The communications authority ACMA, and the competition authority ACCC, set out their priorities how they will approach regulation and enforcement.
Background: Regulators around the world are adjusting their activities in response to the coronavirus pandemic. This is generally resulting in delays to certain aspects of the regulatory activity, such as public consultations or final decisions, but also in stronger oversight of consumer rights, and requests to industry to guarantee essential services. On 27 March 2020, both the Australian Communications and Media Authority (ACMA) and the Competition & Consumer Commission (ACCC) announced the changes they are making to their activities, and what it means for the industries they regulate.
The ACMA suspends most reviews: The ACMA has already delayed processes for non-urgent matters, including the review of the prohibitions/exemptions framework in the Radiocommunications Act, and the consultation on proposed revisions to the NBN consumer experience rules. It also extended the deadline for submissions to the Spectrum Pricing Review, suspended planned investigations into compliance with the Telecommunications Consumer Protections Code, and implemented deferral or payment by instalment for apparatus licence renewals. The ACMA also recognises that the pandemic may create real difficulties for organisations to comply with their regulatory responsibilities. Where warranted, the ACMA will consider regulatory forbearance on a case-by-case basis.
The ACCC will monitor broadband performance: Among the ACCC’s most noteworthy actions, has been the establishment of an internal COVID-19 taskforce which is already communicating directly with businesses in relation to cancellations, refunds and suspension of services. The authority will continue to focus on affordability issues in communications, among other sectors. In enforcement activities, the ACCC will seek to minimise regulatory burden as far as possible. It will continue to consider proposed mergers, though timelines may need to be extended. With regard to infrastructure regulation, the ACCC will consider exemptions if current obligations become impracticable as a consequence of COVID-19. Public inquiries that consider new regulation will generally be deferred. The ACCC will continue monitoring important sectors, including the performance of broadband services.
