ACMA Uses Its New Enforcement Powers To Accept Enforceable Undertakings

On 13 February 2007, the Australian Communications and Media Authority (ACMA) accepted several enforceable undertakings from parties who are recapitalising media assets held by Publishing and Broadcasting Ltd and Seven Network Ltd. This was possible as a result of ACMA’s new enforcement powers under the Communications Legislation Amendment (Enforcement Powers) Act 2006.

Both sets of enforceable undertakings provide that the foreign entities involved will not breach the current prohibitions on foreign control of commercial television licences. The enforceable undertakings replace deeds that the parties agreed with ACMA, in December 2006.

As required, each party has submitted a confidential report on its compliance with the terms of its undertakings to ACMA.

The agreed deeds can be accessed on the ACMA website.

ACIF Publishes Revised Calling Number Display Industry Code

On 20 February 2007, the Australian Communications Industry Forum (ACIF) published a revised version of the Calling Number Display Industry Code ACIF C522:2007 (Code), which replaces the code previously published in February 2003. The Code addresses privacy issues raised by Calling Line Identification (CLI) and Calling Number/Name Display (CND).

The 2007 revision of the Code involves the following changes:

  • allowing suppliers more flexibility in the means of blocking or enabling CND information
  • providing more clarity on uses of CLI by Carriage Service Providers
  • standardising the terms used
  • catering for the impact of new technologies
  • removing the CND Guidelines, since these are addressed in the Privacy Act 1988, Spam Act 2003 and Do Not Call Register Act 2006
  • recognising that some Voice Over the Internet Protocol (VoIP) providers may be technically unable to block CND and that these VoIP providers should notify the customer.

The Code is available at the ACIF website.

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