Telecommunications (Emergency Call Service) Amendment Determination 2005 (No. 1) (Cth)
Telecommunications (Emergency Call Service) Amendment Determination 2005 (No. 1)
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under subsection 147 (1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
Dated 15 June 2005
A. HORSLEY
Chair
G.W. LUTHER
Member
Australian Communications Authority
Name of Determination
This Determination is the Telecommunications (Emergency Call Service) Amendment Determination 2005 (No. 1).
Commencement
This Determination commences on the day after it is registered.
Amendment of Telecommunications (Emergency Call Service) Determination 2002
Schedule 1 amends the Telecommunications (Emergency Call Service) Determination 2002.
Schedule 1 Amendments
(section 3)
[1] Subsection 8 (2), after example 4
insert
5 Arrangements to ensure that calls using a satellite service that are transferred to an Australian-based terrestrial network are delivered to a point on that network or, if necessary, another network, where the calls can be answered by the relevant emergency call person.
[2] After subsection 10 (2)
insert
(2A) The provider must give an end-user of the service access to the emergency call service operated by the emergency call person for 000 and 112 if:
(a) the end-user uses the emergency service number 000 on a satellite service and the call is transferred to an Australian-based terrestrial network; or
(b) the end-user uses the emergency service number 112 on a satellite service, and the customer equipment used to provide the satellite service is capable of being used to access a public mobile telecommunications service that uses GSM technology, and the call is transferred to an Australian-based terrestrial network.
[3] After subsection 10 (5), including the note
insert
(5A) The provider must give the end-user access to the emergency call service operated by the emergency call person for 106 if:
(a) the end-user uses the emergency service number 106 on a satellite service that is technically capable of supporting a call using that emergency service number; and
(b) the call is transferred to an Australian-based terrestrial network.
[4] After subsection 10 (6)
insert
(7) However, a provider is not required to give an end-user access to an emergency call service if the provider’s technical ability to give the end-user access to the emergency call service is affected by a matter beyond the control of the provider.
Examples of matters that are beyond the control of a provider and may affect the provider’s ability to give an end-user access to an emergency call service include:
· Failure of customer equipment or network equipment at the end-user’s premises because of a mains power outage, interference with or misuse of customer equipment or network equipment by end-users or wear and tear.
· Failure of in-building wiring because of physical damage at the end-user’s premises.
· Failure of an access line because of damage or interference caused by a third party or by environmental factors.
· Failure due to E000 service being barred on the CPE by an end user.
[5] Section 11
omit
[6] After subsection 12 (3), including the notes
insert
(4) For a call:
(a) that is not:
(i) an emergency call; or
(ii) a call mentioned in subsection (2A); or
(iii) a Caller No Response Call; and
(b) in which the end-user asks to be connected to, or indicates in another way that the end-user wishes to be connected to, a person or organisation that cannot be contacted through the emergency call service;
the person receiving the call is taken to have complied with this section if the person connects the end-user to a pre-recorded announcement that tells the end-user how to obtain a telephone number to contact the person or organisation.
Note 1 An emergency call person can only connect an end-user to an emergency service organisation — see the definition of emergency call service in section 7 of the Telecommunications Act 1997 and the definition of emergency service organisation in subsection 147 (11) of the Act. The definition of emergency service organisation includes a police force or service, a fire service or an ambulance service.
Note 2 A pre-recorded announcement for subsection (4) should explain that the person or organisation cannot be contacted through the emergency call service, and should tell the end-user how to obtain a telephone number to contact the person or organisation.
[7] Paragraph 16 (2) (a)
omit
section 17 or 18
insert
section 17, 18 or 18A
[8] Subsection 17 (1)
omit
, in the State or Territory in which the call originated,
[9] Subsection 18 (4)
omit
[10] Subsection 18 (5), note
substitute
Note Under subsection 8 (2), a carriage service provider must not supply a standard emergency telephone service unless the provider has arrangements, in writing, for dealing with emergency calls using the service. An arrangement to ensure that the call is delivered to the point by another network is an example of an arrangement.
[11] After section 18
insert
18A Carrying emergency calls to answering points: satellite services
(1) This section applies to a carriage service provider that provides a satellite service.
(2) The provider must, for an emergency call made on a satellite service by an end-user using the emergency service number 000 or 112 that is transferred to an Australian-based terrestrial network, ensure that the call is carried to a point reasonably specified by the emergency call person for 000 and 112.
(3) The provider must, for an emergency call made on a satellite service by an end-user using the emergency service number 106 that is transferred to an Australian-based terrestrial network, ensure that the call is carried to a point reasonably specified by the emergency call person for 106.
(4) However, if the provider’s network does not allow the call to be delivered directly to the point, or to another point where it can be answered by the relevant emergency call person, the provider must, for an emergency call made on a satellite service by an end-user that is transferred to an Australian-based terrestrial network, ensure that the call is delivered to the point by another network.
Note Under subsection 8 (2), a carriage service provider must not supply a standard emergency telephone service unless the provider has arrangements, in writing, for dealing with emergency calls using the service. An arrangement to ensure that the call is delivered to the point by another network is an example of an arrangement.
18B Calls with additional digits
(1) This section applies if:
(a) an end-user dials at least 1 digit after dialling an emergency service number using a public mobile telecommunications service; or
(b) an end-user dials at least 2 digits after dialling an emergency service number using a fixed local service.
(2) A carriage service provider:
(a) is not required to treat the call as an emergency call; and
(b) is not required to connect the call to an emergency call person; and
(c) may connect the call to a pre-recorded announcement for the purpose of advising the caller to check the number.
[12] Subsection 19 (2), notes
substitute
Note 1 The document known as ACIF C536:2003, or Emergency Call Services Requirements, prepared by the Australian Communications Industry Forum, contains practical information to assist carriage service providers to meet their obligations under this Determination.
Note 2 The Australian Communications Industry Forum represents the telecommunications industry for the purposes of Part 6 of the Telecommunications Act 1997.
Note 3 ACIF C536:2003, or Emergency Call Services Requirements, is available from the Australian Communications Industry Forum.
[13] Subsection 20 (2)
substitute
(2)The emergency call person must ensure that, for each month that it receives calls using the emergency service number 000 or 112:
(a) 85% of calls using the emergency service number 000 or 112 are answered by a call-taker within 5 seconds after the call reaches the emergency call person’s answering point; and
(b) 95% of those calls are answered by a call-taker within 10 seconds after the call reaches the emergency call person’s answering point.
[14] Paragraph 30 (2) (a)
before
112
insert
000 or
[15] Subsection 30 (2), note
substitute
Note Although all GSM mobile phones are capable of allowing calls to be made to the 112 emergency service number when there is no SIM card in the handset, only certain mobile phones allow the 000 emergency service number to be dialled when there is no SIM card in the handset.
[16] Subsection 30 (4), including the note
substitute
(4) If an emergency call is made to the emergency service number 000, 112 or 106 using a public mobile telecommunications service or a satellite service, the carriage service provider must give the relevant emergency call person relevant information that is available about the caller’s approximate location in accordance with the document:
(a) known as ACIF G530:1999, or Mobile Location Indicator for Emergency Services — Stage 1 Service Description Interim Mobile Location Indicator, as in force from time to time; and
(b) prepared by the Australian Communications Industry Forum.
Note 1 The Australian Communications Industry Forum represents the telecommunications industry for the purposes of Part 6 of the Telecommunications Act 1997.
Note 2 For calls originating from satellite services, relevant information about the caller’s approximate location will be provided only if it is technically possible to do so — see clause 6.4.1 of ACIF G530:1999, or Mobile Location Indicator for Emergency Services — Stage 1 Service Description Interim Mobile Location Indicator.
Note 3 ACIF G530:1999, or Mobile Location Indicator for Emergency Services — Stage 1 Service Description Interim Mobile Location Indicator, is available from the Australian Communications Industry Forum.
(5) If an emergency call is made to the emergency service number 000, 112 or 106 using a fixed local service, the carriage service provider must give the relevant emergency call person the following information:
(a) that the call is being made using a fixed local service;
(b) the state or territory from which the call originated;
using an appropriate code from the document:
(c) known as ACIF G557:2002, or the Standardised Mobile Service Area Register, as in force from time to time; and
(d) prepared by the Australian Communications Industry Forum.
Note 1 The Australian Communications Industry Forum represents the telecommunications industry for the purposes of Part 6 of the Telecommunications Act 1997.
Note 2 In accordance with industry practice, the appropriate 3 digit standardised code is appended to the dialled digits in the destination number field in the relevant signalling scheme before sending the call to the point of connection with the emergency call person’s carrier.
Note 3 ACIF G557:2002, or the Standardised Mobile Service Area Register, is available from the Australian Communications Industry Forum.
[17] Section 43
substitute
Emergency call persons
(1) The emergency call person for 000 and 112, and the emergency call person for 106, must (as far as practicable) make and keep records, for each month in a quarter, of the following:
(a) the number of calls that were received at the emergency call person’s answering point;
(b) the number of calls that were received by an emergency call service but abandoned by the caller before being answered by an emergency call person;
(c) the number of calls that were answered in 5 seconds or less;
(d) the number of calls that were answered in 10 seconds or less;
(e) the number of calls that were answered in more than 10 seconds;
(f) the number of calls that were received by an emergency call person but not transferred to an emergency service organisation;
(g) the number of Caller No Response Calls to the emergency service number 000 that were handled in accordance with subsection 12 (3), and the number of such calls that were transferred to an emergency service organisation;
(h) the number of calls that originated from public mobile telecommunications services, and the number of such calls that were transferred to an emergency service organisation;
(i) the number of calls to the emergency service number 000 that originated from public payphones, and the number of such calls that were transferred to an emergency service organisation;
(j) the number of calls to the emergency service number 000 that originated from fixed local services (other than public payphones), and the number of such calls that were transferred to an emergency service organisation;
(k) the number of calls to the emergency service number 106 that originated from fixed local services and public payphones, and the number of such calls that were transferred to an emergency service organisation;
(l) the number of calls to the emergency service numbers 000 and 112 that originated from satellite services, and the number of such calls that were transferred to an emergency service organisation;
(m) the number of calls that were received by an emergency call person and transferred to an emergency service organisation;
(n) any other matter that the emergency call person has agreed with the ACA, in writing, to record;
(o) the number of calls to the emergency service numbers 000 and 112 that originated from each State and Territory, and:
(i) the number of those calls that were transferred to a police force or service in that State or Territory; and
(ii) the number of those calls that were transferred to a fire service in that State or Territory; and
(iii) the number of those calls that were transferred to an ambulance service in that State or Territory; and
(iv) the number of those calls that were connected to a pre-recorded announcement under subsection 12 (2A).
Note Some of this information must be given to the emergency call person by a carriage service provider (for example, whether a call to the emergency service number 000 or 112 originates from a payphone or satellite service). If the carriage service provider does not give the information, it is not practicable for the emergency call person to record it.
(2) The emergency call person for 000 and 112, and the emergency call person for 106, must give the ACA a copy of the records required to be kept:
(a) as soon as practicable after the quarter ends; and
(b) in any case — within 1 month after the quarter ends.
Note The obligations in section 43 are a minimum requirement for record keeping. Recognised persons who operate emergency call services may also make records about other aspects of the emergency call services that they consider important.
The emergency call person for 000 and 112 must ensure that 85% of emergency calls using the emergency service number 000 or 112 are answered within 5 seconds and 95% of those calls are answered within 10 seconds (see subsection 20 (2)).
[18] Subsection 44 (2)
omit
[19] Dictionary, after definition of Act
insert
Australian-based terrestrial network means a telecommunications network that:
(a) is not satellite-based; and
(b) is based in Australia.
[20] Dictionary, definition of rural addressing system
substitute
rural addressing system means a system used to identify and locate rural properties by assigning an individual number to each property in accordance with the document known as AS/NZS 4819:2003 or Geographic Information — Rural and Urban Addressing.
satellite service means a carriage service, where customer equipment used in connection with the supply of the service communicates directly with a satellite-based facility.
Note A satellite service may be used to provide a fixed or mobile service to an end-user.
[21] Dictionary, definition of standard emergency telephone service, after example 4
insert
5 Satellite services, other than maritime satellite services.
6 Public payphones.
[22] Dictionary, definition of state or territory emergency service, including the note
substitute
state or territory emergency service means any of the following services:
(a) the ACT Emergency Service established under the Emergency Management Act 1999 of the Australian Capital Territory;
(b) the State Emergency Service of New South Wales established under the State Emergency Service Act 1989 of New South Wales;
(c) the part of the Northern Territory Fire and Rescue Service, established by the Fire and Emergency Act 1996 of the Northern Territory, that is not an emergency service organisation;
(d) the State Emergency Service established under the Disaster Management Act 2003 of Queensland;
(e) the State Emergency Service continued in existence as State Emergency Service South Australia under the State Emergency Service Act 1987 of South Australia;
(f) the State Emergency Service established under the Emergency Services Act 1976 of Tasmania;
(g) the Victoria State Emergency Service established under the Victoria State Emergency Service Act 1987 of Victoria;
(h) the part of the Fire and Emergency Services Authority of Western Australia, established by the Fire and Emergency Services Authority of Western Australia Act 1998 of Western Australia, that is not an emergency service organisation.
Note A number of expressions used in this Determination are defined in section 7 of the Telecommunications Act 1997, and are imported into the Telecommunications (Consumer Protection and Service Standards) Act 1999 under subsection 5 (1) of the Act, including:
· ACA (the Australian Communications Authority)
· access (in relation to an emergency call service)
· carriage service intermediary
· carriage service provider
· carrier
· controlled carriage service
· controlled facility
· controlled network
· emergency call person
· emergency call service
· emergency service number
· public mobile telecommunications service
· recognised person who operates an emergency call service
· telecommunications network
· Telstra.
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