Telecommunications (Standard Telephone Service and Specified Carriage Service Exemption) Declaration 1998 (Cth)

AUSTRALIAN COMMUNICATIONS AUTHORITY

Telecommunications Act 1997

Telecommunications (Standard Telephone Service and Specified Carriage Service   Exemption) Declaration 1998

The AUSTRALIAN COMMUNICATIONS AUTHORITY, makes this determination under subsection 352(1) of the Telecommunications Act 1997.

Dated     21 December  1998

A.J SHAW

Chairman

R HORTON

Deputy Chairman

Australian Communications Authority

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1. Name of declaration

This declaration is the Telecommunications (Standard Telephone Service and Specified Carriage Service Exemption) Declaration 1998.

1. Commencement

This declaration commences on 1 July 1999.

1. Exemption

(1)   A carrier or carriage service provider who supplies a specified carriage service (which includes a standard telephone service) is exempt from the requirements of the Telecommunications (Provision of Pre-selection for a Standard Telephone Service) Determination 1998 and the Telecommunications (Specified Carriage Services) Determination 1998 for an end-user if the end-user requests pre-selection in favour of:

(a)   a carrier or carriage service provider who does not provide, or has not arranged to provide, termination of all specified carriage services; or

(b)   a carriage service provider for less than all of the specified carriage services; or

(c)   more than 1 carriage service provider for 1 or more of the specified carriage services.

(2)   In this declaration a reference to specified carriage services means:

(a)   a call from a standard telephone service to:

(i)a geographic number or local number that is not a local call;

(ii)an international direct dial service;

(iii)an operator service for which the numbering plan specifies the use of a shared selectable number;

(iv)a carriage service that is both a ring back price service and an international service; and

(b)   a call from a carriage service (other than a call that originates on a public mobile telecommunications service) that terminates on a public mobile telecommunications service.

Note 1:  Sections 5 and 6 of the Telecommunications (Provision of Pre-selection for a Standard Telephone Service) Determination 1998 impose requirements on carriers and carriage service providers to ensure that their controlled networks and controlled facilities permit an end-user to pre-select a carriage service provider as his or her preferred service provider for pre-selectable services and to change that selection from time to time.  Sections 5 and 6 of the determination impose requirements on carriers and carriage service providers to provide over-ride dial codes for selecting alternative carriage service providers on a call-by-call basis for calls made using a standard telephone service.

Note 2:  Sections 5 and 6 of the Telecommunications (Provision of Pre-selection for Specified Carriage Services) Determination 1998 impose requirements on carriers and carriage service providers to ensure that their controlled networks and controlled facilities permit an end-user to pre-select a carriage service provider as his or her preferred service provider for specified carriage services and to change that selection from time to time.  Sections 5 and 6 of the determination impose requirements on carriers and carriage service providers to provide over-ride dial codes for selecting alternative carriage service providers on a call-by-call basis for calls made using a specified carriage service.

Note 3:  To avoid any doubt, the specified carriage services listed in this declaration include all of the “pre-selectable services” listed in the Telecommunications (Provision of Pre-selection for a Standard Telephone Service) Determination 1998 so that this exemption is not available to carriers and carriage service providers when an end-user has pre-selected a single carriage service provider as his or her preferred service provider for all specified carriage services as a single group.

1. Revocation

The Telecommunications (Standard Telephone Service Pre-selection Exemption) Declaration 1998, made by the Australian Communications Authority on 21 December 1998 is revoked.

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Australian Communications Authority