DRAFT Division 12 - May 2020 - ACCC
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Division 12
Record-Keeping and Reporting Rules
Issued under section 151BU of the
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Competition and Consumer Act 2010
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May 20201. TITLE
(1) These Rules, made by the Australian Competition and Consumer Commission under
section 151BU of the Competition and Consumer Act 2010, may be referred to as
(a) the Division 12 Record-Keeping and Reporting Rules; or
(b) Rules.
2. COMMENCEMENT
(1) These Rules commence on 1 July 2021.
(2) These Rules replace the Division 12 Record-Keeping and Reporting Rules made in
July 2013 (the 2013 Rules).
(3) For the avoidance of doubt, these Rules will apply to record-keeping and reporting for
the 2021-22 financial year and all subsequent financial years. Carriers and carriage
service providers should follow the 2013 Rules for record-keeping and reporting
Note:
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requirements for the 2019-20 and 2020-21 financial years.
The Commission will issue the Rules by making a public announcement and placing the Rules
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on its website.
3. INTERPRETATION
3G means third generation mobile telecommunications standards,
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and includes technologies comply with the International
Telecommunications Union, International Mobile
Telecommunications 2000 (IMT-2000) specifications.
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4G means fourth generation mobile telecommunications standards,
and includes technologies comply with the International
Telecommunications Union, International Mobile
Telecommunications-Advanced (IMT-Advanced) specifications.
Note: Technologies that do not currently meet the full IMT-Advanced
requirements can be considered 4G technologies provided they are
preconditions to implementing IMT-Advanced compliant specifications e.g.
first release versions of WiMAX and LTE.
5G means fifth generation mobile telecommunications standards,
and includes technologies comply with the International
Telecommunications Union, International Mobile
Telecommunications-2020 (IMT-2020) specifications.
Act means the Competition and Consumer Act 2010.
2ADSL means asymmetric digital subscriber line, and is a broadband
Internet transmission technique.
Australian subsidiary means a subsidiary that is registered with ASIC under section
118 of the Corporations Act.
broadband means an Internet connection that enables high speed usage with
high capacity limits and download speeds of greater than or equal
to 256 Kbits/sec.
cable Internet means a broadband Internet service provided by means of a fixed
customer access network that does not primarily utilise copper,
and includes services delivered over optic fibre or coaxial cable,
but does not include services provided on the National
Broadband Network.
carriage service has the same meaning as in the Telecommunications Act 1997.
provider
carrier has the same meaning as in the Telecommunications Act 1997.
Commission
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means the Australian Competition and Consumer Commission.
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consumer means a person who has a contract with a carrier or carriage
service provider for the supply of a telecommunications service.
It does not include a carriage service provider or carrier acquiring
a telecommunications service in its capacity as a carriage service
provider or carrier for the purposes of resale.
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directly connected means any person, business or other entity to whom an
customer ISP provides an Internet service under a direct contractual
relationship.
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DSL broadband means digital subscriber line, and is a broadband Internet
transmission technique.
financial year has the same meaning as in the Corporations Act.
FY means financial year.
Home wireless means an internet connection which provides short range, high
broadband data rate connections between a fixed modem and access points
connected to a mobile network.
Internet service means a retail service supplied to directly connected customers
and provided by means of an IP network.
iiNet means iiNet Limited (ABN 48 068 628 937).
3IP network means a facility consisting of equipment utilising: the Internet
protocol stack; routers, whether domestic or international; and
transmission links used primarily for transmission of Internet
traffic, and includes Internet exchange points.
ISP means an Internet service provider.
ITU means the International Telecommunications Union, and is a
specialised agency of the United Nations within which
governments and the private sector coordinate global
telecommunications networks and services, including radio
communications.
M2M means machine-to-machine and is a direct communication
between devices using a mobile network communication channel
Mbit/sec means megabits per second, and is a data communications
transmission rate of one million bits per second.
Mobile broadband means an internet connection which provides short range, high
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data rate connections between mobile data devices and access
points connected to a network. Examples include mobile WiMax
and 3G/4G/5G accessed through a data card, USB modem or
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tablet SIM card (excluding a mobile handset).
mobile services means 3G, 4G and 5G services.
NBN means National Broadband Network.
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NBN services means telecommunications services provided by means of the
NBN.
Non-NBN fixed services means services provided over DSL, cable/HFC, fibre (FTTB,
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FTTC, FTTN, FTTP), fixed wireless and satellite, excluding
services provided by means of the NBN.
post-paid mobile means mobile telephony services for which a consumer contracts
to pay a specified monthly charge (or a charge based on some
other discrete time period) that includes a payment for a handset,
access, subscription and some call usage. The consumer
generally agrees to pay this amount for a minimum number of
months (or other discrete time period). If the consumer consumes
services during a particular month whose value exceeds the
agreed minimum, the customer is generally billed an additional
amount for the consumption of such services.
prepaid mobile means mobile telephony services for which a consumer is not
billed regularly, but rather pays upfront for handset, access, call
charges etc.
4radio communication has the same meaning as in the Radiocommunications
Act 1992.
Reporting Period means the most recently completed financial year (1 July to 30
June)
Rules means the Division 12 Record-Keeping and Reporting Rules.
Singtel Optus means Singtel Optus Pty Limited (ABN 90 052 833 208).
Subsidiary has the same meaning as in the Corporations Law.
SMS means short message service, and is a mobile
telecommunications data transmission service that allows users
to send short text messages to each other using the keypad.
TPG means TPG Telecom Limited (ABN 46 093 058 069).
Telstra means Telstra Corporation Limited (ABN 33 051 775 556).
VHA
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means Vodafone Hutchison Australia Pty Limited (ABN 76 096
304 620).
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Vocus Group means Vocus Group Limited (ABN 96 084 115 499).
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54. APPLICATION
(1) These Rules apply to:
iiNet Limited (ABN 48 068 628 937)
Singtel Optus Pty Ltd (ABN 90 052 833 208)
Telstra Corporation Limited (ABN 33 051 775 556)
TPG Telecom Limited (ABN 46 093 058 069)
Vocus Group Limited (ABN 96 084 115 499)
Vodafone Hutchison Australia Pty Limited (ABN 76 096 304 620), and
their Australian subsidiaries.
(2) These Rules also apply to a carrier or carriage service provider that supplies or uses a
listed carriage service and has been provided no less than two months notice in
writing by the Commission that the Rules apply to that carrier or carriage service
provider. The Commission must specify, in the written notice, the categories of
information prescribed in Schedule A that will apply to the carrier or carriage service
provider. The written notice must be published on the Commission’s website.
5. RECORD KEEPING
(1)
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A carrier or carriage service provider listed in column 3 of Schedule A must keep and
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retain records of the information specified in columns 1 and 2 of Schedule A in
accordance with the requirements for recording that information specified in column 4
of Schedule A.
6. REPORTING REQUIREMENTS
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(1) Each carrier or carriage service provider listed in Paragraph 4(1) must provide to the
Commission each year a report containing the information required to be kept in
accordance with these Rules.
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(2) A report required to be prepared in respect of a financial year must be lodged with the
Commission by 15 September following the last day of that financial year.
(3) A report must be prepared and submitted electronically in a Microsoft Excel format,
or as otherwise specified on the Commission’s website.
(4) A report must be provided to the Commission by email to RKRinbox@accc.gov.au,
or as otherwise specified on the Commission’s website.
(5) If a carrier or carriage service provider, in compiling this report, varies their method
of defining, recording and reporting information from the previous Division 12
reports then this must be explained. That carrier or carriage service provider must also
provide the new method of defining, recording and reporting information, and must
provide information using the new method of defining, recording or reporting
information for both the current and previous financial years.
6(6) A report must be accompanied by a signed declaration of an employee of the Carriage
service provider in the form of Schedule D.
(7) Reports must be prepared in the manner and form outlined for keeping records, as
relevant, in Schedules B and C using the appropriate template specified in Schedule
E.
(8) The templates specified in Schedule E may be amended by the Executive General
Manager of the Infrastructure Regulation Division from time to time. An amendment
must be published on the Commission’s website. An amendment takes effect either
from the date specified in the amendment or the date that is two months after the
amendment has been notified on the Commission’s website, whichever is the later.
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7Schedule A
Categories of information to be recorded by carriers and carriage service providers
under these Rules
Category No. Category name Reporting carriers and Requirements for
carriage service keeping records
providers covered by
each category
(1) Mobile services Telstra, Singtel Optus, Schedule B
information VHA and any other
carrier or carriage
service provider given
notice in accordance
with Rule 4(2) that this
category of information
applies to it.
(2) Internet services Telstra, Singtel Optus, Schedule C
information
TiiNet, VHA, TPG,
Vocus Group and any
other carrier or carriage
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service provider given
notice in accordance
with Rule 4(2) that this
category of information
applies to it.
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8Schedule B
Mobile services information to be reported by carriers and carriage service
providers to the Commission
(1) The carriers and carriage service providers listed in Category (1) of Schedule A
must provide the information outline in paragraph (2) below, in accordance with the
template set out in section 1 of Schedule E
(2) For mobile services, carriers and carriage service providers must state:
(a) The total number of call minutes for the Reporting Period
(b) The total number of SMS for the Reporting Period
(c) The total revenue from all prepaid services for the Reporting Period
(d) The total revenue from Retail prepaid services for the Reporting Period
(e) The total revenue from Wholesale prepaid services for the Reporting Period
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(f) The total revenue from all post-paid services for the Reporting Period
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(g) The total revenue from Retail post-paid services for the Reporting Period
(h) The total revenue from Wholesale post-paid services for the Reporting Period
(3) For mobile services, carriers and carriage service providers must include with its
submission a random sample of at least 100 bills issued to its customers. For each bill
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in the sample, the following information is required:
(a) Bill identification number
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(b) Billing period
(c) Name of mobile plan
(d) Total amount of charges on the bill (including GST)
9Schedule C
Internet services information to be reported by carriers and carriage service
providers to the Commission
(1) The carriers and carriage service providers listed in Category (1) of Schedule A
must provide the information outline in paragraph (2) below, in accordance with the
template set out in section 2 of Schedule E
(2) For internet services, carriers and carriage service providers must state:
(a) Total revenue from NBN services for the Reporting Period
(b) Total revenue from non-NBN fixed services for the Reporting Period
(c) Total revenue from mobile broadband services for the Reporting Period
(d) Total revenue from machine-to-machine (M2M) services for the Reporting Period
(e) Total revenue from home wireless broadband services for the Reporting Period
(3)
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For internet services, carriers and carriage service providers must include with its
submission a random sample of at least 100 bills issued to its customers for each of the
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following:
(a) non-NBN fixed services – DSL, cable and non-NBN fibre
(b) NBN services
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(c) Mobile broadband services
For each bill in the sample, the following information is required:
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(a) Type of service
(b) Bill identification number
(c) Billing period
(d) Name of plan
(e) Total amount of charges on the bill (including GST)
10Schedule D
Record-Keeping Declaration – Statement by CEO or CFO
(Date)
Executive General Manager
Infrastructure Regulation Division
Australian Competition and Consumer Commission
Statement by CARRIER’S or CARRIAGE SERVICE PROVIDER’S Chief
Executive Officer or Chief Financial Officer
I declare that:
(a) the reports are prepared in accordance with the requirements of the
Rules; and
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(b) the reports are accurate in all material respects.
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Dated at this day of 20
____________________________________________________
Chief Executive Officer/ Chief Financial Officer
(or delegated authority)
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11Schedule E
Templates for submission of reports
Division 12 Record-Keeping and Reporting Rule
Spreadsheet for submission to the ACCC
Issued under s 151BU of the Competition and Consumer Act 2010
Reporting carrier or carriage service provider: (please complete)
Reporting Year: 20XX-20YY
Spreadsheet Table of Contents:
Service Information
1 Mobile services information
2 Internet services information
Instructions
This spreadsheet is to be read in conjunction with the Division 12 Record-Keeping and
Reporting Rule.
It is designed to provide a template for submission of information and is not a complete
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statement of obligations under the rule.
For those carriers who report on multiple service types, please complete each relevant section
and submit as one Microsoft Excel file.
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The following table illustrates those parts of the spreadsheet that each type of reporting carrier
is required to complete:
Reporting Type Required to complete
Mobile services information 1
Internet services information 2
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12(1) Mobile services
(a) Usage metrics and revenue
For the previous For the current
Reporting Period Reporting Period
Total call minutes
Total SMS
Total revenue from retail prepaid mobile
services
Total revenue from wholesale prepaid
mobile services
Total revenue from all prepaid mobile
services
Total revenue from retail post-paid mobile
services
Total revenue from wholesale post-paid
mobile services
Total revenue from all post-paid mobile
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services
(b) Bill samples
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Bill Bill period Name of the plan Total amount of
identification charges on the
number bill
Bill sample 1
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Bill sample 2
Bill sample 3
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Bill sample 4
Bill sample 5
13(2) Internet services
(a) Revenue
For the previous For the current
Reporting Period Reporting Period
Total revenue NBN
Total revenue non-NBN fixed
Total revenue mobile broadband
Total revenue M2M
Total revenue home wireless broadband
(b) Bill samples
Service Bill Bill period Name of the Total amount
type identification plan of charges on
number the bill
Bill sample 1
Bill sample 2
Bill sample 3
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Bill sample 4
Bill sample 5
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