RECOMMENDATIONS

Consideration of the Telstra (Dilution of Public Ownership) Bill 1996
CONTENTS

RECOMMENDATIONS

RECOMMENDATION 1:

The Committee recommends Telstra remain in full public ownership.

RECOMMENDATION 2:

The Committee recommends the Telstra (Dilution of Public Ownership) Bill 1996 be divided into two bills:one concerning the proposed sale; the other concerning the Customer Service Guarantee.

RECOMMENDATION 3:

The Committee recommends Telstra not be structurally separated.

RECOMMENDATION 4:

The Committee recommends that if the Parliament passes the Bill, contrary to the recommendations of this report, the Section 9 power of the Minister to direct the Telstra Board in the public interest be retained.

RECOMMENDATION 5:

The Committee recommends the environment programs of the Government be funded from recurrent expenditure or a proportion of Telstra's profits, not from the partial sale of Telstra.

RECOMMENDATION 6:

The Committee recommends the continuation of the current industry development arrangements, noting the importance of sustaining an export oriented manufacturing sector to offset imports of telecommunications technologies. The Committee notes the likelihood that the that the value of such arrangements will be substantially eroded if Telstra is privatised.

RECOMMENDATION 7:

The Committee recommends the Telecommunications Industry Development Authority be retained and its monitoring arrangements be strengthened.

RECOMMENDATION 8:

The Committee recommends the commitment of Telstra to strategic research and research sponsorship be retained.

RECOMMENDATION 9:

The Committee recommends the Government closely monitor Telstra management's handling of the Telstra Research Laboratories with an eye to the fact that they are a national asset, built up through national savings, which provide a pivotal and strategic role in Australia's intellectual infrastructure.

RECOMMENDATION 10:

The Committee recommends Telstra be retained in full public ownership to ensure that it may continue the nation building role which it has fulfilled to date, not only in the delivery of services but in the stimulus its presence as an employer has given to regional economic development.

RECOMMENDATION 11:

The Committee recommends the public interest in creating and retaining employment in Australia, especially in regional areas, be given due weight in Telstra's organisational decisions. The Committee opposes decisions which would see Telstra's operations relocated offshore in the name of “efficiency”.

RECOMMENDATION 12:

The Committee recommends that Telstra's employment levels be determined on the basis of operational needs, rather than on “headcount” targets.

RECOMMENDATION 13:

The Committee recommends Telstra operations be resourced up to a level which allows for ongoing improvement in customer service quality.

RECOMMENDATION 14:

The Committee recommends the Standard Telephone Service Review Group consider an immediate upgrade of the standard telephone service to a 64 kbps service.

RECOMMENDATION 15:

The Committee recommends regular reviews of the Universal Service Obligation be guaranteed in legislation.

RECOMMENDATION 16:

The Committee recommends the provision of high quality telecommunications services to rural and remote areas be made available through a publicly-owned Telstra as a high priority.

RECOMMENDATION 17:

The Committee recommends provision of new technologies to people with special needs be included as part of the Universal Service Obligation.

RECOMMENDATION 18:

The Committee recommends the Universal Service Obligation continue to be funded by the carriers rather than from consolidated revenue.

RECOMMENDATION 19:

The Committee recommends mandatory registration of service providers be introduced as part of the post-1997 environment.

RECOMMENDATION 20:

The Committee recommends the Government confirm that critical issues of consumer concern, especially privacy, be handled through legislation and not through codes of practice.

RECOMMENDATION 21:

The Committee recommends that prior to enacting legislation to introduce the Customer Service Guarantee, the Government should establish a working party including representatives of each of the carriers, the Telecommunications Industry Ombudsman, AUSTEL, Australian Telecommunications User Group, Consumers' Telecommunications Network, the Australian Consumers' Association and the Communications Law Centre, for the purpose of formulating more satisfactory legislative provisions concerning the Customer Service Guarantee. The working party should include the following in its considerations:

RECOMMENDATION 22:

The Committee recommends codes of practice for consumer protection be mandatory for all carriers and service providers.

RECOMMENDATION 23:

The Committee recommends legislation be drafted to provide for consumer representation on a full voting basis, at all stages of development of codes of practice.

RECOMMENDATION 24:

The Committee recommends time limits be clearly set out for the development of codes of practice. These time limits should allow for adequate public input and consumer consultation. As a minimum, all codes should be finalised and approved by AUSTEL by 1 July 1997. Otherwise, AUSTEL should be empowered to immediately intervene and develop codes.

RECOMMENDATION 25:

The Committee recommends AUSTEL, and its successor, the Australian Communications Authority, be given additional arbitration powers and take a more proactive role in monitoring the effects of cable rollouts.

RECOMMENDATION 26:

The Committee recommends the new Telecommunications National Code be established as soon as possible, based on the principle recommended by this Committee, that carriers will no longer be exempt from State, Territory and local government legislation.

RECOMMENDATION 27:

The Committee recommends Part 7 of the Telecommunications Act be amended as soon as possible to remove carriers' exemptions from State, Territory and local government environment and planning laws.

RECOMMENDATION 28:

The Committee recommends, as part of the new Telecommunications National Code, under which carriers are no longer granted exemptions, carriers be required to provide local councils with earlier advice on rollout timetables, to provide sufficient detail of programs to allow proper assessment of impacts, coordination of works, and community consultation.

RECOMMENDATION 29:

The Committee recommends it be made mandatory that the removal of obsolete cabling be at the cost of the installing carrier.

RECOMMENDATION 30:

The Committee recommends the Government urgently review the strategy of allowing dual Hybrid Optical Fibre/Coaxial cable rollout, particularly having regard to evidence that such networks will be obsolete within a decade.

RECOMMENDATION 31:

The Committee recommends the Government develop a long-term national program to relocate all existing overhead cables in Australia underground.

RECOMMENDATION 32:

The Committee recommends the Government legislate for all future cable installations to be underground.

RECOMMENDATION 33:

The Committee recommends the Government immediately take action to ensure the carriers enter into negotiations with a view to arriving at an arrangement whereby the carriers in future combine their competing broadband cable systems into one national network.

RECOMMENDATION 34:

The Committee recommends as a minimum, co-location of cables be mandated wherever it is technically feasible.

RECOMMENDATION 35:

The Committee recommends that a levy be raised from telecommunications and other industry contributors responsible for electromagnetic radiation (EMR) emissions to finance independent research into public health issues concerning EMR.

RECOMMENDATION 36:

The Committee recommends that no further mobile phone towers and bases be constructed in proximity to kindergartens, schools and hospitals, and in any location where people may be at risk from long-term exposure to electromagnetic radiation (EMR), until further research is undertaken that shows there is no risk to public health.

RECOMMENDATION 37:

The Committee recommends if, contrary to the recommendations of this Committee, the Parliament passes legislation to sell one-third of Telstra, the sale should be delayed until December 1998 at the earliest or at least 18 months after the post-1997 regulatory arrangements are in place.