Chariot fined $10,000 for failing to lodge eligible revenue return
OK, that’s a March 2006 headline, but it makes the point: failing to comply with the approaching 28 September deadline for carriers to lodge their annual Eligible Revenue Return is not a good idea.
The ERR is used to determine each carrier’s proportionate liability to contribute to funding the Universal Service Obligation, and one late return holds up the whole exercise.
As ACMA Chairman Chris Chapman said at the time:
‘This court decision highlights that ACMA is comfortable with taking action in appropriate circumstances against carriers that fail to meet their regulatory responsibilities.’
CSP Central has previously backgrounded the return and its requirements.
Web Ace aced by ACMA
The Australian Communications and Media Authority has flexed its Telecommunications Act muscles against ISP Web Ace, directing it to comply with the billing rules under the Telecommunications Consumer Protections Code.
Web Ace is the trading name of Jason Kenneth McKay of Perth, WA. ACMA says that McKay has been extracting payments from customer credit cards without authority, and failing to refund.
The issue was first publicised on Whirlpool, the Australian internet users’ town square. In May 2008, Whirlpool user ‘yabbitboy’ posted:
I am signed up to webace’s email only plan ( $60 a year ), I get unauthorized billings by webace 4 times already, 4*$60. I had contacted them by email – never got replied and also tried contacting them by phone – I do speak to them by person to person but they said they are ‘busy’ and say they will call me back which is *******.
ACMA has now used its power to direct McKay not to extract payments without issuing a bill and in accordance with customer authorisation.
A taxing time for carriers
If you hold (or recently held) a communications carrier licence, 28 September 2009 is a key date. That’s the last day for filing an Eligible Revenue Return (‘ERR’) with the Australian Communications and Media Authority (‘ACMA’).
The ERR has a key purpose: To determine what proportion of the national communications subsidy the client will be required to fund.
It’s a very specialised return and carriers have to get it right … and get it in on time. No extension is possible.
Telecommunications law expert Peter Moon explains this unique regime.
SFoA backgrounder released
Many CSPs are already using a ’Standard Form of Agreement’ but many others don’t … and don’t know what it’s all about.
To demystify the topic, here’s a dowloadable SFoA backgrounder that overviews what they are and why they can improve CSP business processes, with the compliments of CSP Central and Logie-Smith Lanyon Lawyers 
You should also check out this post about complying with the SFoA Summary notification regime.
ACMA launches premium SMS offensive
The Australian Communications and Media Authority has announced a package of measures designed to smash rogue premium SMS operators.
The industry was already expecting the Mobile Premium Services Code, which was finalised a few months ago and will take effect on 1 July 2009.
But in a move ACMA hopes will be decisive, it has revealed three other weapons in the battle against shonky premium SMS outfits.
Read more
Germans take down ACMA black list leak site
It has been reported that German domain name regulator, DENIC, has taken down the popular website www.wikileaks.de shortly after it published ACMA’s internet filtering trial black list.
Over recent weeks, many reports have emerged of the ACMA internet filtering trial black list having been published on different websites, potentially compromising the Government’s current internet filtering trials. One such website was www.Wikileaks.de.
ACMA issues ByteCard compliance warning
Canberra ISP ByteCard has received a formal warning from ACMA for failing to comply with the TIO Scheme.
The warning comes after disputes were alleged to have remained unresolved, as a consequence of this ISP’s refusal to comply with the TIO Scheme.
According to ACMA:
The TIO referred this matter to ACMA because Bytecard had failed to cooperate with the TIO in relation to two continuing matters. Both the TIO and ACMA have made attempts to encourage Bytecard to voluntarily comply with the TIO Scheme, without success.
Bushfires prompt changes to Use and Disclosure restrictions
In the wake of the terrible bush fires that hit Victoria, new regulations create an exception to the use and disclosure offences under Part 13 of the Telecommunications Act 1997.
Part 13 of the Act requires that Carriers, CSPs, their employees and contractors protect the confidentiality of protected information such as the content of communications, the affairs and personal particulars of people and namely the integrated public number database. The offences under this part are contained in sections 276 to 278, and can include a penalty of imprisonment against offenders.
ACMA moves on VoIP’s widespread Numbering Plan non-compliance
It’s simple. The Telecommunications Numbering Plan says that you must not allocate a standard telephone number to a VoIP service that can be simply relocated by the customer.
And you mustn’t allocate a standard telephone number to a service that doesn’t terminate in the local area the number is intended for.
It’s also simple for customers to bypass both rules, since the majority of VoIP providers couldn’t care less about breaking them.
A new ACMA discussion paper suggests that enforcement action may be on the way.
Proposed new code for mobile premium services
Communications Alliance has released in draft a proposed new industry code to regulate mobile premium services.
Says CA: ‘The draft Code sets out obligations on suppliers to establish appropriate community safeguards in the provision of Mobile Premium Services. The Code specifies minimum requirements on advertising, provision of information, service delivery, complaint handling and opt-out mechanisms.’
Importantly, the proposed code will mandate better up front disclosure of the commitment a consumer is being asked to make and a prompt and effective cancellation / opt-out process.
Premium services and problems surrounding them have long been a bane for many consumers and mobile resellers alike. If resellers have any comments on the draft, they should speak before 12 December 2008, or hold their peace for a long time.