Telstra Corporation Limited—Variation of Approved Standard Marketing Plan Notice No. 1 of 2001 (Cth)
Commonwealth of Australia
Telecommunications (Consumer Protection
and Service Standards) Act 1999
Telstra Corporation Limited—Variation of Approved Standard Marketing Plan
Notice No. 1 of 2001
I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, Information Technology and the Arts, under subsection 12Y(2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (‘the Act’), require Telstra Corporation Limited (‘Telstra’), as the primary universal service provider for the whole of Australia in respect of the obligations referred to in subsection 9(1) of the Act, to give the ACA a draft variation of its approved standard marketing plan (‘the current plan’) as soon as practicable and, in any event, within 2 weeks of the date of this notice, in the terms set out in the notice.
Dated 28 August 2001.
RICHARD ALSTON
Minister for Communications, Information Technology and the Arts
Connection times in remote locations without infrastructure
The draft variation of the current plan must vary the current plan so that it includes a commitment:
(a) in relation to a request of a customer for the connection of a standard telephone service for the purposes of the current plan in a remote location without infrastructure that Telstra receives on or after the commencement of the variation—to connect the standard telephone service within 6 months from the date of the request or such later date as is requested by or arranged with the customer; and
(b) in relation to a request of a customer for the connection of a standard telephone service for the purposes of the current plan in a remote location without infrastructure that Telstra receives before the commencement of the variation—to connect the standard telephone service within:
(i) 6 months from the commencement of the variation or such later date as is requested by or arranged with the customer; or
(ii) the period within which the customer was entitled to a connection under the current plan as in force before the commencement of the variation;
whichever is the lesser.
Note: Examples of arrangements with the customer for connection at a later date for the purposes of this clause include the following:
1. Telstra and the customer agree to a specific date.
2. The customer is provided with an interim or alternative service.
Interim services
(1)Subject to this clause, the draft variation of the current plan must vary the current plan so that where:
(a) a customer has requested the connection of a standard telephone service for the purposes of the current plan; and
(b) Telstra receives this request on or after 15 October 2001; and
(c) the service cannot be provided within 30 working days of the customer’s request;
the current plan includes a commitment to offer a customer an interim service and:
(d) where the customer accepts the offer within one working day of the offer being made—to provide the interim service within 30 working days of the customer’s request; and
(e) where the customer accepts the offer on a day after the next working day after the offer is made—to provide the interim service within a period that is the sum of 30 working days of the customer’s request and the number of days that elapse between the next working day after the offer is made and the acceptance of the offer.
(2)Subject to this clause, the draft variation of the current plan must vary the current plan so that where:
(a) a customer has requested the connection of a standard telephone service for the purposes of the current plan; and
(b) Telstra receives this request before 15 October 2001; and
(c) the service cannot be provided within 30 working days of the customer’s request;
the current plan includes a commitment to offer a customer an interim service and:
(d) where the customer accepts the offer within one working day of the offer being made—to provide the interim service within 30 working days of 15 October 2001; and
(e) where the customer accepts the offer on a day after the next working day after the offer is made—to provide the interim service within a period that is the sum of 30 working days of 15 October 2001 and the number of days that elapse between the next working day after the offer is made and the acceptance of the offer.
(3)Subject to this clause, the draft variation of the current plan must vary the current plan so that where:
(a) Telstra receives a report of a fault in relation to an inoperative standard telephone service of a customer provided under the current plan on or after 15 October 2001; and
(b) the fault cannot be rectified within 5 working days after Telstra receives the report;
the current plan includes a commitment to offer a customer an interim service within 4 working days after Telstra receives the report and:
(c) where the customer accepts the offer within one working day of the offer being made, to provide the interim service:
(i) where the site at which the interim service is to be supplied is within an urban centre with a population equal to or greater than 10,000 people—within 6 working days of Telstra receiving the report; or
(ii) where the site at which the interim service is to be supplied is within an urban centre or recognised community grouping with a population equal to or greater than 2,500 people and less than 10,000 people—within 7 working days of Telstra receiving the report; or
(iii) in any other case—within 8 working days of Telstra receiving the report; or
(d) where the customer accepts the offer on a day after the next working day after the offer is made, to provide the interim service:
(i) where the site at which the interim service is to be supplied is within an urban centre with a population equal to or greater than 10,000 people—within a period that is the sum of 6 working days of Telstra receiving the report and the number of working days that elapse between the next working day after the offer is made and the acceptance of the offer; or
(ii) where the site at which the interim service is to be supplied is within an urban centre or recognised community grouping with a population equal to or greater than 2,500 people and less than 10,000 people—within a period that is the sum of 7 working days of Telstra receiving the report and the number of working days that elapse between the next working day after the offer is made and the acceptance of the offer; or
(iii) in any other case—within a period that is the sum of 8 working days of Telstra receiving the report and the number of working days that elapse between the next working day after the offer is made and the acceptance of the offer.
Note: More information about the current method of delimitation of urban centres and localities, together with a listing of current urban centres and localities, may be found in the Australian Bureau of Statistics publication entitled Statistical Geography: Volume 3 – Australian Standard Geographical Classification (ASGC) Urban Centres/Localities, 1996 Cat. No. 2909.0.
(4)Subject to this clause, the draft variation of the current plan must vary the current plan so that it includes a commitment:
(a) as soon as practicable after receiving an application for an interim service from a customer and, in any event:
(i) where the site at which the interim service is to be supplied is within an urban centre or recognised community grouping with a population equal to or greater than 2,500 people—within 2 working days of receiving the request; or
(ii) in any other case—within 3 working days of receiving the request;
to provide the customer with an interim service where the customer’s standard telephone service provided under the current plan has been inoperative on 3 or more occasions for a total period of 14 days or more within the previous 12 month period beginning on 15 October 2001; and
(b) unless the customer otherwise agrees, to continue to provide the customer with the interim service for:
(i) the period during which the customer’s standard telephone service remains inoperative; or
(ii)a period of 14 days;
whichever is the longer.
(5)Subject to this clause, the draft variation of the current plan must vary the current plan so that it includes a commitment that:
(a) if a customer has been provided with an interim service in accordance with subclause (4); and
(b) the customer’s standard telephone service is restored; and
(c) the service becomes inoperative within 12 months of its restoration; and
(d) the customer, or a person on behalf of the customer, reports the fault to Telstra;
Telstra will:
(e) as soon as practicable after receiving a report by or on behalf of a customer, offer the customer an interim service; and
(f) if the customer accepts the offer, provide the interim service as soon as practicable and in any event:
(i) where the site at which the interim service is to be supplied is within an urban centre or recognised community grouping with a population equal to or greater than 2,500 people—within 2 working days of the customer’s acceptance of the offer; or
(ii) in any other case—within 3 working days of the customer’s acceptance of the offer; and
(g) unless the customer otherwise agrees, continue to provide the customer with the interim service for:
(i) the period during which the customer’s standard telephone service provided under the current plan remains inoperative; or
(ii)a period of 14 days;
whichever is the longer.
(6)Subject to subclause (7), for the purposes of subclauses (1), (2), (3), (4) and (5), the draft variation of the current plan may vary the current plan so that it enables Telstra to offer customers a choice between an interim service and an alternative service.
Note: The ACA may make a written determination specifying the form of an offer of an alternative service.
(7)The draft variation of the current plan must vary the current plan so that it includes a commitment that, if Telstra offers a customer an interim service and an alternative service, Telstra will provide the customer with sufficient information about:
(a) the functionality of each service; and
(b) the terms and conditions of supply of each service;
to enable the customer to make an informed judgment about the relative merits of each service.
Note: The ACA may make a written determination specifying what constitutes sufficient information for the purposes of subclause (7).
(8)The draft variation of the current plan must vary the current plan so that it includes a commitment that, where a customer accepts an offer of an alternative service but subsequently requests Telstra for an interim service, Telstra will provide an interim service to the customer instead of the alternative service as soon as practicable after receiving the request.
(9)The draft variation of the current plan may vary the current plan to provide that Telstra is exempt from complying with this clause to the extent that non-compliance with the clause is a result of circumstances beyond the control of Telstra that include (but are not limited) to the following circumstances:
(a) damage to a facility of Telstra that is not caused by Telstra;
(b) natural disasters, or extreme weather conditions, that:
(i) cause widespread service outages; and
(ii) restrict connection to an interim service or an alternative service;
(c) Telstra is requested by a public authority to provide emergency communications services to assist in emergency action, and the provision of those services restricts connection to an interim service or an alternative service;
(d) Telstra is prevented from connecting an interim service or an alternative service because Telstra is unable to obtain lawful access to land or a facility;
(e) a law of the Commonwealth, or of a State or a Territory, otherwise prevents Telstra from complying with this clause;
(f) Telstra is unable to make an appointment with a customer to install an interim service or an alternative service and demonstrate its operation.
(10)However, Telstra is not exempt from compliance with this clause unless it has procedures in place to ensure that it does not rely on the exemption in circumstances that are not beyond its control.
(11) In paragraph 9(c):
public authority means:
(a) the Commonwealth, a State or a Territory; or
(b) a Commonwealth, State or Territory authority, including:
(i) a police force or service; and
(ii) a fire service; and
(iii) an ambulance service; and
(iv) a local government service.
Widespread service outages
The draft variation of the current plan must vary the current plan so that it includes arrangements for meeting the emergency needs of end-users of standard telephone services provided under the current plan where widespread service outages occur.
Customer emergencies
The draft variation of the current plan must vary the current plan so that it includes arrangements for offering an interim service as soon as practicable, pending the connection of a new standard telephone service for the purposes of the current plan or the repair of an existing standard telephone service, to customers who require access to such a service for emergency-related reasons.
Note: An example of emergency-related reasons includes a life-threatening illness.
Definitions
In this notice:
Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.
alternative service means a service that provides a customer with access to a telephone service.
Note: An example of an alternative service is a call diversion to a mobile telephone service or to a second fixed telephone service.
customer means:
(a) a customer of Telstra; or
(b) a person who requests, or has requested, the connection of a standard telephone service from Telstra;
but does not include a carrier or a carriage service provider.
external plant facility means a facility that is:
(a) not located in a telephone exchange; and
(b) accessible by Telstra to connect a customer to a standard telephone service.
inoperative, in relation to a standard telephone service, means:
(a) an absence of dial or ring tone; or
(b) an inability to make or receive calls.
interim service means a service that satisfies the requirements (if any) specified in a written instrument made by the ACA:
(a) that provides a customer with:
(i) a service for voice telephony; or
(ii) a service equivalent to a service for voice telephony where voice telephony is not practical for a customer with a disability;
which may or may not include at the provider’s discretion a data capability or any enhanced call handling feature; and
(b) for which that customer is, or may be, charged an amount for the ongoing supply of that service at the location requested by the customer that does not exceed the amount that the customer would have been charged if the customer were supplied on request with a standard telephone service; and
(c) that is supplied to a customer:
(i) if the location requested by the customer is a remote location without infrastructure and the supply of the service is no later than 14 April 2003:
(A)for a period that does not exceed 12 months from the time of the customer’s request for the connection of a standard telephone service; or
(B)with the agreement of the customer, for a longer period; and
(ii) in any other case:
(A)for a period that does not exceed 6 months from the time of the customer’s request for the connection of a standard telephone service; or
(B)with the agreement of the customer, for a longer period.
Note: An example of the provision of an interim service is the provision of a mobile telephone service (at standard telephone service rates) to replace a standard telephone service.
remote location without infrastructure means:
(a) a site that is not within a standard zone where the site is either:
(i)not in close proximity to external plant facilities (being facilities used in the supply of a telephone service); or
(ii)in close proximity to such facilities where the facilities needed to supply the service do not have sufficient available capacity to support the service requested by the customer at the time of the request; or
(b) a site that is within a standard zone but not within:
(i)an urban centre; or
(ii)a locality or other recognised community grouping with a population equal to or greater than 200 people;
where the site is either:
(iii)not in close proximity to external plant facilities (being facilities used in the supply of a telephone service); or
(iv)in close proximity to such facilities where the facilities needed to supply the service do not have sufficient available capacity to support the service requested by the customer at the time of the request.
site means:
(a) land; or
(b) a building, or other structure, on land.
standard telephone service has the same meaning as in the Act.
standard zone has the same meaning as in section 108 of the Act.
universal service area has the same meaning as in the Act.
widespread service outage means a disruption to the operation, provisioning or maintenance of a large number of standard telephone services in a universal service area, however caused.
Note: Examples of widespread service outages are widespread outages of standard telephone services caused by natural disasters, extreme weather conditions or human error.
working day, in a location, means a day that is not a Saturday, Sunday or public holiday in the location.
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