A range of legislation, codes and standards apply to VoIP service providers.
Legislation
In general VoIP service providers are considered to be a Carriage Service Provider (CSP). CSPs are subject to provisions of the Telecommunications Act 1997, the Telecommunications (Consumer Protection and Service Standards) Act 1999, and related legislation, legislative instruments and standards.
These include:
- Membership of the Telecommunications Industry Ombudsman (TIO) scheme
- Provision of free access to 000 emergency numbers
- The Numbering Plan – Telecommunications Numbering Plan 1997
- IPND Notification
- Number portability
- Privacy of customer information
- Calling line identification
- Conformance to Industry Codes and Standards
- A range of public interest obligations including:
- Law Enforcement (interception and national interests)
- Defence and natural disaster assistance
VoIP Providers offering a Type 4 two-way service enabling customers to make calls to and receive calls from users of the Public Switched Telephone Network (PSTN)) may be considered a Standard Telephone Service as defined by section 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999. This places several further obligations on your service including:
- The CSG - Telecommunications Customer Service Guarantee Standard 2000
- Access to the National Relay Service
- Operator services
- Directory Assistance
- Access to the National Relay Service
- Itemised Billing
VoIP providers offering Type 2 out only services are required to:
- Provide free of charge access to Triple Zero (000); or,
- If unable to do so, clearly inform customers that such access is not available. The Determination sets out minimum standards for how this information must be presented and requires the customer to acknowledge that they understand the limitations of the service. For further information, refer to the ACMA's VoIP and Emergency Call Services page.
CSPs are not required to register with the ACMA.
If you need assistance understanding your legal obligations as a CSP, the ACMA strongly recommends you obtain independent legal advice.
Trade Practices Act
VoIP providers are also subject to parts of the Trade Practices Act 1974 dealing with topics such as pricing, anti-competitive behaviour, and number portability. Further information may be obtained from the Australian Competition and Consumer Commission website.
Carrier licencing
VoIP providers are unlikely to require a carrier licence, unless they intend owning a ‘network unit'. A network unit may be defined as:
- a line link between two places at least 500m apart, or
- a radiocommunications facility.
Examples of a ‘line link' are: copper twisted pair, coaxial or fibre optic cables.
Further information about network units are defined in sections 25-29 of the Telecommunications Act 1997.
More details on carrier licences is available.
Codes and standards
Codes of practice have been developed as part of industry self-regulation as outlined in Part 6 of the Telecommunications Act 1997. Once registered with the ACMA these codes must be complied with by the industry.
The ACMA and industry bodies can also develop Standards which are also mandatory.
More details on codes and standards is available.
The register of codes and standards is available.
Guidelines are documents with which compliance is voluntary. They cover a range of industry topics including consumer, operational and technical matters.
Codes, standards and guidelines have been developed by Communications Alliance, Standards Australia and the ACMA.
These pages are intended only as a general guide and should not be regarded as a substitute for the relevant legislation and regulatory documents. You are encouraged to seek legal advice about the obligations outlined in these pages.
