telco

The use of IRUs in a telecommunications capacity

Indefeasible rights of use agreements (IRU’s) are commonly used in telecommunications agreements for the supply of cable system capacity services.  IRU’s have specific tax treatment under section 995.1 of the Income Tax Assessment Act 1997 (Cth) and are treated as capital expenditure for suppliers and customers.  Tax considerations play a central role in structuring IRU’s. Below, we set out the key areas an IRU must cover to be tax compliant. [Read more…]

Telco reseller agreements – legal issues

There are over 800 carriage service providers (CSPs) in Australia. CSPs that do not also have a carrier licence buy network services from carriers. Each network service offered by carriers has its own set of flow down terms that must be passed down into the CSPs end user standard form of service agreement (SFA). In this article, we consider the key legal issues when entering into a reseller agreement with network service providers and the impact on the SFA. [Read more…]

What is in a network access agreement?

Network access agreements are agreements between licenced carriers in which a carrier (First Carrier) gives another carrier (Second Carrier) access to its network, which the Second Carrier can then access to provide telecommunications services to end customers or other wholesale carriers.   Below we set out the key considerations, carriers need to cover in their network access agreements. [Read more…]

Standard form telecommunications services agreements

Too often carriage service providers neglect to ensure that their standard form of service agreement (SFA’s) comply with the telecommunications law regulatory regime.   This can lead to consumer complaints to the Telecommunications Industry Ombudsman (TIO) and orders for compensation to be paid to the Consumer and fines.   Below we set out some of the key requirements that need to be complied with for carriage service providers comply with the telecommunications law. [Read more…]

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