Australian Communications Authority (Service Provider Determination) Direction 2004 (No. 1) (Cth)
Commonwealth of Australia
Australian Communications Authority Act 1997
Australian Communications Authority (Service Provider Determination)
Direction 2004 (No. 1)
I, DARYL ROBERT WILLIAMS, Minister for Communications, Information Technology and the Arts, make the following Direction under subsection 12(1) of the Australian Communications Authority Act 1997 (the Act) in relation to the performance by the Australian Communications Authority (ACA) of its functions and the exercise by the ACA of its powers under sections 6 and 9 of the Act.
Dated 13 April 2004
DARYL WILLIAMS
Minister for Communications, Information Technology and the Arts
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Name of Direction
This Direction is the Australian Communications Authority (Service Provider Determination) Direction 2004 (No. 1).
Commencement
This Direction commences on gazettal.
Revocation of the Australian Communications Authority (Service Provider Determination) Direction 2003 (No. 1)
The Australian Communications Authority (Service Provider Determination) Direction 2003 (No. 1) is revoked.
Definitions
In this Direction:
ACIF means the Australian Communications Industry Forum.
Act means the Telecommunications Act 1997.
carriage service has the same meaning as in the Act.
carriage service provider has the same meaning as in the Act.
content service has the same meaning as in the Act.
geographic number has the same meaning as in the Telecommunications Numbering Plan 1997.
industry body means a body or association that represents a particular section of the telecommunications industry.
international number means a number that includes an international access code.
premium service means:
(a) a carriage service or content service using a number with a prefix starting with ‘190’; or
(b) a carriage service used to supply:
(i) a content service; or
(ii) another service by way of a voice call (including a call that involves a recorded or synthetic voice);
using a number that includes an international access code; or
(c) another carriage service or content service determined in writing by the Minister for the purposes of paragraph 3.12(1)(c) of the Regulations.
Regulations means the Telecommunications Regulations 2001.
telecommunications industry has the same meaning as in the Act.
5 Service provider rules – 190 and international services
(1) The ACA must make a service provider determination as soon as practicable under section 99 of the Act in accordance with this Direction in relation to:
(a)the matter specified in paragraph 3.12(3)(d) of the Regulations; and
(b)the matters specified in regulation 3.11 of the Regulations to the extent that they relate to the matter specified in paragraph 3.12(3)(d) of the Regulations.
(2) The service provider determination must set out a rule requiring a carriage service provider to provide information to its customers about:
(a)the risks associated with those services covered by paragraphs (a) and (b) of the definition of premium service in clause 4; and
(b)the action that those customers can take to lessen the risk of unexpected high bills for those services.
(3) The rule mentioned in subclause (2) may specify a method or way in which the carriage service provider must provide the information mentioned in that subclause.
6 Service provider rules – Services determined by the Minister
(1) The ACA must make a further service provider determination as soon as practicable under section 99 of the Act in accordance with this Direction in relation to:
(a)the matter specified in paragraph 3.12(3)(d) of the Regulations; and
(b)the matters specified in regulation 3.11 of the Regulations to the extent that they relate to the matter specified in paragraph 3.12(3)(d) of the Regulations.
(2) The service provider determination must set out a rule requiring a carriage service provider to provide information to its customers about:
(a)the risks associated with those services covered by paragraph (c) of the definition of premium service in clause 4; and
(b)the action that those customers can take to lessen the risk of unexpected high bills for those services.
(3) The rule mentioned in subclause (2) may specify a method or way in which the carriage service provider must provide the information mentioned in that subclause.
7 Matters to be investigated, and reported on, by the ACA
The ACA must investigate and report to the Minister within 6 months after the commencement of this Direction on:
(a) actions taken by carriage service providers, either individually or through ACIF or other industry bodies, to address Internet dumping involving the use of geographic numbers or international numbers; and
(b) the appropriateness of a service provider determination being made under section 99 of the Act to require carriage service providers who provide access to international numbers to bar access to certain international numbers, or to a certain class or range of international numbers, used to provide premium services; and
(c) credit management measures that the telecommunications industry has in place or is developing to address unexpected high bills for carriage services or content services, including:
(i)a more comprehensive assessment of customers’ ability to pay bills in relation to the supply of carriage services or content services; and
(ii)the offering of credit or billing limits; and
(iii)the offering of options to bar access to higher cost services; and
(iv)so far as is practicable, the offering of caps on charges for certain categories of service, such as premium services or calls to international numbers; and
(v)so far as is practicable, the offering of a cap on the charge for an individual telephone call; and
(vi)more comprehensive monitoring of customers’ spending on carriage services or content services and measures to advise customers if their use of such services is unusually high; and
(vii)improved information to customers about the risk of unexpected high bills for carriage services or content services and actions that customers can take to lessen this risk; and
(viii)the offering of monthly or more frequent billing as an option; and
(d) the nature of plans developed by the telecommunications industry to implement the credit management measures specified in paragraph (c), including the implementation timetable; and
(e) whether the ACA considers that the action and commitment of the telecommunications industry to implement the credit management measures specified in paragraph (c) have been adequate; and
(f) any regulatory measures that may be desirable to ensure comprehensive and timely reform to address the problem of unexpected high bills for carriage services or content services.
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