Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 4 of 2002) (Cth)
Commonwealth of Australia
Telecommunications Act 1997
Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997
(Amendment No. 4 of 2002)
I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, Information Technology and the Arts, make the following Declaration under subsection 63(5) of the Telecommunications Act 1997.
Dated 3 December 2002.
RICHARD ALSTON
Minister for Communications, Information Technology and the Arts
_________________________________________________________
Name of Declaration
This Declaration is the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 4 of 2002).
Commencement
This Declaration commences on gazettal.
3 Amendment of the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997
Schedule 1 amends the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997.
Schedule 1 Amendment
(clause 3)
[1] After clause 23
insert
Network Reliability Framework – Definitions
24. In this clause and in clauses 25, 26 and 27:
ACA’s Report on USO Service Reliability means the report of the ACA entitled ACA monitoring and reporting framework for USO service reliability that was released publicly on 16 July 2002.
CSG service has the same meaning as in the Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2) when provided to a customer of the licensee but does not include a service the supply of which by the licensee is exempt from compliance with performance standards under section 19 of that Standard.
customer means a customer of the licensee but does not include a carrier or a carriage service provider.
ESA means a Telstra Exchange Service Area specified in Attachment 7A to the Telstra Public Switched Telephone Service (PSTS) Section of the document known as the Telstra Standard Form of Agreement as in force or existing from time to time.
fault or service difficulty, in relation to a CSG service, has the same meaning as in the Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2).
FSA means:
(a) an area that the licensee treated as a Field Service Area as at 21 November 2002; or
(b) another area as agreed in writing between the licensee and the ACA from time to time.
geographical locator, in relation to:
(a)a CSG service, means the location of the service in the licensee’s database sufficient to direct service staff of the licensee to the location of the service; and
(b)an ESA, means the ESA-code.
quarter means a period of 3 months ending on 30 September, 31 December, 31 March or 30 June.
remediation means work done in relation to a CSG service over and above that normally undertaken to repair a fault or service difficulty with a view to:
(a)addressing systemic problems with the CSG service (for example, the root cause of recurrent problems) and improving the overall reliability of the CSG service; and
(b)eliminating recurrent faults or service difficulties.
Monitoring and reporting at the Field Service Area (FSA) level
25. (1) The licensee must, within 10 working days of the end of each calendar month, or such other timeframe as the ACA agrees in writing, provide a report and supporting data to the ACA on:
(a)the percentage of CSG services in each FSA and nationally without any faults or service difficulties for the preceding calendar month; and
(b)the average availability of CSG services, as a percentage of total possible available time, in each FSA and nationally for the preceding calendar month.
(2)The licensee must:
(a)publish the information mentioned in subclause (1) within 20 working days of the end of each calendar month or such other timeframe as the ACA agrees in writing; and
(b)provide the information mentioned in subclause (1) to the ACA for publication by the ACA if the ACA wishes to do so.
(3) The licensee must implement procedures to enable compliance with this clause as soon as practicable but in any event no later than 1 January 2003. The licensee’s first report under this clause must cover the month of January 2003.
Note: The monitoring, remediation and reporting requirements in relation to FSAs are based on section 5.5.1 of the ACA’s Report on USO Service Reliability.
Monitoring, remediation and reporting at the Exchange Service Area (ESA) level
26. (1) The licensee must, within 15 working days of the end of each calendar month, or such other timeframe as the ACA agrees in writing, provide the ACA with the following information in relation to the licensee’s performance within that calendar month:
(a)the name of each ESA in which ‘x’ CSG services had at least 1 fault or service difficulty in each of the 2 preceding calendar months; and
(b)the number of CSG services in operation in the ESA on the first day of the calendar month; and
(c)the geographical locator of the ESA; and
(d)the name of the FSA in which the ESA lies; and
(e)the number of CSG services that experienced at least 1 fault or service difficulty in each of the 2 preceding calendar months in each ESA identified in paragraph (a); and
(f)unless the ACA otherwise agrees in writing:
(i) the telephone number, or such other unique identifier as the ACA agrees in writing, for each CSG service that has experienced at least 1 fault or service difficulty in each of the 2 preceding calendar months in each ESA identified under paragraph (a); and
(ii) the nature of the faults or service difficulties and the dates on which they were reported; and
(iii) any remediation action taken to date; and
(iv) any proposed remediation action.
(2) For the purposes of subclause (1), ‘x’ has the following value:
(a) where the ESA has 1 to 100 CSG services—2 or more;
(b) where the ESA has 101 to 1,000 CSG services—3 or more;
(c) where the ESA has 1,001 to 10,000 CSG services—4 or more;
(d) where the ESA has 10,001 or more CSG services—5 or more.
(3) The licensee must provide the ACA with such further information as the ACA requests, in writing, within 15 working days of the ACA’s request or such other timeframe as the ACA agrees in writing.
(4) Where the ACA, after consultation with the licensee, notifies the licensee in writing of the reasons why the licensee should undertake remediation action to reduce the occurrence of faults or service difficulties in all or part of that ESA, the licensee must provide to the ACA within 20 working days, or such other timeframe as the ACA agrees in writing, a plan, including timeframes, for the remediation of the ESA or part of the ESA in accordance with the ACA’s notice.
(5) Where the licensee provides the ACA with a remediation plan under subclause (4), the licensee must demonstrate to the ACA’s satisfaction that all remediation work has been completed as specified in the plan and within the timeframe specified in the plan or such other timeframe as the ACA agrees in writing.
(6) The licensee must report to the ACA within 15 working days after the end of each quarter, or within such other timeframe as the ACA agrees in writing, on the subsequent occurrence of faults or service difficulties in relation to each ESA or part of an ESA that is remedied under this clause for 12 months from the date the remediation was completed or such other period as the ACA agrees in writing.
(7) The ACA, following consultation with the licensee, may give the licensee a written request to give the ACA a further report on the matters mentioned in subclause (6) for an additional period not exceeding 12 months.
(8) The licensee must comply with a request under subclause (7).
(9) The licensee must provide information to the ACA each quarter, or within such other timeframe as the ACA agrees in writing, for publication by the ACA at its discretion (taking into account any views of the licensee concerning the publication of the information) where the remediation action proposed by the licensee under subclause (4) in relation to the ESA or part of an ESA has not been undertaken in accordance with the proposal or within the timeframe specified in the proposal.
(10) The licensee must implement procedures to enable compliance with this clause as soon as practicable but in any event no later than 1 January 2003. The licensee’s first report to the ACA under this clause must cover the months of January and February 2003.
Note: The monitoring, remediation and reporting requirements in relation to ESAs are based on sections 5.5.2 and 5.6 of the ACA’s Report on USO Service Reliability.
Monitoring, prevention, remediation and reporting at the CSG service level
27. (1) The licensee must take such reasonable action as is necessary to prevent a CSG service from experiencing more than 3 faults or service difficulties in a rolling 60 calendar day period.
(2) The licensee must take such reasonable action as is necessary to prevent a CSG service from experiencing more than 4 faults or service difficulties in a rolling 365 calendar day period.
(3) In a case where a CSG service experiences more than 3 faults or service difficulties in a rolling 60 calendar day period or more than 4 faults or service difficulties in a rolling 365 calendar day period, the licensee must investigate the performance of the CSG service and undertake such remediation of the service as is necessary.
(4) In a case where a CSG service experiences more than 3 faults or service difficulties in a rolling 60 calendar day period or more than 4 faults or service difficulties in a rolling 365 calendar day period, the licensee must report the matter to the ACA within 15 working days after the contravention has occurred, or such other timeframe as the ACA agrees in writing, providing the following details:
(a)the telephone number, or such other unique identifier as the ACA agrees in writing, of the CSG service; and
(b)the geographical locator of the CSG service; and
(c)the ESA and FSA to which the CSG service relates; and
(d)the history of faults or service difficulties in relation to the CSG service over the 12 months prior to the end of the relevant period; and
(e)any action taken by the licensee to prevent the occurrence of the faults or service difficulties; and
(f)the licensee’s conclusion as to the underlying cause of the faults or service difficulties, and the licensee’s reasons for reaching this conclusion; and
(g)such results as are available at the reporting date of the licensee’s investigation under subclause (3); and
(h)any action taken by the licensee to remedy the faults or service difficulties concerned; and
(i)the action the licensee proposes to take to remedy the CSG service; and
(j)the proposed timeframe for remediation of the CSG service and supporting reasons for the timeframe specified.
Note: The information that the licensee is to provide under this subclause is not limited to information specific to the access line on which the fault or service difficulty occurs, but may include information on other parts of the network that may cause faults or service difficulties on that access line if the ACA, following consultation with the licensee, considers that that information is relevant.
(5) The ACA may request the licensee, in writing, to give the ACA, within 15 working days, or such other timeframe as the ACA agrees in writing, further information about the report.
(6) After considering the licensee’s proposed remediation action under paragraphs (4)(i) and (j), the ACA may agree, or refuse to agree, to the action.
(7) If the ACA neither agrees, nor refuses to agree, to the proposed remediation action before whichever of the following periods is applicable:
(a)if the ACA did not give a request under subclause (5) in relation to the proposed remediation action—the period of 10 working days after the day on which the ACA received the licensee’s report under subclause (4);
(b)if the ACA gave a request under subclause (5) in relation to the proposed remediation action¾the period of 10 working days after the day on which the request was complied with;
the ACA is taken, at the end of that period, to have agreed to the proposed remediation action.
(8) If the ACA refuses to agree to the proposed remediation action, the ACA must give written notice of the refusal to the licensee, together with the ACA’s reasons for the refusal.
(9) If the ACA notifies the licensee under subclause (8), the licensee must:
(a) review the proposed remediation action with a view to addressing the ACA’s concerns; and
(b) submit a revised proposal for remediation to the ACA within 10 working days after receiving the ACA’s notice under subclause (8), or such other timeframe as the ACA agrees in writing.
(10) If the licensee submits a revised proposal as mentioned in paragraph (9)(b), subclauses (6), (7) and (8) apply to the revised proposal in the same way as they apply to the original proposal for remediation action.
(11) The licensee must complete the remediation to which the ACA has agreed, or to which the ACA is taken to have agreed under subclause (7), and demonstrate to the ACA’s satisfaction that the agreed remediation has been completed within the timeframes specified in the agreed remediation plan or such other timeframes as the ACA agrees in writing.
(12) Within 15 working days after the end of each quarter, or within such other timeframe as the ACA agrees in writing, the licensee must provide information to the ACA under this clause for publication by the ACA at its discretion (taking into account any views of the licensee concerning publication of the information) where the remediation action to which the ACA has agreed, or to which the ACA is taken to have agreed under subclause (7), has not been undertaken within the agreed timeframe.
(13) Within 15 working days after the end of each quarter, or within such other timeframe as the ACA agrees in writing, the licensee must report to the ACA on the subsequent occurrence of all faults or service difficulties in relation to each CSG service that is remedied under this clause for 12 months subsequent to the remediation action being undertaken, or such other period as the ACA agrees in writing.
(14) The ACA, following consultation with the licensee, may give the licensee a written request to give the ACA a further report on the matters mentioned in subclause (13) for an additional period not exceeding 12 months.
(15) The licensee must comply with a request under subclause (14).
(16) The licensee must implement procedures to enable compliance with this clause as soon as practicable but in any event by no later than 1 January 2003.
Note: The monitoring, prevention, remediation and reporting requirements in relation to CSG services are based on sections 5.5.3 and 5.6 of the ACA’s Report on USO Service Reliability.
Methodologies
28. The licensee must develop the methodologies for preparing and verifying data for the purposes of clauses 25, 26 and 27 in consultation with the ACA.
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