Scott V. Telstra: A Watershed in Australian Telecommunication Policy

Abstract

In Australia, the Universal Service Obligation (USO) operates as a legislative mechanism that guarantees the right of all Australians to access a standard telephone service wherever they reside. In 1997, special provisions for people with severe hearing impairment were added to telecommunication legislation. The Telecommunications Act 1997 included a specific reference to teletypewriters (TTYs), including them as an addition to the definition of the Universal Service Obligation (USO) as the result of the outcome from a public inquiry held in 1995. The inquiry, subsequently referred to as Scott v. Telstra, is a case study illustrating the collision of two separate pieces of federal legislation and the paradigms that formed them. Furthermore, both the inquiry and subsequent revision of definitions of a standard telephone service illustrate the complexity of planning telecommunication policy for equitable social outcomes. Specifically, further questions are raised surrounding the role of universal service in changing technological and competitive environments.

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