding your annual lodgement obligations. Please click here to see if you are bound by the obligation to lodge with CommCom.

The 2023 lodgement window will commence 8 June 2023, closing 1 September 2023.

In the month prior to each lodgement window, you will receive email notifications from CommCom containing exact dates, key areas of focus and any other requirements. From 8 June, you may pay your lodgement fee, after which you will be able to access and download the Compliance Attestation Questionnaire that you are required to complete and submit before the end of the window.

From 1 September, CommCom will commence assessments. During this time, you will hear back from CommCom with feedback and may be required to make changes to certain aspects of your business model, as directed by CommCom, in order to ensure compliance with the Code.

COMMCOM TCP CODE COMPLIANCE LODGEMENT AND ASSESSMENT PROCESS

Lodgement Process Overview

1. CommCom CSP Portal Registration (as soon as possible): Providers bound by the TCP Code that have not previously registered with CommCom’s CSP Portal to do so at https://csp.commcom.com.au/.
2. Communications Alliance Registration (as soon as possible): Providers bound by the TCP Code to provide specified details to Communications Alliance as per Code clause 10.1.1(b).
3. Payment of fees (prior to lodgement of documents): Providers to pay the applicable CommCom fees prior to accessing the Attestation. Fees are paid via the Portal.
4. Receipt of documents: Compliance Attestation will be made available for download through the CSP Portal once payment has been received. Providers will receive a notification email once the templates are available for download.
5. Completion and submission of compliance documentation: Providers to download and complete the Compliance Attestation. If a Large provider is lodging for the first time, they will also need to submit a Statement of Independent Assessment. Documents are to be uploaded into the CSP Portal by lodgement window closing date. An email confirming receipt of documents will be generated by the Portal.[NOTE – Compliance documents must be submitted via the Portal. Documents submitted via other means such as email, fax and post will not be accepted. Previous years’ forms and templates will not be accepted. As per Code clause 10.4.1(a) the Compliance Attestation must be in the current form as required by CommCom. Previous years’ Attestations will not be accepted].
6. Partial attestation of compliance: Providers may attest to partial compliance with a specific Code requirement or requirements. If partial confirmation of compliance is indicated, a Compliance Achievement Plan must also be submitted indicating steps taken to address the areas of partial or non-compliance.
7. Assessment of compliance: CommCom will assess Compliance Attestation and selected areas of provider compliance and will notify each provider of the assessment results.
8. Request for further information: Where provider compliance has not been deemed satisfactory, CommCom will provide feedback indicating where changes need to be made and may request that a Compliance Monitoring Request or Compliance Achievement Plan be followed.[NOTE – Where provider compliance has not been deemed to be consistent with the obligations in the Code, CommCom will direct providers to make the appropriate changes. These directions may be supplemented by a Compliance Monitoring Request or Compliance Achievement Plan. While CommCom strives to work with providers in fulfilling their compliance obligations, it has the power to refer providers to the ACMA should these directions not be actioned].
9. Timeframes for response to CommCom feedback: Timeframes for responding to requests for information and/or directions from CommCom are set out in clause 10.9.1 of the Code.
10. Upon assessment of positive compliance with the obligations of the TCP Code: Providers to receive confirmation of positive assessment by CommCom and the CommCom logo for use on their website.
11. Publication of lodgement and compliance status: Upon completion of all assessments CommCom will publish a list of those providers which submitted the required compliance documents for that specific calendar year. Providers that did not submit compliance documents in the lodgement window will be referred to the ACMA and may find themselves subject to enforcement action (this lies at the ACMA’s discretion). CommCom will also publish the results of any ACMA enforcement action taken against providers for non-lodgement. [NOTE – CommCom is not in a position to issue a ‘certificate of compliance’ as some aspects of a provider’s TCP Code compliance are not visible to CommCom and/or cannot be assessed].

Compliance documents

All providers/groups bound by the TCP Code are required to submit a completed Compliance Attestation. Large providers may also be required to submit a Statement of Independent Assessment if they have not previously provided one.

Compliance Attestation:

The Compliance Attestation requires providers to declare that they comply (or do not comply or partially comply as the case may be) with the TCP Code. The Compliance Attestation is structured into three parts:

Part 1 consists of questions selected Code obligations to provide guidance and assistance with the interpretation of the Code. Typically, the Code obligations selected focus on key obligations of the Code and obligations that in CommCom’s experience are less easily understood by providers and/or have generated a larger number of complaints to the TIO.
Providers will be required to indicate their compliance/partial compliance/non-compliance for each of the selected obligations included in the Attestation.

The Attestation is subject to review and modification on an annual basis.

Part 2 contains questions relating to a provider’s overall compliance with the Code.

Part 3 consists of an endorsement of the Compliance Attestation by the CEO or a senior manager.

CSP Compliance

As per the Code, Communications Compliance (CommCom) must publish on its website the names of those Carriage Service Providers (CSPs) that have lodged the required compliance documents. CommCom also publishes a list of CSPs that have received a Formal Warning or a Direction to Comply from the Australian Communications and Media Authority (ACMA) as a result of non-compliance with the TCP Code obligation to lodge documents with CommCom.

The following providers lodged TCP Code Compliance Attestation documents with CommCom in 2023: