Telecommunications Numbering Plan Variation 2003 (No. 4) (Cth)

Telecommunications Numbering Plan Variation 2003 (No. 4)

The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Variation under section 455 of the Telecommunications Act 1997.

Dated 25 June 2003

A J SHAW
Chair

R KELLEHER
Senior Executive Manager, Telecommunications

Australian Communications Authority

1. Name of Variation

This Variation is the Telecommunications Numbering Plan Variation 2003 (No. 4).

1. Commencement

This Variation commences on gazettal.

1. Variation of Telecommunications Numbering Plan 1997

Schedule 1 varies the Telecommunications Numbering Plan 1997.

Schedule 1          Variations

(section 3)

[1]          Section 6.16, heading

substitute

6.16Additional grounds for refusing allocation

[2]          Subsection 6.16 (1)

substitute

(1)A number must not be allocated to a carriage service provider if the ACA is satisfied that the carriage service provider is likely to issue, transfer or use the number in a way that is inconsistent with:

(a)this plan; or

(b)a condition on the use of the number.

(1A)For subsection (1), the ACA may have regard to:

(a)the way in which the carriage service provider has issued, used or transferred other numbers that have been allocated to the carriage service provider; and

(b)information showing an intention by the carriage service provider to issue, transfer or use the number in a way that is inconsistent with this plan or a condition; and

(c)any other matter the ACA considers relevant.

[3]          Chapter 6, after Part 2

insert

Part 3  Variation of allocation of geographic numbers issued in error

Information about Part 3

Part 3 allows a carriage service provider that issues a geographic number by mistake to an incorrect standard zone unit or geographic sector to apply to the ACA to vary the ACA’s allocation of numbers to rectify the problem. The variation may allow the allocation to be split into blocks that are less than the unit size for geographic numbers specified in section 6.23 of this Plan.

Geographic numbers are allocated in accordance with Parts 1 and 2 of Chapter 6. Part 3 is an arrangement that allows the ACA to deal with unexpected problems that are identified after an allocation has occurred: it is not an alternative form of allocation.

The ACA does not guarantee that it will use Part 3 to rectify a problem relating to a geographic number. The ACA is not required to vary an allocation under Part 3, since there may be more efficient ways of dealing with the problem than by varying an allocation.

It should also be noted that a carriage service provider’s applications for the allocation of numbers in the future will be considered having regard to the manner in which the carriage service provider has previously used numbers allocated to it: see section 6.16.

6.31Application of Part 3

This Part applies if a carriage service provider issues:

(a)a geographic number (the issued number) which:

(i)is part of a unit; and

(ii)does not terminate in the standard zone unit for which the unit was allocated in accordance with subsection 3.4 (4); or

(b)a geographic number (the issued number) which does not terminate at a location in a geographic sector or area mentioned for Part 1 of Schedule 3 in accordance with section 3.5.

6.32Application by carriage service provider for variation of allocation

(1)A carriage service provider to which section 6.31 applies may apply to the ACA to vary an allocation by varying the location of an issued number.

(2)The allocation to which the application relates:

(a)must include the issued number; and

(b)must:

(i)have been made as a result of another application under this Chapter; or

(ii)have been taken to have been made under this Plan.

Note   This Plan commenced in 1997. It applies to an allocation that occurred before this Plan commenced as if the allocation had been made under this Plan.

(3)The application must be:

(a)in writing; and

(b)for the variation of the allocation of:

(i)100 numbers or numbers in a whole multiple of 100; or

(ii)1 000 numbers or numbers in a whole multiple of 1 000.

(4)The application must:

(a)identify the standard zone unit or geographic sector to which the issued number was issued; and

(b)include an explanation of how and why the number was issued for use in an inappropriate standard zone unit or geographic sector.

(5)The application must be made as soon as practicable after the issued number was issued.

Note   Although it may take time to recognise that a number is not terminating in the appropriate place, it is in a carriage service provider’s interests to make an application as soon as practicable after the carriage service provider first becomes aware that the number is not terminating in the appropriate place.

For example, a failure to make an application, or an unjustifiable delay in making an application, may be taken into account by the ACA under section 6.16 as an example of the way in which the carriage service provider has issued and used numbers from previous allocations.

(6)The ACA may ask an applicant, in writing, to give it further information within 30 business days on the matters to which the application relates, to allow the ACA to consider the application.

(7)If the applicant does not give the ACA the information requested under subsection (6) within 30 business days, the applicant is taken to have withdrawn the application at the end of the 30 business days.

(8)The other Parts of this Chapter apply to an application mentioned in this Part to the extent that they are not inconsistent with this section.

6.33Approval or refusal of application

(1)The ACA must refuse an application to vary an allocation if it considers that:

(a)the use of the numbers as varied in accordance with the application would be inconsistent with the number analysis capabilities of telecommunications networks operated in Australia; or

(b)the numbers to which the variation would relate do not relate to the charging district in which calls to the numbers terminate, or appear to terminate, for charging purposes; or

(c)the use of the numbers to which the variation would relate would substantially reduce the geographic significance of the numbers; or

(d)the decision to vary the allocation would have disadvantages, for another carriage service provider, customer or end-user, that outweigh the advantages of varying the numbers.

(2)The ACA may approve the application (but is not required to approve the application) if:

(a)the ACA is satisfied that the carriage service provider making the application has issued a number described in paragraph 6.31 (a) or (b); and

(b)the carriage service provider has given the ACA adequate information to allow the ACA to make the decision; and

(c)subsection (1) does not apply.

Note   A variation of the allocation of numbers is not the only way to resolve problems associated with the situation described in section 6.31. The ACA may, for example, decline to approve the application to vary the allocation in order to allow the carriage service provider:

(a)to reorganise its allocated numbers; or

(b)to negotiate with affected customers, or other carriage service providers, for a solution that better meets the customers’ requirements.

6.34Time for approval or refusal of application

(1)The ACA must approve or refuse an application under section 6.33 within 15 business days starting on the day on which the application is received by the ACA.

(2)However, the ACA may, by written notice given to the applicant, extend that period for not more than 30 business days.

(3)The period within which the ACA must approve or refuse an application does not include a period:

(a)starting when the ACA asks the applicant for further information under subsection 6.32 (6); and

(b)ending when it receives the information.

(4)The ACA may extend the period only if the consideration of the application requires the ACA to consult:

(a)another carriage service provider; or

(b)a supplier of relevant equipment or services;

about the effect that granting the application would have on routing of, or charging for, calls by the other carriage service provider.

6.35Register

The designated authority must update the Register, maintained under section 465 of the Act, to reflect a variation of an allocation of numbers.

[4]          Schedule 11, items 10 to 17 (inclusive)

substitute

1. A decision under section 6.33 to refuse an application to vary an allocation of numbers.

[5]          Dictionary, after definition of assistance operator service

insert

business day means a day that is not a Saturday, a Sunday or a public holiday in the place concerned.