With an NCD, a carrier can accept responsibility for a network unit on behalf of its owner.
We can grant an NCD if the owner of the network unit agrees and the nominated carrier meets the conditions. All nominated carrier declarations currently in force are in the licence and NCD register.
Steps in the process
- The owner(s) of 1 or more network units nominates a carrier that will then meet any carrier related rules.
- We assess a complete application when the application charge has been paid.
- If we approve the application, we grant a nominated carrier declaration.
Apply for a nominated carrier declaration
A carrier can apply for an NCD over network units owned by another person. Before you apply, read the Carrier Licensing Guide to understand what you must do.
Complete form T034 - Application for a nominated carrier declaration. You will need to:
- pay the non-refundable application fee that the Telecommunications (Charges) Determination 2012 sets
- provide consent from the owner or each of the owners of the network units
- include the nominee's confirmation that they accept responsibility for the units
- describe the network units with help from paragraphs 11 to 16 in the Carrier Licensing Guide
Provide as much detail as possible to help us assess your application. For example:
- any processes you and the owner of the network units have put in place so they can show they meet the carrier rules
- how the owner will comply with the rules
We may ask for more information before we assess the application
We will grant the nominated carrier declaration if we decide that:
- the nominated carrier can meet the rules to operate network units
- the declaration would not affect efforts to administer the Act (section 81) in an efficient way
If we grant the declaration, we will:
- give a copy to the applicant and each owner of the network units
- publish the declaration in the Gazette
- add details to the Register of licensed carriers and NCDs
If we refuse the application, we will write to tell the applicant and the owner(s) of the network units.
When we revoke a nominated carrier declaration
We can revoke a nominated carrier declaration if:
- any owner(s) of the network units tells us in writing that they do not agree to the declaration being in place
- the nominated carrier tells us in writing that it does not accept responsibility for the network units
We can also revoke a declaration if we believe that the ACMA would now refuse to make the NCD.
In this case, we write to the nominated carrier and propose to revoke the declaration. The nominated carrier can respond to us. We will tell them how long they have to respond to us. This period is at least 7 days.
If we decide to revoke a declaration, we will notify the:
- former nominated carrier
- owner(s) of the network units concerned
We also publish a notice in the Gazette.
How to ask for a review
Under the Act, the Administrative Appeals Tribunal can review what we decide, if you ask them. You can ask for a review if we:
- refuse to make a nominated carrier declaration
- revoke a declaration