78179 Telecommunications Law and Regulations
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particular session, location and mode of offering is the authoritative source
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Subject handbook information prior to 2017 is available in the Archives.
Credit points: 8 cp
Result type: Grade and marks
Requisite(s): ( 78100c Postgraduate Legal Research OR ((102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration)) OR 78203c Communications and Intellectual Property Law Overview )
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76019 Broadcasting and Telecommunications Regulation AND 78178 Telecommunications Law and Regulations
Description
As the National Broadband Network rolls out around Australia and television services make way for mobile broadband in high value spectrum bands, this subject offers students the opportunity to consider the crucial role of law and regulation in transforming Australia's communications environment.
A little over 20 years ago Australia was a country with one government-owned domestic telephone provider. To facilitate change, the legal framework had to accommodate a licensing system, a regime promoting access to infrastructure and services, and a suite of consumer protection measures, among other matters.
More recent challenges such as the implementation of a data retention scheme continue to involve government, industry and consumer groups in a complex, and at time fraught, regulatory partnership. While the sector is heavily regulated, much of the law is found in co-regulatory arrangements in which industry plays a major role in shaping the business environment.
This subject uses mostly industry specialists – those working for telecommunications providers, regulators, law firms or consumer groups – to guide students through the history and contemporary challenges of telecommunications law and regulation.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | demonstrate an advanced understanding of the law and policy relating to the Australian telecommunications regulatory framework, including the role of key stakeholders, as well as emerging issues and challenges in the sector; |
|---|---|
| 2. | demonstrate an advanced understanding of the broader contexts in which telecommunications law and policy operate and are informed, including theoretical, constitutional, ethical and international contexts; |
| 3. | critically analyse key aspects of the legal framework that regulate the telecommunications sector and evaluate their strengths and weaknesses as well as identify and analyse complex legal problems arising in that sector and generate appropriate responses; |
| 4. | communicate effectively, orally and in writing, in different contexts, information, concepts, ideas, views and arguments relating to telecommunications law and policy issues, as well as strategies relating to self-management and their review; |
| 5. | develop, implement and critically review appropriate self-management and life-long learning strategies, including initiating self-directed work and learning, judgment and responsibility, self-assessment of skills, appropriate use of feedback and a capacity to adapt to and embrace change. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0) - Communication and Collaboration
Effective and appropriate professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately (5.0) - Self management
A high level of autonomy, accountability and professionalism, the ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self assessment of skills, personal wellbeing and appropriate use of feedback and, a capacity to adapt to and embrace change (6.0)
Teaching and learning strategies
Strategy 1: lectures - where appropriate, to introduce topics and theoretical frameworks and provide background material that introduces students to complex issues and concepts.
Strategy 2: class discussions to provide an opportunity for students to critically explore, analyse and reflect on a range of relevant issues as well as to develop communications skills in different learning environments.
Strategy 3: independent study - and research, to extend and deepen knowledge and understanding of relevant issues as well as develop self-management skills. Students are expected to prepare for classes by reading set materials and/or engaging with online resources, as appropriate and come to class ready to participate in informed discussion about selected issues.
Strategy 4: blended learning - this subject will be supported in a variety of ways by UTSOnline (see below).
Strategy 5: assessments - designed to develop the graduate attributes targeted by this subject as well as fulfil the subject learning objectives.
UTSOnline will be used:
- to disseminate information about the subject,
- to provide soft copies of (some) subject materials,
- to clarify assignment and subject administration matters,
- to host various forums on the Discussion Board including: the ‘your questions about subject administration’ forum;
- and the ‘interesting new developments alert’ forum,
- for Assessment Task 2, Online Discussion,
- by the teaching team to communicate with students, and
- by students to run assignments through Turnitin for originality checking
Subject Delivery:
8 X 3hr classes. Classes will consist of a mix of lectures and class discussions
Content (topics)
- The Policy Context
- Communciations Technology
- Regulatory Structures
- Authorisation and Licensing
- Network Construction and Installation
- Spectrum Management
- Access and Interconnection
- Anti-competitive Conduct: Sector Specific Measures
- Universal Service
- Consumer Protection
Assessment
Assessment task 1: Online Discussion
| Objective(s): | This task addresses the following subject learning objectives: 4 and 5 This task contributes specifically to the development of the following graduate attributes: 5.0 and 6.0 |
|---|---|
| Weight: | 20% |
| Length: | 1100 words in total. |
| Criteria: | evidence of engagement with relevant and topical sources, reference to applicable law and regulation, critical review and evaluation of issues, style and expression. |
Assessment task 2: Class Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 3.0, 5.0 and 6.0 |
|---|---|
| Weight: | 15% |
| Length: | 750 words (notional) |
| Criteria: | Knowledge and understanding of relevant law/theory/policy; critical analysis and evaluation of issues and readings; willingness to contribute to class discussions in an informed way; oral and written communciations skills; cooperative group discussion skills; attendance. |
Assessment task 3: Major Essay Proposal
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 3.0, 5.0 and 6.0 |
|---|---|
| Weight: | 15% |
| Length: | 750 words (excluding footnotes and the source list). A10% deviation is permissible. |
| Criteria: | Nature of the essay question including its degree of refinement and significance; appropriateness of approach; identification of key issues; scope of interesting and relevant sources (primary and secondary, as relevant); style and expression; referencing in accordance with the Faculty’s preferred style (AGLC3). |
Assessment task 4: Major Essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 3.0, 5.0 and 6.0 |
|---|---|
| Weight: | 50% |
| Length: | 4,500 words (excluding footnotes and bibliography). A 10% deviation is permissible. |
| Criteria: | Nature of the essay question (including its sophistication and significance); sophistication and appropriateness of approach; development of a sustained thesis or argument addressing the essay question; knowledge and understanding of relevant law/theory/policy; critical analysis and evaluation of relevant issues including their identification and application of relevant law/theory/policy; scope of background reading (primary and secondary sources, as relevant) and engagement with relevant sources; structure and organisation; style and expression; referencing in accordance with the Faculty's preferred style (AGLC3). |
Required texts
Alasdair Grant and David Howarth (eds), Australian Telecommunications Regulation (CCH, 4th ed, 2012) ('Grant & Howarth').
The prescribed text will be supplemented with additional materials indicated in the Topic Papers available from UTSOnline. Some of these materials are available as e-Readings through UTS Library, but students are expected to access other materials themselves online as indicated.
Australian Guide to Legal Citation (Melbourne University Law Review Association, 3rd ed, 2010) (AGLC3). This work sets out the referencing style adopted by the Faculty.
A number of legislative acts and statutory instruments will be referred to throughout the subject, all of which are available from the Federal Register of Legisation (www.legislation.gov.au). The following legislation will be referred to most frequently:
Australian Communications and Media Authority Act 2005 (Cth)
Competition and Consumer Act 2010 (Cth)
National Broadband Network Companies Act 2011 (Cth)
Radiocommunications Act 1992 (Cth)
Telecommunications Act 1997 (Cth)
Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth)
Recommended texts
LexisNexis, Communications Law and Policy in Australia, Telecommunications Commentary. This source has commentary about the Australian regime.
Ian Walden (ed), Telecommunications Law and Regulation (Oxford University Press, 4th ed, 2012). It provides detailed information about the United Kingdom and European regulatory frameworks and the international regulatory regime governing the sector.
Annabel Z Dodd, The Essential Guide to Telecommunications (Prentice Hall, 5th ed, 2012). The text is written primarily for an American audience but it provides helpful and accessible explanations of the underlying technology used to provide communication services.
References
Michele Asprey, Plain Language for Lawyers (Federation Press, 4th ed, 2010)
Terry Hutchinson, Researching and Writing in Law (Thomson Reuters, 3rd ed, 2010).
UTS:LAW Student Guidebook (latest edition).
UTS:LAW Guide to Written Communication (latest edition).
UTS Assessment of Coursework Subjects: Policy and Procedures: www.gsu.uts.edu.au/policies/assessment-coursework.html.
Other resources
Journal articles:
Communications and Media Law Association, Communications Law Bulletin. The Bulletin regularly has articles on topics of current interest to the telecommunications sector.
Telecommunications Association, Australian Journal of Telecommunications and the Digital Economy (formerly Telecommunications Journal of Australia), http://telsoc.org/journal/contents.
Newspaper articles:
The Technology sections published in The Australian and The Australian Financial Review on Tuesdays in hard copy and online.
Some useful websites:
Australian Communications and Media Authority (ACMA): www.acma.gov.au
Australian Competition and Consumer Commission (ACCC): www.accc.gov.au
Australian Communications Consumer Action Network (ACCAN): www.accan.org.au
Australian Mobile Telecommunications Association (AMTA): www.amta.org.au
Communications Alliance Ltd: www.commsalliance.com.au
Department of Communications and the Arts: www.communications.gov.au
Office of the Privacy Commissioner (now part of the Office of the Australian Information Commissioner (OAIC)): www.oaic.gov.au
Telecommunications Industry Ombudsman (TIO): www.tio.com.au
