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LEARNER GUIDE

ICTNPL413
Evaluate networking regulations
and legislation for the
telecommunication industry

Version Number
C ONTENTS
Overview 3
Topic 1: Economic and political influences on networking regulations and legislation 4
Topic 2: The impact of networking regulations and legislation 18

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

TRG-DOC-08 Learner Guide- ICTNPL413 | Version: V-2.0 | Last Reviewed: May 2024 | Next review Date: As required | Page 2
Overview

Application of the unit


This unit describes the skills and knowledge required to evaluate the impact of deregulation,
competition, economic conditions, regulations and legislation on enterprise-specific policies and
procedures and its subsequent incorporation into the planning process.
It applies to individuals with a range of networking skills and extensive knowledge of core and
access network capabilities of the service provider. It prepares individuals for entry into planning
and design for network additions and implementations to accommodate network growth and
technologies in the industry.
No licensing, legislative or certification requirements apply to this unit at the time of publication.

Learning goals
Learning goals include:

 assessing economic and political influences on networking regulations and legislation

 determining the impact of networking regulations and legislation.

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

TRG-DOC-08 Learner Guide- ICTNPL413 | Version: V-2.0 | Last Reviewed: May 2024 | Next review Date: As required | Page 3
Topic 1: Economic and political influences on
networking regulations and legislation

Did you know that:

the telecommunications industry is broadly divided into landline and mobile services for
voice and data?

landline services are provided by Telstra and Optus (both are retailers and wholesalers
of services) and the government owned and established broadband network (NBN)
(wholesale only)?

mobile services are provided by Telstra, Optus, Vodafone and TPG (owning part of the
mobile spectrum)?

Telecommunications in Australia has grown significantly since its first inception in the late 1800s.
Due to the exponential technological advancements, telecommunications support the entire
economy.

The telecommunications infrastructure in Australia relates to:

 cabling, wires, and fibre optics

 communication towers, sensors, satellites, and radio

 the physical infrastructure and networking that delivers communication.


Continual advances in technology and changes in economic and political conditions means that
legislation and regulations are also continually changing to keep up with its evolution.
This topic covers legislation and regulations governing carriers and service providers in Australia
and the impact of government regulation and deregulation on the networking planning industry. We
also look at assessing the influence of political and economic conditions on the growth and
planning of networking industries.

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

TRG-DOC-08 Learner Guide- ICTNPL413 | Version: V-2.0 | Last Reviewed: May 2024 | Next review Date: As required | Page 4
Image by Izaac Elms on Pexels

Research
Let’s start by looking at ways of doing research and potential sources of information about political
influences and economic conditions.
Sources of written and visual text include graphs, tables, charts, info graphs, written reports and
looking at already researched data. There are different types of research that you can carry out,
along with sources of information.
The following table outlines quantitative and qualitative research and primary and secondary
research.

Type of research Description

Quantitative research based on numerical figures and provides a connection between


empirical observation and mathematical expressions of quantitative
relationships, an example being statistics.
a quantitative research objective would be to quantify data and
generalise results from a sample to the population of interest.

Qualitative research based on collecting, analysing, and interpreting data collected for
example from interviews or observations.
a qualitative research objective would be to gain an understanding of
underlying reasons and motivations.

Primary research Primary research is research conducted from scratch and secondary
research (also known as desk research) is using information that already
exists. Secondary research (or desk research) gathers existing
information through available sources.
Primary data sources of data can come from:

 interviews
 questionnaires
 focus Groups

 observation
 diaries/blogs/personal records.

Secondary research Secondary sources of data are collected from sources such as published
reports, statistical research, databases, etc. Analysing research that has
already been undertaken can save a lot of time, however, this type of
data must be checked for reliability and obtained only from trusted
sources, for example from market reports and government statistics.
The following is a list of common sources of secondary data:

 Australian Bureau of Statistics (ABS)

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

TRG-DOC-08 Learner Guide- ICTNPL413 | Version: V-2.0 | Last Reviewed: May 2024 | Next review Date: As required | Page 5
Type of research Description

 local government bodies, industry associations and trade media

 chamber of commerce and industry

 Industry reports from trade or professional associations

 articles and advertisements of competitors

You will need to analyse and evaluate often complex written and visual text for research
undertaken relating to external sources as well as any workplace documentation for information
and specific requirements such as policies and procedures.
For example:

 legislation information, regulations, and compliances

 planning processes, network documentation and location maps

 licencing and permit requirements

 reports from information systems and databases

 information from project proposals or client requirements for jobs.


Whilst conducting research you will need to be able to plan and prioritise your tasks so that you are
responsible for your own workload and any allocated deadlines.
You may have a job list with deadline dates that you use, project management software that is
required to be used by your team or an application such as Wrike or Monday.com that can be used
to schedule and plan tasks collaboratively.
It is important that you seek support or advice if you are unable to keep up with your job list or
project requirements so that any issues or problems that you are having can be addressed. For
example, you may have been off work sick and fallen behind, or a job may be taking longer than
anticipated and you require help or more time to complete it.

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

TRG-DOC-08 Learner Guide- ICTNPL413 | Version: V-2.0 | Last Reviewed: May 2024 | Next review Date: As required | Page 6
Legislation
Legislation is one source of information you may use as part of your research.

When we discuss networking regulations and legislation that govern the telecommunications
industry and information technology industry, we are referring to the carriers and service
providers in Australia.

Purpose and implementation


In general, the purpose of networking legislation includes:

 the finite availability of the mobile


spectrum allocation

 the provision of telecommunications to


premises in Australia

 rules for carrier and service provider


licencing

 consumers safeguard

 immunities for carriers

 telecommunication availability for new


real estate developments

 disclosure of personal information

 exemptions

 interception and access

 regulate data retention.

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

TRG-DOC-08 Learner Guide- ICTNPL413 | Version: V-2.0 | Last Reviewed: May 2024 | Next review Date: As required | Page 7
Specific legislation that applies to the telecommunication (including the internet) includes:

Legislation Purpose

Telecommunications Act 1997 The main legislation covering licensing and rights and
obligations of carriers and service providers.

Competition and Consumer Act General competition regulation as well as a


2010 telecommunications specific competition regulation.

Broadcasting Services Act 1992 Regulating broadcasting, subscription services, online


content (for ISPs), narrow casting and datacasting.

Radiocommunications Act 1992 Regulating radio-frequency spectrum management and


licencing.

Telecommunications (Consumer Covering the universal service obligation and consumer


Protection and Service protection regulations.
Standards) Act 1999

Encryption Act Requires providing access to end-to-end encrypted


communications.

The Privacy Act 1988 To promote and protect the privacy and confidentiality of
individuals including the privacy principles, regulating the
handling of personal information.

Telecommunications (Interception Regulating interception and law enforcement, prohibiting


and Access) Act 1979 telecommunication service providers from disclosing
customer’s information about their use of
telecommunications services and data retention obligations.

National Broadband Network Governing the ownership, control and reporting obligations
Companies Act 2011 of NBN.

Activity: Discuss

As a group, discuss examples of how each networking legislation is implemented in


practice. Also discuss the role of legislation for data security and safety.
Summarise your discussion in a table like this:

Legislation Example
LEARNER GUIDE – ICTNPL413

Take notes and keep them for future reference.

Activity: Read

For more information and further links for the telecommunications legislation in
Australia, visit the following websites:
Website 1: https://www.oaic.gov.au/privacy/other-legislation/telecommunications/
Website 2: https://business.gov.au/planning/industry-information/information-media-
and-telecommunications-industry
Website 3: https://www.dlapiperintelligence.com/telecoms/index.html?t=laws&c=AU
Website 4: https://www.maddocks.com.au/insights/updated-and-remade-
telecommunications-regulations
Take any notes to summarise what you have read and keep for future reference.

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

TRG-DOC-08 Learner Guide- ICTNPL413 | Version: V-2.0 | Last Reviewed: July 2022 | Next review Date: As required | Page 9
LEARNER GUIDE – ICTNPL413

Activity: Reflect

What can you do in the workplace (or your studies) to make sure you keep up to date
with legislative changes?

Dealing with non-compliance


If you come across issues that relate to non-compliance with legal requirements, you may have to
problem-solve. For example:

 a breach in privacy where a customer’s details have been given to a third party

 a hacker has stolen passwords that are used for logging into networks

 pricing for a service is not within regulations.


You would need to assess the problem and work out how to solve it. In your role you may have to
follow specific organisational procedures, or you may need to use your own problem-solving skills. A
broad process could be:

 define the problem

 generate solutions

 evaluate and select the most appropriate solution

 implement

 follow up.

Regulation and deregulation


The provision of telecommunications networks and services are enforced under key regulatory bodies
and federal legislation. These regulatory bodies impact and influence network planning activities for
telecommunication businesses and should be considered as part of your research.

Regulation is the process of passing laws to control activities.

The key regulatory bodies are:

Australian Australian Competition Department of


Communications and and Consumer Communications and the
Media Authority (ACMC) Commission (ACCC) Arts (DOCA)

ACMA regulates the internet, broadcasting, telecommunications, and radio communications industry.
Telecommunication providers and are expected to self-regulate under the ACMA who enforce industry
codes and standards under the Telecommunications Act 1997.
It includes:

 licensing and regulating telecommunications carriers, carriage service providers and content
service providers
ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

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 licensing and regulating RF spectrum

 regulating television and radio broadcasting, including content regulation

 regulating telecommunications and radiocommunications equipment

 regulating telephone, email marketing and online content.


The Australian Competition and Consumer Commission (ACCC) regulates access in the
telecommunications sector. It also oversees anti-competitive conduct and consumer protection
provisions (within the Competition and Consumer Act 2010) and is responsible for the economic
regulation of the communication’s sector which includes telecommunications, broadcasting, content,
and the national broadband network (NBN).
The TSSR is a regulatory framework to improve the management of national security risks to the
Australian telecommunications industry.

Activity: Read

Read the following overview on telecommunication’s regulations:


Website: https://thelawreviews.co.uk/title/the-technology-media-and-
telecommunications-review/australia
Read the following rules for carriers and service providers in Australia:
Website: https://www.infrastructure.gov.au/media-centre/publications/rules-carriers-
and-service-providers
Take any notes to summarise what you have read and keep them for future
reference.
Keep a copy of the link to support you with further activities and your assessment.

Sometimes, regulations place restrictions on businesses. Deregulation removes these


restrictions granting businesses greater freedom. It aims to balance regulations to ensure
consumer protection but also promote new providers and improved technology implementation.

Both regulation and deregulation have an impact on the network planning industry:

Regulation impact Deregulation impact

 Regulation provides a standard level of  Increased telecommunication competition


telecommunication service at a (this can be seen as a positive for
reasonable cost. competitive pricing).

 Regulation ensures equal availability of  It results in higher levels of customer


access. satisfaction.

 Regulation avoids monopolisation of the  Deregulation creates innovation.


market.
 Deregulation introduces new suppliers
and services to the market.

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

TRG-DOC-08 Learner Guide- ICTNPL413 | Version: V-2.0 | Last Reviewed: July 2022 | Next review Date: As required | Page 11
LEARNER GUIDE – ICTNPL413

Regulation impact Deregulation impact

 Deregulation may cause collusive


behaviour.

Activity: Discuss

One problem faced by telecommunication network operators are to provide services


for broadband access that can provide guaranteed network coverage. When network
planning, they must look at solving issues relating to installation costs, distance
between users and base stations, supported traffic, quality of received signals.

As a group:

 discuss how regulation and deregulation impacts this problem.

 brainstorm examples of further issues the networking industry face in relation to


regulation and deregulation.

Activity: Practical

Do research to find out further information on the impact of government regulation


and deregulation on the networking planning industry. To do this:

 List all carriers and/or service providers governed by legislation in Australia.

 Find one example of a carrier and/or service provider that has been impacted by
regulation and deregulation in the past 20 years.

 Say how they addressed problems related to the regulation/regulation (or how
they could address the problems).

 Use digital technology to present the information you’ve researched.

 Share your work with a partner and ask for their feedback.

Economic conditions
The growing use of telecommunications has stimulated the development of the telecommunications
industry and contributed to productivity growth in the economy through:

 more efficient allocation of resources in the market

 improved efficiency of physical inputs to production

 increased productive capacity over time through new production processes.

Network legislation and regulations are influenced by the economic conditions.

Economic factors should be assessed to determine their influence on network growth and planning.
Improving or increasing the quantity of these factors can lead to growth in the economy.

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

TRG-DOC-08 Learner Guide- ICTNPL413 | Version: V-2.0 | Last Reviewed: July 2022 | Next review Date: As required | Page 12
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Economic growth is measured by the increase in a country’s Gross Domestic Product (GDP).
This means its output.

Activity: Brainstorm

As a group, brainstorm a list of common economic factors that can affect growth for
public and commercial enterprises. Also brainstorm examples of how the factors
affect growth in the network planning industry.
Take notes and keep them for future reference.

Activity: Discuss

As a group, discuss specific examples of economic conditions and political


influences that are affecting the network planning industry right now.

Activity: Read

If you’d like to know more, read the article on how economic growth is defined in
Australia.
Article: https://www.rba.gov.au/education/resources/explainers/economic-growth.html

Activity: Practical

Work in small groups to define the economic condition in your State or Territory
(such as Queensland or Northern Territory) and Australia as a whole.
How is the economic condition influencing the growth and planning of
telecommunication networks?
Your trainer will oversee a group discussion to summarise your work. Take notes and
keep them for future reference.

Reporting on economic and political influences


In business, research is conducted, evaluated, and reported to relevant stakeholders to read and use
to make informed decisions. This applies to research conducted on the economic conditions and
political influences related to networking markets too.

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

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LEARNER GUIDE – ICTNPL413

Activity: Reflect

Which legislative and/or business decisions will your assessment of the economic
and political influences on the growth and planning of networks influence?

Remember that the way you communicate will influence whether your research and evaluation is used
(regardless of how good it is).
An evaluation report is one way to communicate an assessment of the economic and political
influences on networking regulations and legislation.

An evaluation report provides findings, conclusions and recommendations from research and its
evaluation.

An evaluation report should summarise the researched data and present the assessment and analysis
of data as information that can be used.

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

TRG-DOC-08 Learner Guide- ICTNPL413 | Version: V-2.0 | Last Reviewed: July 2022 | Next review Date: As required | Page 14
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Remember that an evaluation report should:

 be appropriate and relevant to the people reading the report

 use effective written communication techniques

 provide good interpretation of data and clear evidence

 have a clear format and structure.


The structure you follow is important. It can guide you through the process of writing and provide a
time for you to construct and formulate your ideas.
Keep in mind that the structure will vary according to the type of evaluation being done and any
organisational policies and procedures for report writing. However, common factors about writing an
evaluation report are it:

 contains a title page, contents page, executive summary, introduction, findings and discussion as
well as any recommendations or conclusions

 provides sources of data, bibliographies, relevant appendices to support research

 includes footers and headers with any footnotes and page numbers

 includes a variety of different visuals including images, graphs, charts, tables and infograms

 is accurate, unbiased, complete, timely and relevant

 is inclusive in its readability and accessibility

 has been approved and checked before being distributed.

Activity: Read

Read the article on how to write an evaluation report:


Website: https://knowhow.ncvo.org.uk/how-to/how-to-write-an-evaluation-report
Read the article on what to include in an evaluation report:
Website: https://www.betterevaluation.org/en/evaluation-options/final_reports
Review the following example template of an evaluation report:
Website: https://wikieducator.org/images/5/53/Evaluation_report_template.pdf
Take any notes to summarise what you have read and keep them for future
reference.

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

TRG-DOC-08 Learner Guide- ICTNPL413 | Version: V-2.0 | Last Reviewed: July 2022 | Next review Date: As required | Page 15
LEARNER GUIDE – ICTNPL413

Activity: Develop

For this activity you are to do research and write a report that evaluates economic
and political influences on both public and commercial enterprises that provide
services in networking markets.
You may use the information that you have read and researched in previous
“Practical” activities.
In your report, make sure you:
1. List all carriers and/or service providers who are governed by legislation in
Australia.
2. Summarise current legislation governing network planning for these carriers
and/or service providers.
3. Explain how regulation and deregulation have impacted at least one of the
carriers and/or providers.
4. Say how any problems or issues were overcome or addressed (or how they
could have been addressed).
5. Summarise the current economic conditions.
6. Assess the influence of the economic conditions on the growth and planning of
network industries (both commercial and public).
7. Draw conclusions and make recommendations for networking regulations and
legislation based on your evaluation of political and economic influences.
Find a suitable evaluation report template or use the one reviewed in the previous
activity. Ensure that you use effective written communication skills and clear,
detailed, and cohesive language.

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

TRG-DOC-08 Learner Guide- ICTNPL413 | Version: V-2.0 | Last Reviewed: July 2022 | Next review Date: As required | Page 16
LEARNER GUIDE – ICTNPL413

Plan your work so that you complete according to deadlines and time allocated by
your trainer/assessor.
This activity will support you for when you complete your assessment tasks. Submit
to your trainer/assessor for feedback.

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

TRG-DOC-08 Learner Guide- ICTNPL413 | Version: V-2.0 | Last Reviewed: July 2022 | Next review Date: As required | Page 17
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Topic 2: The impact of networking regulations and


legislation

Activity: Practical

Refresh your memory on legislation and regulations related to the network industry. If
necessary, go through the relevant content in Topic 1 again.

Legislation and regulations impact all stakeholders associated with the network industry. This includes:

 rights for carriers and service providers

 enforced competitive provisions between service providers

 planning obligations for network accessibility (under the Universal Service Obligation).

Activity: Reflect

What do you think would happen if there were no networking regulations and
legislation for the telecommunications industry?

For the next topic, we cover the rights of carriers and service providers, enforcing competitive
provisions between service providers and review the obligations of the Universal Service Obligation
(USO). At the end of the topic, you are required to produce a report outlining the impact of Australian
Federal Legislation on network planning processes and accessibility.

Rights of carriers and service providers


Let’s begin by looking at the rights of carriers and service providers who install facilities in Australia for
telecommunications in more detail. This includes carriers and service providers of fixed or mobile
communications (voice or data).

What is meant by the term “Rights”?


In the context of carriers and service providers and installing telecommunication services in
Australia, rights relate to legislation, human rights of others and specific allowances relating to
the industry such for the consumer and supplier.

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

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What is the difference between a carrier and service provider?


Before continuing make sure you understand the differences between carriers and service providers
(shown in the table below).

Definition Example Requirements

Carrier A carrier network provides the Telstra or They cannot allow the use
network infrastructure used by a Optus of their network units to
telecommunications service provider. provide services to the
public unless:
The carriers are regulated by
authorities on how they operate the  they hold a carrier
telecommunications systems. licence
The carrier networks have an  a nominated carrier
infrastructure that includes complex declaration is in force
configurations of interconnected over the network
hardware, transmissions, cabling and units
devices, wireless networks and
 an exemption
satellite facilities that provide
applies.
communication services to large
amounts of people spread over vast Further licence conditions
geographical areas. can be imposed on all or
individual carriers and
In Australia, the carriers own network
classes of carriers
units, delivering carriage services.
(licence condition
declarations).

Carriage Carriage service providers provide Optus AAPT, The do not have their own
service services for: iiNet, JB network units and do not
provider HiFi, Kogan need a license. However,
 network units that a licensed
Mobile, MeU they do have to comply
carrier owns
Mobile, with legislation.
 network units covered by a Amaysim,
nominated carrier declaration. NBN, Optus,
Telstra, TPG
Service providers also include
Telecom,
organisations that can resell time on
Virgin
a network for phone calls, provide
Mobile,
access to the internet (internet
Vodafone,
service providers) and phone
Woolworths
services over the internet (VoIP
service providers).

A network unit has four categories, all with associated regulations set out in the
Telecommunications Act:
Cat 1: single line links connecting distinct places in Australia

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

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Cat 2: multiple line links connecting distinct places in Australia


Cat 3: designated radiocommunications facility
Cat 4: facilities specified in a Ministerial determination under section 29 of the Act.

Activity: Reflect

Which service provider do you use? Who is the carrier?

What are the rights or carriers and service providers?


Aside from the regulations, obligations, and compliances that carriers and service providers must
follow, there are also powers and immunities from state and territory law.
In the Telecommunications Code of Practice 2018, carriers are authorised to enter land and have the
following powers:

 inspect the land

 install a facility

 maintain a facility.
However, they must comply with the following conditions:

 do as little damage as practicably possible

 act in accordance with good engineering practices

 comply with recognised industry standards


Landowners and occupiers have the right to notification of any work (unless it is an emergency, or they
have waived the right to be notified); or object to the carrier within five business days before the work
commences.

Carriers own any infrastructure that they have installed, including cables. They can seek
damages if their property has been deliberately or negligently damaged.

Activity: Read

A link to the telecommunications code of practice can be found at the following


website:
https://ablis.business.gov.au/service/ag/telecommunications-code-of-practice/41746
Take any notes to summarise what you have read and keep for future reference.

The Telecommunication Act 1997 contains laws for the efficient construction and maintenance of
telecommunication networks. Carriers are able to enter land to install and maintain some types of
ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

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LEARNER GUIDE – ICTNPL413

telecommunication facilities. A community needs to be able to access affordable and reliable


telecommunication services. However, property owners, local governments and communities must be
able to have a say in the deployment of infrastructure that affects them. This means that the carriers
deploying infrastructure are exempt from some laws, including planning laws. This includes:

 facilities that are determined to be low-impact facilities

 temporary facilities for use by a defence organisation

 facilities for which the ACMA has granted a facility installation permit.
If a facility is not in one of the above groups, then carriers must then comply with state and territory
laws and planning regulations.
Carriers should be able to provide fast and cost-effective telecommunication services to those that
need them. They can deploy low-impact facilities infrastructure under a national process rather than
under different states, territories, and local government requirements. This also reduces the
administration for government and carriers. To protect the rights of the community and property
owners there are safeguards and objection rights.

Low-impact facilities are needed for telecommunication networks so that they can provide wider
coverage and services. It can include underground cabling, small antennae, underground and
above ground structures that protect equipment, equipment in buildings to help subscribers
connect to the internet, equipment on structures that already exist (for example poles or
buildings). NBN low-impact facilities include underground pits, power poles and NBN nodes.

Activity: Read

See the following website for a list of the different types of low-impact facilities.
Website: https://www.acma.gov.au/local-councils-and-network-facilities
Take any notes to summarise what you have read and keep for future reference.

In summary:

Licensed telecommunications operators can enter a person’s property to maintain a


network facility.

Other telecommunication operators or service providers must obtain permission to access


a person’s property.

Telecommunication providers do not require local, state or territory government approval


for plans to work on a person’s property.

They do need government approval to install a facility that is not low-impact and on an
area of environmental significance.

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LEARNER GUIDE – ICTNPL413

Activity: Practical

Do research to:

 outline the main purpose of the Telecommunications (Interception and Access)


Act 1979 and how this applies to carriers and service providers.

 find out carrier powers and immunities including:


o a summary of what the laws mean for telecommunication companies
o a definition of low-impact facilities and what they mean for carriers
o obligations of carriers related to their powers and immunities
o obligations on landholders and occupiers related to carrier powers and
immunities
o laws on providing services to multi-dwelling units.
Keep a record of your research findings as you will need this later on. Keep a note of
any sources of information.

Enforcing competitive provisions


Think back to what you learnt about the ACCC in topic 1 (refresh your memory by summarising the
content if you need to).

The ACCC is responsible for the economic regulation of the communications sector.

Image by Andrea Piacquadio on Pexels

This includes telecommunications, the NBN, broadcasting and content sectors. The following is a list
of responsibilities:

 competition and access functions

 NBN
ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

TRG-DOC-08 Learner Guide- ICTNPL413 | Version: V-2.0 | Last Reviewed: July 2022 | Next review Date: As required | Page 22
LEARNER GUIDE – ICTNPL413

 Telstra’s structural separation undertaking

 declaration of a service

 anti-competitive conduct.
You may need to again problem solve (as discussed earlier), where there are issues that are identified
that contravene the ACCC requirements. For example:

 Where there is no disability access

 Access during Covid-19 lockdowns.

Activity: Read

For more information on how the ACCC enforces competitive provisions, read through
the information on their website and follow any related links:
https://www.accc.gov.au/regulated-infrastructure/communications/accc-role-in-
communications#intellectual-property
Also see the fact sheets on how the ACCC sets rules for the supply of
telecommunications services:
How the ACCC rules for wholesale broadband services benefit you
How the ACCC review of mobile phone regulation affects you
How the ACCC's review of transmission regulation affects you
How requiring Telstra to share its copper network benefits you
How competition in supplying landline telephone services benefits you
How the ACCC ensures that you can make calls to people on all telephone networks
Or use the following link to the list of links:
https://www.accc.gov.au/regulated-infrastructure/communications/accc-role-in-
communications/consumer-fact-sheets-for-telecommunications-services
Review the following guide to competition and consumer law:
https://www.accc.gov.au/system/files/1543_A%20guide%20to%
20competition%20and%20consumer%20law_FA3.pdf
Links that explain anti-competitive behaviour law:
https://www.accc.gov.au/business/anti-competitive-behaviour
Take any notes to summarise what you have read and keep for future reference.

The Universal Service Obligation (USO)

Activity: Reflect

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

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LEARNER GUIDE – ICTNPL413

Think about the size of Australia and consider the accessibility of networking services
to both individuals and organisations. Then compare a city with a regional town such as
Brisbane v Mount Isa or Perth v Bremer Bay. Consider the distances in Australia and
the remote and rural towns.
To help you further look at the following map, comparing the size of Australia to
Europe:

Source: https://wickedwalkabout.com/how-big-is-australia-2/

The Universal Service Obligation (USO) means that you have the right to a standard fixed
telephone service provided by Telstra, regardless of where you live or work.

Section 9 of The Telecommunications (Consumer Protection and Service Standards) Act 1999
(Section 9) provides the conditions for the USO to ensure that they provide services that are
reasonably accessible to all Australians on an equal basis, wherever they live or work. It covers:

 a standard telephone service

 payphones

 prescribed carriage services

 digital data services.


It also states that the USO should be achieved economically as possible, and any losses involved in
its provision should be shared amongst carriers.

Activity: Read

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

TRG-DOC-08 Learner Guide- ICTNPL413 | Version: V-2.0 | Last Reviewed: July 2022 | Next review Date: As required | Page 24
LEARNER GUIDE – ICTNPL413

See more information on the USO from their tip sheet.


Website: https://accan.org.au/files/Tip%20Sheets/USO%20Tip%20sheet.pdf
Take any notes to summarise what you have read and keep for future reference.

Activity: Practical

Choose ONE suburb or city in Australia. Work in small groups to write a report that:
 reviews the planning obligations of the USO.

 evaluates the accessibility of networking services to both individuals and


organisations in that area.

 provides clear conclusions.


Share your work with other students and ask for their feedback.

Image by Pixabay on Pexels

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

TRG-DOC-08 Learner Guide- ICTNPL413 | Version: V-2.0 | Last Reviewed: July 2022 | Next review Date: As required | Page 25
LEARNER GUIDE – ICTNPL413

Activity: Develop

Let’s put what’s you’ve learnt into practise.


Produce a summary report that evaluates the impact of Australian federal legislation
on network service planning processes and accessibility to networks.
In your report, consider:

 regulation and deregulation

 demand for faster services

 future planning/network growth

 quality of service

 the implementation of 5G

 security and data breaches

 Covid 19, innovation

 network conditions and environmental impacts.


Ensure that you use effective written communication skills and clear, detailed and
cohesive language. Type up your report in a structured and professionally formatted
document.
Ensure that you plan your work so that you complete according to deadlines and
time allocated by your trainer/assessor.
Submit to your trainer/assessor for feedback.

ANIT Australia Pty Ltd T/A Albright Institute of Business and Language RTO #: 45041 CRICOS #: 03553J www.albrightinstitute.edu.au

Head Office Address: Level 2,4 & 8, 341- 345 Queen Street, Melbourne VIC 3000 Tel: 1300 189 154 Campuses at: Sydney, Brisbane, Adelaide

TRG-DOC-08 Learner Guide- ICTNPL413 | Version: V-2.0 | Last Reviewed: July 2022 | Next review Date: As required | Page 26

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