Telecommunications (Remote Area Rebate) Regulations 1998 (Cth)

Telecommunications (Remote Area Rebate) Regulations 1998

Statutory Rules 1998No. 339

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Telecommunications Act 1997.

Dated 17 December 1998.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

  

RICHARD ALSTON

Minister for Communications, Information Technology

and the Arts

Telecommunications (Remote Area Rebate) Regulations 1998

Statutory Rules 1998

No. 3391

made under the

Telecommunications Act 1997

   

Contents

Page

Part 1Preliminary

• 1

  Name of regulations 3

• 2

  Commencement 3

• 3

  Definitions — the dictionary etc 3

• 4

  Object of regulations 3

• 5

  Primary service agreements and agreed carriers 4

• 6

  Community service towns 4

• 7

  Remote charging zones 4

• 8

  Standard telephone services — data carriage 5

Part 2Eligible remote area calls

Division 1Remote area calls

• 9

  Remote area calls 6

Division 2Eligible remote area calls

• 10

  Eligible remote area calls 7

• 11

  Standard telephone services 7

• 12

  Called numbers 7

• 13

  Agreed carriers 7

Part 3Charging and rebate

• 14

  Entitlement to rebate 8

• 15

  Billing periods 8

• 16

  Charging information 8

• 17

  Eligible remote area calls for first billing period 9

• 18

  Amount of rebate payable by first agreed carrier in a year 9

• 19

  Amounts of rebate payable by later agreed carriers in a year 9

• 20

  When and how rebate is given 10

Dictionary 11

Part 1Preliminary

1Name of regulations

 These regulations are the Telecommunications (Remote Area Rebate) Regulations 1998.

2Commencement

 These regulations commence on gazettal.

3Definitions — the dictionary etc

• (1)

  The dictionary at the end of these regulations defines certain words and expressions, and includes references to certain words and expressions that are defined in the Act or elsewhere in these regulations (signpost definitions).

Example

The signpost definition ‘remote area callsee regulation 9’ means that the expression remote area call is defined in regulation 9.

Note   The dictionary only includes a signpost definition for a word or expression if the word or expression is used in more than 1 regulation.

 (2)The dictionary is part of these regulations.

• (3)

  A definition in these regulations applies to each use of the word or expression in the regulations unless the contrary intention appears.

4Object of regulations

 These regulations set out a scheme to give benefits to designated customers.

Note   Section 226 of the Act provides that the regulations may formulate a scheme to give benefits to designated customers, where the benefits:

 (a) relate to charges for calls made using a standard telephone service supplied to the customer; and

• (b)

  are comparable to the benefits given to eligible customers under section 223 of the Act (which deals with the requirement to provide an untimed local call option).

5Primary service agreements and agreed carriers

• (1)

  A primary service agreement is a written agreement:

  • (a)

    that is in effect between a designated customer and a carrier; and

  • (b)

    under which the carrier is the primary supplier of standard telephone services to the customer that include the provision of remote area calls.

• (2)

  The agreed carrier for a designated customer is the carrier with whom the customer has a primary service agreement.

6Community service towns

• (1)

  The community service town for a designated customer is the community service town designated for the customer by Telstra before 1 January 1998.

• (2)

  However, if the designated customer’s primary service agreement identifies another town as the customer’s community service town, that town is the customer’s community service town for the period of the agreement.

7Remote charging zones

• (1)

  The remote charging zone for a designated customer is the zone designated for the customer by Telstra before 1 January 1998.

• (2)

  However, if the designated customer’s primary service agreement identifies another zone as the customer’s remote charging zone, the customer’s remote charging zone is, for the period of the agreement, the zone identified in the agreement, excluding:

  • (a)

    the customer’s community service town; and

  • (b)

    any part of the zone that is within a standard zone within the meaning of section 227 of the Act.

8Standard telephone services — data carriage

Carrying data, as part of a data call made by a residential/charity customer for section 225 of the Act, is a designated purpose for subsection 226 (2) of the Act.

Part 2Eligible remote area calls

Division 1Remote area calls

9Remote area calls

(1) A telephone call that is described by Telstra as a pastoral call in its Standard Form of Agreement (as in force at 1 January 1998) is a remote area call.

• (2)

  A telephone call is also a remote area call if:

  • (a)

    the carrier of the call has a primary service agreement with the designated customer to whom the call is charged; and

  • (b)

    the call is of a kind that corresponds to a pastoral call mentioned in subregulation (1).

Division 2Eligible remote area calls

10Eligible remote area calls

• (1)

  A remote area call that meets the requirements of this Division is an eligible remote area call.

• (2)

  However, a remote area call is not an eligible remote area callif a party to the call uses a public mobile telecommunications service, or satellite service, that is not supplied to the party to fulfil the universal service obligation.

11Standard telephone services

 The remote area call must be made using a standard telephone service directly connected to a public switched telephone network.

12Called numbers

 The remote area call must be made to a geographic number in the designated customer’s community service town or remote charging zone.

13Agreed carriers

 The remote area call must be provided by the agreed carrier for the designated customer.

Part 3Charging and rebate

14Entitlement to rebate

• (1)

  A designated customer is entitled to rebate of the amount charged to the customer for an eligible remote area call by the agreed carrier of the call.

• (2)

  The rebate is worked out for eligible remote area calls made in a calendar year.

15Billing periods

• (1)

  An agreed carrier must determine each period (a billing period) for which the carrier will:

  • (a)

    charge designated customers for remote area calls; and

  • (b)

    work out whether rebate is payable by the carrier for eligible remote area calls charged to the customer in the period.

• (2)

  A billing period must not be longer than 3 months.

16Charging information

• (1)

  In the bill or account charging eligible remote area calls to a designated customer for a billing period, the agreed carrier must state:

  • (a)

    the number of days in the billing period; and

  • (b)

    the number of days in the billing period when the carrier is the agreed carrier.

• (2)

  The agreed carrier must include the amount of rebate payable to the designated customer in the bill or account given to the customer if it is practicable to work out the amount before the customer is given the bill or account.

17Eligible remote area calls for first billing period

• (1)

  This regulation applies to an eligible remote area call that was:

  • (a)

    made in 1998 before these regulations commence; and

  • (b)

    charged to a designated customer by the agreed carrier of the call.

• (2)

  The eligible remote area call is taken to have been charged to the customer by the carrier in the first billing period that applies to the customer after these regulations commence.

18Amount of rebate payable by first agreed carrier in a year

• (1)

  This regulation applies to a carrier that is the agreed carrier for a designated customer on 1 January in a year.

• (2)

  The carrier must pay to the customer an amount of rebate for eligible remote area calls made in the year that were:

  • (a)

    made in the period of the primary service agreement with the customer; and

  • (b)

    charged to the customer by the carrier.

• (3)

  However, the maximum amount of rebate payable to the customer by the carrier for eligible remote area calls made in the year is $160.

19Amounts of rebate payable by later agreed carriers in a year

• (1)

  This regulation applies to a carrier that:

  • (a)

    is not the agreed carrier for a customer on 1 January in a year; and

  • (b)

    becomes the customer’s agreed carrier after 1 January in the year.

• (2)

  The carrier must pay to the customer an amount of rebate for the year for eligible remote area calls made in the year that were:

  • (a)

    made in the period of the primary service agreement with the customer; and

  • (b)

    charged to the customer by the carrier in a billing period.

• (3)

  However, the amount of rebate payable to the customer by the carrier for a billing period must not exceed the amount worked out using the formula:

20When and how rebate is given

• (1)

  If a designated customer is entitled to rebate for a billing period, the agreed carrier must give the rebate to the customer before, or as soon as practicable after, the end of the billing period.

• (2)

  Rebate may be given to a designated customer by:

  • (a)

    paying an amount to the customer; or

  • (b)

    crediting an amount to the customer’s account with the carrier; or

  • (c)

    any combination of payment and credit.

Dictionary

(regulation 3)

Act means the Telecommunications Act 1997.

agreed carrier see subregulation 5 (2).

billing period see subregulation 15 (1).

carrier see section 7 of the Act.

community service town see regulation 6.

designated customer has the same meaning as in subsection 226 (1) of the Act.

eligible remote area call see regulation 10.

facility see section 7 of the Act.

geographic number has the same meaning as in the numbering plan.

numbering plan see section 7 of the Act.

primary service agreement see subregulation 5 (1).

public mobile telecommunications service see section 7 of the Act.

public switched telephone network means the basic network facility needed by a carrier to offer public telephony services that require connection across areas.

rebate means rebate of some or all of the cost of eligible remote area calls.

remote area call see regulation 9.

remote charging zone see regulation 7.

satellite service has the same meaning as in subsection 225 (4) of the Act.

standard telephone service see section 7 of the Act.

universal service obligation see section 7 of the Act.

Note

1. Made by the Governor-General on 17 December 1998, and notified in the Commonwealth of Australia Gazette