Telecommunications (Customer Service Guarantee) Amendment Standard 2001 (No. 1) (Cth)

Telecommunications (Customer Service Guarantee) Amendment Standard 2001 (No. 1)

The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Standard under paragraph 125 (3) (a) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Dated 20 September 2001

A J SHAW
Chair

R HORTON

Deputy Chair

Australian Communications Authority

1. Name of Standard

This Standard is the Telecommunications (Customer Service Guarantee) Amendment Standard 2001 (No. 1).

1. Commencement

This Standard commences on gazettal.

1. Amendment of Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2)

Schedule 1 amends the Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2).

Schedule 1          Amendments

(section 3)

1. Subsection 4 (1), after definition of affected customer

insert

alternative service means a service that provides a customer with access to a telephone service.

Note   An example of an alternative service is a call diversion to a mobile telephone service or a second fixed telephone service.

1. Subsection 4 (1), definition of CSG service

omit

paragraph 19 (1) (a)

insert

paragraph 9 (1) (a)

1. Subsection 4 (1), definition of CSG service, note

omit

paragraph 19 (1) (a)

insert

paragraph 9 (1) (a)

1. Subsection 4 (1), definition of designated basic rate ISDN service

omit

subsection 12A (4)

insert

subsection 10E (4)

1. Subsection 4 (1), definition of interim service

substitute

interim service means a service:

(a)that provides a customer with:

(i)a service for voice telephony; or

(ii)if voice telephony is not practical for a customer with a disability ¾ a service equivalent to a service for voice telephony;

which may or may not include at the provider’s discretion a data capability or any enhanced call handling feature; and

(b)for which that customer is, or may be, charged an amount for the ongoing supply of that service at the location requested by the customer that does not exceed the amount that the customer would have been charged if the customer were supplied with a CSG service on request; and

(c)that is supplied to a customer:

(i)if the location requested by the customer is a remote location without infrastructure and the supply of the service is no later than 14 April 2003:

(A)for a period that does not exceed 12 months from the time of the customer’s request for the connection of a standard telephone service; or

(B)with the agreement of the customer, for a longer period; or

(ii)in any other case:

(A)for a period that does not exceed 6 months from the time of the customer’s request for the connection of a standard telephone service; or

(B)with the agreement of the customer, for a longer period.

Example of provision of an interim service

Provision of a mobile telephone service (at standard telephone service rates) to replace a standard telephone service.

1. Subsection 4 (1), after definition of rectification period

insert

remote location without infrastructure means:

(a)a site outside a standard zone that:

(i)is not in close proximity to external plant facilities (being facilities used in the supply of a telephone service); or

(ii)is in close proximity to such facilities, where the facilities needed to supply the service do not have sufficient available capacity to support the service requested by the customer at the time of the request; or

(b)a site that is within a standard zone (but not within an urban centre or a locality or other recognised community grouping with a population equal to or greater than 200 people) that:

(i)is not in close proximity to external plant facilities (being facilities used in the supply of a telephone service); or

(ii)is in close proximity to such facilities, where the facilities needed to supply the service do not have sufficient available capacity to support the service requested by the customer at the time of the request.

Note   Information about the current method of delimitation of urban centres and localities, and a listing of current urban centres and localities, may be found in the Australian Bureau of Statistics publication Statistical Geography: Volume 3 - Australian Standard Geographical Classification (ASGC) Urban Centres/Localities, 1996 Cat. No. 2909.0.

1. Subsection 4 (1), after definition of specified service

insert

standard zone has the same meaning as in section 108 of the Act.

1. Subsection 4 (1), note 1

omit

·approved universal service plan

insert the following defined terms in the appropriate alphabetical positions (determined on a letter-by-letter basis)

·approved standard marketing plan

·primary universal service provider

·service obligation

·universal service area

1. Subsections 8 (1) and (2)

substitute

(1)A performance standard does not apply where:

(a)a carriage service provider has made a reasonable offer to supply the customer with an interim service or an alternative service, and the customer has refused to accept the supply of the interim service or alternative service; or

(b)a carriage service provider offers a customer an interim service and an alternative service, and:

(i)in making this offer, the carriage service provider supplies sufficient information to the customer about the functionality of each service and the terms and conditions of supply of each service to enable the customer to make an informed judgement about the relative merits of each service; and

(ii)the customer accepts the offer of an alternative service.

Note   The ACA may make a written determination stating what is a reasonable offer of an interim service or an alternative service for paragraph (1) (a), and a written determination stating what is sufficient information for paragraph (1) (b).

(2)In relation to the period beginning at the commencement of this instrument and ending on 14 April 2003, a carriage service provider must not, in the absence of the agreement of a customer in a remote location without infrastructure, supply the customer with an interim service for a period exceeding 12 months from the time of the customer’s request for the connection of a standard telephone service.

1. After subsection 8 (3)

insert

(4)A carriage service provider must not:

(a)if subsection (2) does not apply; and

(b)without the agreement of a customer;

supply the customer with an interim service for a period exceeding 6 months from the time of the customer’s request for the connection of a standard telephone service.

1. Subsection 9 (2)

omit

approved universal service plan for the area

insert

approved standard marketing plan for a primary universal service provider for the universal service area in respect of a service obligation

1. Schedule 1, Part 2, paragraph 202 (b)

omit

urban centre, locality

insert

urban centre

1. Schedule 1, Part 2, paragraphs 202 (c) and (d)

substitute

(c)if the site at which a customer wishes a specified service to be connected is within an urban centre, locality or other recognised community grouping with a population greater than 200 but not more than 2 500 ¾ within 15 working days of the customer’s request; and

(d)if paragraphs (a), (b) and (c ) do not apply to the site at which a customer wishes a specified service to be connected ¾ within 15 working days of the customer’s request.