Consultation paper relating to the Telecommunications Service Provider (Mobile Premium Services) Determination 2010 (No. 2) and related matters
The Australian Communications and Media Authority (the ACMA) invites submissions from the public and industry on matters set out in this paper to assist it in determining whether to make a service provider determination under section 99 of the Telecommunications Act 1997 and the final contents of that determination requiring:
- mobile carriage service providers and aggregators not to contract with content suppliers or aggregators who have not registered with the industry body Communications Alliance Ltd;
- mobile carriage service providers to suspend billing customers for the services of content suppliers or aggregators who have been found by the ACMA to have breached the Mobile Premium Services Industry Code C637: 2009 and to have behaved in a way that is significantly detrimental to the interests of consumers.
The consultation paper also seeks views on whether to repeal the existing Telecommunications Service Provider (Mobile Premium Services) Determination 2004 (No. 2).
The ACMA encourages members of the public and industry to make submissions electronically.
By email: firstname.lastname@example.org
Manager, New Communications Issues and Safeguards
Australian Communications and Media Authority
PO Box 13112, Law Courts
Melbourne, Victoria, 8010
The closing date for submissions was 5pm on Friday 9 April 2010.
Submissions received after this date may not be considered in the ACMA’s decision making process.
The following submissions are available in PDF format.
Publication of submissions
In general, the ACMA publishes all submissions it receives. However, the ACMA will not publish submissions that it considers contain defamatory or irrelevant material.
The ACMA prefers to receive submissions which are not claimed to be confidential. However, the ACMA accepts that a submitter may sometimes wish to provide information in confidence. In these circumstances, submitters are asked to identify the material over which confidentiality is claimed and provide a written explanation for confidentiality claims.
The ACMA will consider each claim for confidentiality on a case by case basis. If the ACMA accepts a confidentiality claim, it will not publish the confidential information unless required to do so by law.
Release of information in submissions
Submissions provided to the ACMA may be required to be released under the Freedom of Information Act 1982. The ACMA may also be required to release submissions for other reasons including for the purpose of parliamentary processes or where otherwise required by law (for example, a court subpoena). While the ACMA seeks to consult, and where required by law will consult, with submitters of confidential information before that information is provided to another body or agency, the ACMA cannot guarantee that confidential information will not be released through these or other legal means.
Sharing of information
In addition to publication of submissions, Under the Australian Communications and Media Authority Act 2005, the ACMA may disclose certain information to the Minister, the Department including authorised officials, Royal Commissions, the Telecommunications Industry Ombudsman, certain Commonwealth authorities such as the Australian Competition and Consumer Commission and Australian Securities and Investments Commission and the authority of a foreign country responsible for regulating matters relating to communications or media.