Telecommunications Numbering Plan Variation 2004 (No. 1) (Cth)
Telecommunications Numbering Plan Variation 2004 (No. 1)
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this variation under section 455 of the Telecommunications Act 1997.
Dated
R HORTON
Chair
A HORSLEY
Deputy Chair
Australian Communications Authority
1Name of variation
This variation is the Telecommunications Numbering Plan Variation 2004 (No. 1).
2Commencement
This variation commences on
3 May 2004 .
3Variation of Telecommunications Numbering Plan 1997
Schedule 1 varies the Telecommunications Numbering Plan 1997.
Schedule 1 Variations
(section 3)
[1]After section 3.75
insert
Division 7A Allocation by auction
3.75AAllocation by auction
(1)This Division empowers the ACA to allocate a freephone number or a local rate number to the successful applicant determined by the auction system set out in the Auction Determination or the Charities Determination.
(2)This process is allocation by auction.
3.75BDefinitions for Division 7A
In this Division:
active service, for a number, means that a carriage service is being provided using the number.
auction-declared quarantine, for a number, means quarantined under this Division.
Auction Determination means the Telecommunications (Freephone and Local Rate Numbers) Allocation Determination 2004 made under section 463 of the Telecommunications Act 1997.
Charities Determination means the Telecommunications (Freephone and Local Rate Numbers - Charities) Allocation Determination 2004 made under section 463 of the Telecommunications Act 1997.
eligible amount means the eligible amount within the meaning of section 4.1 of the Auction Determination or the Charities Determination, as the case requires.
number means a freephone number or a local rate number allocated under this Division.
rights of use means the enhanced rights set out in section 3.75E.
ROU-holder means the holder of the rights of use for a number.
successful bidder has the same meaning as in the Auction Determination or the Charities Determination, as the case requires.
trade, for rights of use to a number, means assign or otherwise deal with the rights of use attached to the number.
working day means a day that is not a Saturday, a Sunday or a day that is a public holiday in
. Victoria
3.75CApplication of the other provisions of this Plan
(1)This Division makes particular provision about freephone and local rate numbers allocated under this Division as the result of an auction held under the Auction Determination or the Charities Determination.
(2)Where this Division does not make provision about a freephone or local rate number allocated under this Division, the parts of this Plan that make other provisions about freephone or local rate numbers apply to a freephone or local rate number allocated under this Division in the same way as they apply to a freephone or local rate number allocated under Division 5, 6 or 7 of this Part.
3.75DDeclaration
(1)A declaration under section 3.39 that a freephone number or a local rate number is available for allocation may state that the number is to be allocated by auction.
(2)The declaration may include a number that has already been declared under that section.
(3)A declaration under section 3.39 that a number is available for allocation may state that a number that has been declared as being available for allocation by auction is instead to be allocated administratively under Division 5, 6 or 7 of this Part.
NOTE: A number that has been declared as being available for allocation by auction may also be allocated administratively for a specified period for an emergency; see section 3.75T.
3.75EEntitlements after auction
(1)After the successful bidder for a number at an auction has paid the eligible amount to the ACA under the Auction Determination or the Charities Determination, the ACA must allocate the number to the carriage service provider that was the joint applicant for that number with the successful bidder.
NOTE: Only a registered carriage service provider can be a joint applicant with a customer. See section 2.3 of the Auction Determination and section 2.3 of the Charities Determination. For registration of carriage service providers, see Chapter 3, Division 4 of this Plan.
(2)On payment of the eligible amount, the successful bidder becomes the ROU-holder.
(3)The following enhanced rights of use for a number are conferred on the ROU-holder:
(a)the right to trade the rights of use, as set out in section 3.75J; and
(b)the right to ask the carriage service provider to surrender the number, as set out in section 3.75K; and
(c)the right to give up all rights in relation to the number; and
(d)except as set out in section 3.75P, the right to have no active service in place for the number; and
(e)the right to ask a registered carriage service provider to retrieve the number, if it has been surrendered and has become an auction-declared quarantined number, as set out in section 3.75S; and
(f)the right to disconnection of an active service on the number at any time.
(4)The right to disconnection of an active service does not affect the validity of any agreement for the delivery of services between the party to whom the services are provided and the carriage service provider.
(5)The carriage service provider need not act on a request by a person purporting to be the ROU-holder unless the carriage service provider is satisfied that the person who made the request is the current ROU-holder.
3.75FAllocation
(1)The ACA must in writing approve arrangements for allocating the number by electronic means (the electronic allocation procedure).
(2)The ACA must allocate the number using the electronic allocation procedure. However, the ACA may allocate the number by other means if it is not practicable to use electronic means.
(3)The number must be allocated as soon as practicable after the eligible amount has been paid to the ACA as required by section 1.8 of the Auction Determination or section 1.9 of the Charities Determination, as the case requires.
(4)Each number must be allocated individually.
3.75GIssue
The carriage service provider must issue the number to the ROU-holder as soon as practicable after:
(a)the number has been allocated to the carriage service provider; and
(b)the carriage service provider and the ROU-holder have agreed about the delivery of services for the number.
NOTE: For numbers allocated via an auction process, the ROU are conferred by the ACA on the successful bidder at auction once the eligible amount has been paid. The number is then allocated by the ACA to the carriage service provider. The carriage service provider then issues the number to the ROU-holder.
3.75HRegister
(1)The ACA will establish a Register of numbers and ROU-holders.
(2)The Register is to contain the following information:
(a)the number; and
(b)the name of the ROU-holder for the number; and
(c)if the ROU-holder agrees, his or her address, telephone and fax numbers and email address.
(3)A ROU-holder must tell the ACA of any change in his or her address, telephone and fax numbers and email address, using the form made available by the ACA.
(4)The ACA must make the Register available to the public.
(5)The Register may be in electronic form.
(6)The ACA may correct an error or omission made in entering in the Register information about a ROU-holder.
3.75JTrading the rights of use and licensing a number
(1)The ROU-holder may trade all his or her rights of use. However, this does not entitle the ROU-holder to trade only some of the rights of use.
NOTE: The surrender and quarantine of the number does not prevent the ROU-holder from trading the number.
(2)The ROU-holder for a number may license another person to have an active service on the number.
NOTE: A carriage service provider must not hinder the porting of a number see section 11.9.
(3)If the ROU-holder is a charity that obtained the rights of use for a number under the Charities Determination, the charity may only trade the rights of use, or license the number, to an eligible charity to whom the number is a strategic FLRN within the meaning of the Charities Determination.
(4)Trading of the rights of use:
(a)must be in writing, using the form made available by the ACA; and
(b)must include the number to which the rights of use relate, the names of the parties and the date; and
(c)must be signed by the parties; and
(d)for rights of use traded by a charity, must include a written statement by the body to which the rights of use are to be traded that the body is an eligible charity within the meaning of the Charities Determination.
(5)The form and statement must be lodged with the ACA.
(6)A trading of the rights of use takes effect when the ACA enters details of the trade in the Register.
(7)The carriage service provider for the number in question must not do anything to hinder the trading of the rights of use or licensing the number.
(8)A ROU-holder may not trade his or her rights of use to provide security for a loan.
3.75KSurrender of number - general
(1)A number may only be surrendered by a registered carriage service provider.
(2)A number may only be surrendered if there is no active service in place on the number.
(3)Surrender may be initiated by the ROU-holder or the carriage service provider.
(4)On receiving a request to surrender from the ROU-holder, the carriage service provider must surrender the number within 5 working days, using the electronic surrender procedure in Division 8.
Note: The ROU-holder retains the rights to trade the number and to ask a carriage service provider to retrieve the number; see section 3.75E.
(5)A number must be surrendered individually.
(6)After a number is surrendered:
(a)it is no longer allocated and becomes an auction-declared quarantined number; and
(b)it may be released from auction-declared quarantine, as set out in section 3.75S; and
(c)if it is not released, it remains in auction-declared quarantine for 3 years.
3.75LSurrender where rights of use waived
(1)This section applies where a number is surrendered by the carriage service provider and the ROU-holder for the number has notified the ACA that the ROU-holder no longer wants the rights of use for the number.
(2)The number:
(a)is no longer allocated and becomes an auction-declared quarantined number; and
(b)may be released from auction-declared quarantine as set out in section 3.75R.
3.75MWithdrawal of number
(1)The ACA may withdraw a number from a carriage service provider, as set out in section 3.95, 3.96 and 3.97.
NOTE: Sections 3.95, 3.96 and 3.97 deal with withdrawal for use inconsistent with this Plan (section 3.95), for non-payment of the annual numbering charge (section 3.96), and to comply with a court order (section 3.97).
(2)Subject to any court order as mentioned in section 3.97, the ACA must give the carriage service provider notice in writing, at least 21 days before withdrawing the number (the notice period):
(a)that the ACA proposes to withdraw the number; and
(b)the reason for the withdrawal; and
(c)that the carriage service provider must tell the ROU-holder for the number, within 5 working days of receiving the ACA notice:
(i)that the number is to be withdrawn; and
(ii)that the ROU-holder may port the number, as set out in Chapter 11; and
(iii)the consequences of not porting the number.
(3)If the ROU-holder ports the number within the notice period, the ACA will not withdraw the number.
(4)If the ROU-holder does not port the number within the notice period:
(a)the ACA will withdraw the number; and
(b)the number is no longer allocated and becomes an auction-declared quarantined number; and
(c)the number may be released from auction-declared quarantine as set out in section 3.75S.
3.75NCancellation of rights of use false statement
(1)This section applies if the ROU-holder was the joint applicant for the number and is found to have made in the application a false statement within the meaning of subsection 136(1) of the Criminal Code Act 1995.
(2)The ACA must:
(a)cancel the rights of use; and
(b)withdraw the number from the carriage service provider.
(3)The number:
(a)becomes an auction-declared quarantined number; and
(b)may be released from auction-declared quarantine as set out in section 3.75R.
3.75PCancellation of rights of use no active service
(1)The ACA must cancel the rights of use for a number if there has been no active service on the number for a continuous period of 3 years.
(2)If the number was not an auction declared-quarantine number immediately before the cancellation, the number becomes an auction-declared quarantine number.
(3)The number may be released from auction-declared quarantine as set out in section 3.75R.
3.75QCancellation of rights of use charitys excess number
(1)This section applies if the ROU-holder is an eligible charity that has held the ROU for an excess number for longer than 12 months.
NOTE: The effect of this section is that an eligible charity may not hold more than one of each type of number (i.e. 13, 1300 and 1800 numbers) for longer than 12 months.
(2)For subsection (1), an eligible charity holds an excess number if it holds:
(a)two or more 6-digit numbers commencing with the prefix 13; or
(b)two or more 10-digit numbers commencing with the prefix 1300; or
(c)two or more 10-digit numbers commencing with the prefix 1800.
(3)This section applies:
(a)only to a number that was allocated under the Charities Determination; and
(b)whether the eligible charity obtained the number under the Charities Determination or holds the number because of a trade.
(4)The ACA must:
(a) notify the eligible charity that its rights of use for an excess number will be cancelled in 30 days; and
(b) ask it to:
(i)choose the number it wants to keep; and
(ii)tell the ACA within 28 days of the notice which number it does not want.
(5)The ACA will cancel the rights of use to the number the eligible charity does not want.
(6)If the eligible charity does not tell the ACA within 28 days which number it does not want, the ACA will cancel the rights of use to the number that was first issued to the charity.
(7)If the number is allocated to a carriage service provider, the ACA will withdraw the number.
(8)A number cancelled under this section:
(a)is no longer allocated; and
(b)becomes an auction-declared quarantine number; and
(c)may be released from auction-declared quarantine as set out in section 3.75R.
(9)A ROU-holder that is an eligible charity is also liable to have its rights of use cancelled as set out in sections 3.75N and 3.75P.
3.75RRelease from auction-declared quarantine
(1)A number remains in auction-declared quarantine for 3 years, unless it is released as set out in this section.
(2)If the rights of use have been cancelled under section 3.75P, the ACA will as soon as practicable make the number again available for allocation by auction.
(3)In any other case, the ACA will again make the number available for allocation by auction after the end of the 3 year quarantine period.
(4)However, before the end of the 3 year quarantine period a person may in writing ask the ACA to release an auction-declared quarantined number and make it available for allocation.
(5)After the ACA receives the request, the ACA must release the number and make it available for allocation by auction.
(6)This section does not apply to a number surrendered under section 3.75K or withdrawn under section 3.75M.
NOTE: Section 3.75S applies to a number surrendered under section 3.75K or withdrawn under section 3.75M as there is still a ROU-holder for the number.
3.75SRelease of number to ROU-holder
(1)The ROU-holder for a number surrendered under section 3.75K or withdrawn under section 3.75M may ask any registered carriage service provider in writing to retrieve the number from auction-declared quarantine.
(2)The carriage service provider may ask the ACA to release the number and allocate it to the carriage service provider.
(3)The ACA must then:
(a)release the number from auction-declared quarantine; and
(b)allocate the number to the carriage service provider.
(4)The carriage service provider must then issue the number to the ROU-holder as soon as practicable after:
(a)the number has been allocated to the carriage service provider; and
(b)the carriage service provider and the ROU-holder have agreed about the delivery of services for the number.
(5)In spite of subsection (3), if the number was withdrawn, the carriage service provider from whom the number was withdrawn is not entitled to be allocated the number for a period of 90 days after the number was withdrawn.
3.75TEmergency allocation
(1)The Chair of the ACA may in writing determine that a number that has been declared under section 3.39 as available for allocation by auction may instead be allocated under this section.
(2)The Chair may only make the determination if:
(a)the number is needed as the result of an emergency situation; and
(b)a registered carriage service provider has applied in writing for allocation of the number; and
(c)the number is to be allocated for a limited period (the allocation period).
(3)The determination must state:
(a)the allocation period; and
(b)the conditions of the allocation.
(4)At the end of the allocation period, the number:
(a)is no longer allocated; and
(b)becomes an auction-declared quarantine number; and
(c)may be released from auction-declared quarantine as set out in section 3.75R.
(5)The Chair may again determine that the number is to be allocated under this section.
[2]Schedule 11, items 1, 1A and 1B
substitute
1A decision under section 3.75N to cancel the rights of use and withdraw a freephone or local rate number.
1AA decision under section 3.75P to cancel the rights of use and withdraw a freephone or local rate number.
1BA decision under section 3.75Q to cancel the rights of use and withdraw a freephone or local rate number.
1CA decision under subsection 3.93 (3) to withdraw a freephone or local rate number.
1DA decision under subsection 3.95 (2) to withdraw a freephone or local rate number.
1EA decision under subsection 3.96 (2) to withdraw a freephone or local rate number.
1FA decision under subsection 5A.9 (1) to refuse to allocate an international signalling point code.
1GA decision under subsection 5A.15 (3) to refuse to extend a period.
1HA decision under paragraph 5A.18 (3) (b) to refuse permission to use an international signalling point code to perform a new function.
1JA decision under paragraph 5A.27 (2) (a) to withdraw an international signalling point code.
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