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V. TELECOMMUNICATION ACT 1997 (AUS)
A. the Competition Rule
Since 1 July 1997, the Australia Competition and Consumer Commission (ACCC) administers the competitive conduct rules which are new and exercised. The Competition Rule states that “A carrier or carriage service provider must not engage in anti-competitive conduct”, which including:”
● …states that a carrier or carriage service provider with substantial market power must not use that power with the effect of substantially lessening competition;
● …applies some of the traditional competitive conduct provisions of the TPA (the Trade Practices Act 1974) to carriers or carriage service providers, where their conduct relates to telecommunications market:
◊ if they possess substantial market power, they must not use that power with the purpose of substantially damaging a competitor, or deterring or preventing a person from engaging in competitive conduct;
◊ even if they do not possess substantial market power, they must not enter into arrangements (including contracts, covenants, and understandings) with the purpose or effect of substantially lessening competition; must not engage in exclusive dealing with the purpose or effect of substantially lessening competition; and must not engage in price fixing or resale price maintenance.”
Concerned about the enforcement of the Competition Rule, the ACCC could issue a Competition Notice to a person in breach of the Competition Rule with a requirement that details of the breach should be set out in the Competition Notice before the passing of the Telecommunications Legislation Amendment Act 1999. Under the new provisions, to specify the ‘class’ of behaviour in breach of the Competition Rule takes place of to set out details of the breach.
B. Radiocommunicaitons Act 1992 and BSA 1992
Followed the amendment of telecommunications policy, the Radiocommunicaitons Act 1992 and the Broadcasting Services Act (BSA) 1992 have been updated.
The Radiocommunicaitons Act 1992 has changed in:
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