Trade Practices Act 1974 Class Exemption Determination No. 3 of 2008 (Cth)

Class Exemption Determination No. 3 of 2008

as amended

made under subsection 152AS(1) of the

Trade Practices Act 1974

This compilation was prepared on 12 February 2010

taking into account amendments up to Class Exemption (Variation) Determination No. 3 of 2009.

Prepared by the Australian Competition and Consumer Commission, Canberra

CLASS DETERMINATION in respect of the PSTN OA

TRADE PRACTICES ACT 1974

Determination under subsection 152AS(1)

by the Australian Competition and Consumer Commission

Class exemption from standard access obligations

in respect of PSTN OA

1. Title [see Note 1]

This Determination may be cited as Class Exemption Determination No. 3 of 2008.

2. Commencement and Expiry

(1)This Determination comes into effect on 29 October 2009.

(2)This Determination will expire

(a)five years after 9 September 2009; or

(b)upon revocation of either the PSTN OA Declaration or the ULLS Declaration, whichever first occurs.

3. Interpretation

(1)Unless the contrary intention appears, where the words of phrases used in this Determination are defined in the Act, the Telecommunications Act1997, or the instrument declaring the declared service, those words or phrases have the same meaning in this Determination.

(2)In this Determination, unless the contrary intention appears –

ACMA means the Australian Communications and Media Authority.

Attachment A ESAs means the ESAs listed in Attachment A to this Determination.

Carrier or Carriage Service Provider Specific Access Code means:

i.an international Special Service Code (an 001X or 009X code or other equivalent code determined by ACMA); or

ii.a VPN Access Code (an 188X code or other equivalent code determined by ACMA)

Commission means the Australian Competition and Consumer Commission.

Declared Service means PSTN OA.

Exchange Service Area or ESA has the meaning given to that phrase by the Australian Communications Industry Forum Limited definition in ACIF C559:2006, Part 1.

Exemption ESA List means the list of Exemption ESAs published by the Commission on its website pursuant to paragraph 6.1(b) of the Australian Competition Tribunal’s 2009 PSTN OA Metropolitan Individual Exemption Order dated 9 September 2009.

International Special Service Code means a special services number (access code) in Part 2 of Schedule 4 of the Telecommunications Numbering Plan 1997 (described in clause 3.18 of that instrument) as amended from time to time.

PSTN OA means the Domestic PSTN Originating Access service declared by the Commission under subsection 152AL(3) of the Act pursuant to the PSTN OA Declaration.

PSTN OA Declaration means the declaration made by the Commission under section 152AL(3) of the Act in respect of the Domestic PSTN OA with effect from 1 August 2006 and published in the Commonwealth of Australia Gazette No. GN 31 of 9 August 2006, as varied from time to time.

Note: The Commission may extend or further extend the expiry date of the PSTN OA Declaration under subsection 152ALA(4) of the Act.

Special Services Global Code means:

a.    a freephone service code (180X code)

b.    a charge card service code (189XX code)

c.    an information service code (190X code);

d.    a 13 and 1300 code; and

e.    other equivalent or replacement codes determined by ACMA.

Specified Class of Carriage Service Provider means the class of carriage service provider specified in Item 5 of this Determination.

Specified Class of Carrier  means the class of carrier specified in Item 4 of this Determination.

Standard Access Obligations means the standard access obligations in section 152AR of the Act.

Telstra means Telstra Corporation Limited (ACN 051 775 556)

the Act means the Trade Practices Act 1974.

ULLS means the Unconditioned Local Loop Service declared by the Commission under subsection 152AL(3) of the Act pursuant to the ULLS Declaration.

ULLS Declaration means the declaration made by the Commission under section 152AL(3) of the Act in respect of the ULLS with effect from 1 August 2006 and published in the Commonwealth of Australia Gazette No. GN31 of 9 August 2006, as varied from time to time.

Note: The Commission may extend or further extend the expiry date of the ULLS Declaration under subsection 152ALA(4) of the Act.

VPN Access Code means a special services number (access code) in Part 4 of Schedule 4 to the Telecommunications Numbering Plan 1997 (described in clause 3.20 of that instrument) as amended from time to time.

1. Specified class of carrier

The class of carrier which is specified for the purpose of this Determination is the class of all carriers except Telstra.

5. Specified class of carriage service provider

The class of carriage service provider which is specified for the purpose of this Determination is the class of all carriage service providers except Telstra.

Exemption: CBD areas

6. Each member of the Specified Class of Carrier and each member of the Specified Class of Carriage Service Provider is exempt from the Standard Access Obligations in respect of the supply of PSTN OA within the Attachment A ESAs, except where PSTN OA is being provided in conjunction with a call dialled using a Special Services Global Code or a Carrier or Carriage Service Provider Specific Access Code.

Exemption: Metropolitan areas

7. Subject to paragraphs 8 and 9, each member of the Specified Class of Carrier and each member of the Specified Class of Carriage Service Provider is exempt from the Standard Access Obligations in respect of the supply of PSTN OA within those ESAs included in the list of Exemption ESAs published by the Commission on its website pursuant to paragraph 6.1(b) of the Australian Competition Tribunal’s 2009 PSTN OA Metropolitan Individual Exemption Order dated 9 September 2009.

8. The Exemption does not have effect where PSTN OA is being provided in conjunction with a call dialled using a Special Services Global Code or a Carrier or Carriage Service Provider Specific Access Code.

9. The Exemption does not have effect with respect to a particular ESA until 6 months after the publication date of the Exemption ESA List on which that ESA first appears.

ATTACHMENT A

Table 2: CBD ESAs

ESA Code	ESA NAME	STATE
BATM	BATMAN	VIC
BWER	BULWER	WA
CHLT	CHARLOTTE	QLD
CYSH	CITY SOUTH	NSW
DALL	DALLEY	NSW
EDSN	EDISON	QLD
EXHN	EXHIBITION	VIC
FLNF	FLINDERS	SA
HMKT	HAYMARKET	NSW
KNST	KENT	NSW
LONS	LONSDALE	VIC
PIER	PIER	WA
PITT	PITT	NSW
RASH	ROMA STREET	QLD
SGHL	SPRING HILL	QLD
WAYM	WAYMOUTH	SA
WLTE	WELLINGTON	WA

Notes to the Class Exemption Determination No. 3 of 2008

Note 1

The Class Exemption Determination No. 3 of 2008 (in force under subsection 152AS(1) of the Trade Practices Act 1974) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	Date of FRLI registration	Date of commencement	Application, saving or transitional provisions
Class Exemption Determination No. 3 of 2008	25 Nov 2008 (see F2008L04332)	29 Oct 2009
Class Exemption (Variation) Determination No. 3 of 2009	20 Nov 2009 (see F2009L04296)	18 Nov 2009	—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
Paragraph 2(2).....................	rs. F2009L04296
Paragraph  3(2)....................	am. F2009L04296
Paragraph  6.........................	rs. F2009L04296
Paragraph  7.........................	ad. F2009L04296
Paragraph  8.........................	ad. F2009L04296
Paragraph  9.........................	ad. F2009L04296
Attachment A, Table 1.........	rep. F2009L04296