Deadline: 1 September 2018
Carriage service providers (suppliers) must lodge an annual statement about their compliance with the obligations in the Telecommunications Consumer Protections Code (TCP Code). The TCP Code is designed to ensure good service and fair outcomes for all consumers of telecommunications products in Australia.
This annual statement—known as a compliance attestation—must be lodged with Communications Compliance by 1 September 2018. Failure to lodge by the due date may result in formal investigation and compliance action by the ACMA.
Who must lodge a compliance attestation?
The TCP Code and lodgment requirements generally apply to carriage service providers and/or those who supply goods or services for use in connection with the supply of a listed carriage service, if they have customers who are residential and/or small business consumers, and/or one or more customers at 1 April 2018.
Who is Communications Compliance?
Communications Compliance is an independent body that monitors and reports on TCP Code compliance. It is primarily responsible for overseeing the Compliance Framework set out in Chapter 9 of the TCP Code.
What if suppliers miss the deadline?
If suppliers do not lodge by 1 September 2018, the ACMA may investigate a failure to comply with the TCP Code.
In 2017, 358 suppliers submitted code compliance statements to Communications Compliance.
The ACMA investigated several suppliers for failure to make compliance statements in 2017. As a result, the ACMA directed the following suppliers to comply with the TCP Code:
- ReddeNet Pty Ltd
- Globalgig Australia Pty Ltd
- Vocal Channels Pty Ltd
- Digital Technologies and Telecommunications Pty Ltd.
- Southern Phone Company Limited
Each of the suppliers that received a direction to comply has been the subject of a previous breach finding against the TCP Code by the ACMA.
The ACMA also gave formal warnings to:
- Lynham Networks Pty Ltd
- Vostronet (Australia) Pty Ltd
- BMP Australia Group Pty Ltd
- Central Connect (NSW) Pty Ltd
- Red Telecom Pty Ltd
- MyRepublic Pty Ltd
- Peak Connect Pty Ltd.
Proposed new TCP Code
The TCP Code is currently being reviewed, with a draft version released for public comment.
However, for this compliance attestation due on 1 September 2018, suppliers must assess and lodge against the current registered TCP Code.
What else do suppliers need to do?
Suppliers must register with the industry body Communications Alliance.
Suppliers also need to comply with all obligations under the Compliance Framework set out in Chapter 9 of the TCP Code.