Annual report 2014 –15 Annual report 2014–15 Copyright notice http://creativecommons.org/licenses/by/3.0/au/ With the exception of coats of arms, logos, emblems, images, other third-party material or devices protected by a trademark, this content is licensed under the Creative Commons Australia Attribution 3.0 Licence. We request attribution as: © Commonwealth of Australia (Australian Communications and Media Authority) 2015. All other rights are reserved. The Australian Communications and Media Authority has undertaken reasonable enquiries to identify material owned by third parties and secure permission for its reproduction. Permission may need to be obtained from third parties to re-use their material. Written enquiries may be sent to: Manager, Editorial Services PO Box 13112 Law Courts Melbourne VIC 8010 E: [email protected] ISSN 1834-0776 This report is available on the ACMA website at www.acma.gov.au/annualreport. ACMA Annual report 2014–15 | 3 Contents 12 Part 1—The year in review 14 Chairman’s foreword 18 At a glance—significant issues and developments 20 Part 2—Agency overview 22 Chapter 1: About the ACMA 23 Functions and responsibilities 24 Strategic work program 25 Structure 25 The Authority 28 Corporate structure 30 Chapter 2: Revenue and fees 31 Revenue collection 31 Revenue and fees 32 Telecommunications services funding 33 Eligible revenue assessment 33 Annual carrier licence charges 33 Do Not Call Register access fees 33 Numbering charges 33 Number auctions 34 Apparatus licence taxes 34 Spectrum licence tax 34 Broadcasting licence fees and datacasting charge 36 Part 3—Report on performance 38 Chapter 3: Communications regulation, planning and licensing 40 Deliverable: Effective allocation and use of the radiofrequency spectrum 40 Overview and significant outcomes 40 Spectrum review 41 Early access to the 700 MHz band ACMA Annual report 2014–15 | 5 41 Digital switchover 41 Restack coverage assessment project 42 Complaints under the conditional access scheme for satellite access to digital television 42 Wireless microphones and the digital dividend 42 Broadcast planning 42 Television licence area plans 42 Radio licence area plan variations 44 Digital radio 44 Land mobile frequency coordination requirements 44 Ongoing review of spectrum planning and coordination frameworks 44 Five-year spectrum outlook 45 Mobile phone jammer trial at Lithgow Correctional Centre 45 1800 MHz band 45 Apparatus licences in the 3.5 GHz band 46 International spectrum activities 46 Satellite coordination 47 Deliverable: Minimisation of unacceptable interference to radiocommunications services 47 Overview and significant outcomes 47 Technical standards and regulations 47 Radiocommunications 47 Electromagnetic compatibility 47 Electromagnetic energy 48 Field-based activities and investigations 48 Radiocommunications interference management 49 Radiocommunications interference prosecutions 49 Spectrum monitoring network 49 Radiocommunications compliance laboratory 50 Compliance forbearance 50 Telecommunications infrastructure regulation 50 Carriers’ rights and obligations 50 Mobile phone base station deployment 51 Deliverable: Promotion of competition, efficiency and innovation in the Australian telecommunications industry 51 Overview and significant outcomes 51 Numbering reform activities 52 New arrangements for mobile calls to 1800 and 13/1300 numbers 52 Numbering Advisory Committee 6 | Contents 53 Deliverable: Administration of licensing and number allocation arrangements 53 Overview and significant outcomes 53 Radiocommunications licensing 53 Apparatus licensing 55 Spectrum licensing 56 Class licensing 56 Accredited persons scheme 56 Marine radio certificates of proficiency and operator examinations 57 Review of marine radio operator qualifications for recreational boaters 57 Amateur radio operator examination services 57 Broadcasting licensing 57 Temporary community broadcasting licences 58 Community radio broadcasting licences 58 Commercial radio broadcasting licences 58 Commercial television broadcasting licences 58 Community television broadcasting licences 58 Telecommunications licensing 58 Carrier licensing 59 Number allocations register 59 Numbering transactions 60 Portability 60 Pre-selection 60 Submarine cable protection zones 61 Submarine cable installation permits 62 Deliverables: Provision of appropriate and reasonable support to law enforcement, emergency services and national security/Work in partnership with industry to improve the performance of Australia’s emergency call services 62 Overview and significant outcomes 62 Law enforcement and national security 62 Supporting law enforcement and national security agencies 62 Identity-checking requirements for prepaid mobile phone services 63 Interception exemption for trial services 63 Disclosure of customer information to law enforcement and national security agencies 63 Integrated Public Number Database 63 CSP compliance with IPND requirements 64 Southern Phone Company enforceable undertaking and direction to comply with TCP Code 64 IPND scheme 64 Emergency call service 64 Emergency Call Service Advisory Committee 64 Reducing the volume of non-emergency calls 65 Improved mobile location for emergency service organisations 65 Awareness-raising activities 65 Emergency+ app 65 Complaints and investigations about the Triple Zero service ACMA Annual report 2014–15 | 7 66 Chapter 4: Consumer safeguards, education and information 68 Deliverable: Facilitate transition to the national broadband environment 68 Overview and significant outcomes 68 Telecommunications standards 68 Cabling regulation 69 Cabling registration scheme 69 Telecommunications Cabling Provider Rules 2014 69 Telecommunications Cabling Determination 2015 69 Informed consent arrangements for nbn battery backup services 70 Deliverable: Maintain effective telecommunications safeguards 70 Overview and significant outcomes 71 The TCP Code 71 The ACMA’s enforcement powers 71 Enquiries and investigations about compliance with the TCP Code 71 Compliance attestations review 71 Critical information summaries review 72 Customer transfer investigations and review 72 Mobile premium services 72 International mobile roaming standard 73 Telecommunications Industry Ombudsman scheme 73 TIO scheme membership 73 TIO scheme investigation 73 Exemptions from the TIO scheme 73 Copyright Notice Scheme Code 74 Universal service obligation 74 Payphone performance 74 Customer Service Guarantee 74 Network Reliability Framework 75 Priority assistance 75 Local presence plan 75 Consumer Consultative Forum 76 Deliverable: Minimise unsolicited spam and telemarketing communications 76 Overview and significant outcomes 77 Unsolicited communications compliance 78 Education initiatives and stakeholder engagement 79 International cooperation 79 Do Not Call Register 79 De-registration of Internet Industry Spam Code of Practice 8 | Contents 80 Deliverable: Maintain effective broadcasting and community standards 80 Overview and significant outcomes 80 Ownership and control 80 Compliance with ownership and control provisions 81 Local content 81 Regional television 81 Regional radio 83 Broadcasting compliance 83 Broadcasting codes of practice, licence conditions and standards 83 Code reviews 84 The ACMA’s enforcement powers under the BSA 84 Investigations conducted by the ACMA in 2014–15 85 Anti-siphoning provisions 85 Australian content 85 Broadcasting (Australian Content) Standard 2005 85 Children’s Television Standards 2009 86 Subscription television drama expenditure 87 Captioning 89 Deliverable: Maintain effective online content and community standards 89 Overview and significant outcomes 89 Online content complaints 91 National Child Protection Week 91 CCEMO forum 92 Interactive gambling 93 Deliverable: Promote engagement in the information economy and evolving networked society 93 Overview and significant outcomes 93 Cybersafety—the Cybersmart program 94 New Cybersmart education resources 94 Cybersmart Outreach program 94 Key partnerships 95 Cybersecurity 96 researchacma 96 Market developments 97 Media content and culture 97 Social and economic participation 97 Citizen and consumer safeguards 97 Regulatory best practice and development ACMA Annual report 2014–15 | 9 98 Deliverable: Develop and maintain appropriate regulatory settings for an information economy and network society 98 Overview and significant outcomes 98 Better targeted regulation 99 Regulatory best-practice and development research 99 Sunsetting 100 Part 4—Management and accountability 102 Chapter 5: Managing and developing our resources 103 Governance 103 Corporate planning 103 Risk management 104 Audit 104 Security 104 Our people 104 Performance payments 105 Enterprise agreement negotiations 105 Workplace diversity plan 105 Changes to disability reporting in annual reports 105 Agency multicultural plan 106 Ethical standards 106 Health and safety 107 Consultation and workplace relations 107 People and capability development 107 Performance management 108 Client Service Charter 108 Information management 109 Communications and engagement 109 Customer Service Centre 109 External stakeholder engagement 110 International agenda and engagement 110 Financial management 110 Procurement and contract management 111 Grant programs 111 Asset management 111 Property management 111 Ecologically sustainable development and environmental performance 10 | Contents 112 Appendixes 114 Appendix 1: ACMA offices 115 Appendix 2: ACMA committees, memberships and attendance at meetings 118 Appendix