Submarine Cable Protection ACMA International Training Program 13 September 2006 Robyn Meikle, Manager

Overview of presentation New legislation Information about submarine cables ACMA’s new responsibilities Compliance and enforcement

National Bandwidth Inquiry 1999 Submarine cables carry 99% of Australia’s international voice and data traffic Recommended stronger protection and planning regime

Legislation Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and Other Measures) Act 2005 Relevant provisions comprise a new Schedule 3A to the Telecommunications Act 1997

Purpose of new legislation Ensure security of submarine cables –prohibit or restrict activities eg. dragging anchor, trawling, sand dredging Penalties as a disincentive to cause damage –highest penalty is $66,000 or 10 years imprisonment ($330,000 for a body corporate)

Submarine cable breakages 83% of breakages internationally occur at water depths less than 500 metres (65% at less than 100 metres depth) Eg.Trading ship dragged anchor off Sydney and broke Southern Cross cable and Tasman 1 in 2001 Eg.NSW trawl fishing broke Tasman 2 cable in 1997 Eg. Sand dredging broke SMW3

NameIn-serviceDestination Potential capacity AJC (Australia Japan Cable)2001Sydney, Australia – Japan640 Gb/s Southern Cross Cable (SX-1) (SX-2) 2000 Sydney, Australia – New Zealand – USA Sydney – Fiji - USA 480 Gb/s SEA-ME-WE31999 Perth, Australia – Indonesia – Singapore – Middle East – UK 40 Gb/s Key submarine cables in service

ACMA’s new responsibilities –Declaring protection zones (PZ) over cables of “national significance” –Varying or revoking a PZ –Issuing permits to install submarine cables in Australian waters (both in and outside PZ)

Protection zones ACMA is proposing PZs for three cables of national significance Activities that could damage cables are to be prohibited or restricted

PZ declaration process PZ proposals advertised for public comment Stakeholder consultation Advisory committee Environment Secretary consultation

ACMA to issue installation permits Carriers installing new submarine cables now need a permit from ACMA Overall policy objective is to promote co-location of cables in PZs

PZ offences – criminal penalties Person damages a cable in a PZ  10 years imprisonment or $66,000 Person engages in prohibited or restricted activity  5 years imprisonment or $33,000

Compliance and enforcement Australian Federal Police responsible for enforcement of criminal offences Carriers and others can take “private right of action” to seek damages from a person who causes damage to a cable in a PZ

For more information International Cable Protection Committee (ICPC)