Announcement date
25 October 2024
Link to announcement
https://www.acma.gov.au/articles/2024-10/new-telco-rules-support-continued-access-triple-zero
Problem being addressed
The problem examined in this Impact Analysis (IA) is that on 28 October 2024, once Australia’s remaining 3G mobile networks operated by Optus and Telstra are shut down, some customers with affected mobile phones will not be able to make calls to Triple Zero. This not only includes 3G-only handsets but 4G handsets that cannot support calls to emergency services except over 3G.
There are no mandatory requirements on carriers or carriage service providers for customers to be notified of this or to provide assistance on how to obtain a mobile phone that is capable of making emergency calls.
Without action, a subset of the population will be unaware their mobile phone will not be able to make an emergency call with the risk that this could lead to loss of life or property.
Those most likely to be impacted are elderly customers who use older devices, customers who are not confident with technology and prefer to use older, less-complex devices, customers from lower socio-economic backgrounds that are less likely to have updated their mobile phones, and customers experiencing financial hardship unable to afford newer mobile phones.
Proposal
On 21 August 2024, the Minister for Communications directed the Australian Communications and Media Authority (ACMA) to amend the Telecommunications (Emergency Call Service) Determination 2019 (ECS Determination) (the Direction) to include requirements for carriers to:
- Identify mobile phones unable to access Triple Zero
- Notify customers about the limitations with mobile devices unable to access the emergency call service.
- Not supply carriage services to mobile devices unable to access the emergency call service.
On 24 September 2024, the ACMA published proposed amendments for consultation in line with the Direction inviting feedback from stakeholders by 8 October 2024.
The IA considers options available to the ACMA to provide protections for affected customers, within existing powers, and enable them to continue to access Triple Zero services after the network shutdown. These include:
- Option 1: Status quo – Under this option the government retains the status quo, refraining from amending the current Emergency Call Service (ECS) Determination.
- Option 2 (Preferred): Direct Regulation – Implementing the Direction (amend the Emergency Call Service Determination). Option 2 is to amend the ECS Determination to include necessary obligations on carriers and CSPs to better facilitate end-user mobile phones to make emergency calls.
- Option 3: Industry self- or co-regulation, i.e. voluntary actions by providers, supported by an industry guideline or registered code. Under this option, government would rely on providers to voluntarily take active steps to identify and assist customers with mobile phones unable to make an emergency call after all 3G mobile networks are shutdown.
Assessed Impact Analysis outcome
Adequate
Assessment comments
The IA addresses the seven IA questions and follows an appropriate policy development process commensurate with the significance of the problem and magnitude of the proposed intervention.
To be considered ‘good practice’ as per the Australian Government Guide to Policy Impact Analysis, the IA would have included further analysis on the areas of disagreement from consultation and articulated an evaluation plan.
Regulatory burden
ACMA estimates the average annual regulatory costs of option 2 (additional to business as usual), under the Regulatory Burden Measurement framework would, result in an increase of $14.9 million per year, over ten years.