Digital Data Service Provider Declaration 1999 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2004B00480 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Telecommunications (Consumer Protection and Service Standards) Act 1999

 

Digital Data Service Provider Declaration 1999 (No. 1)

 

Issued by the authority of the Minister for Communications, Information Technology and the Arts

 

Part 2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (the Act) establishes a universal service regime for Australian telecommunications.  The main object of the regime is to ensure that all people in Australia, wherever they reside or carry on business, should have reasonable access on an equitable basis to: standard telephone services; payphones; prescribed carriage services; and digital data services.

 

Subsection 12A(1) of the Act provides that for the purposes of the Act, a digital data service is general digital data service or a special digital data service.

 

Subsection 12A(2) of the Act provides that a general digital data service (GDDS) is a carriage service that provides a digital data capability broadly comparable to that provided by a data channel with a data transmission speed of 64 kilobits per second (kbps) supplied to end-users as part of the designated basic rate Integrated Services Digital Network (ISDN) service.

 

Subsection 12A(4) of the Act defines the term ‘designated basic rate ISDN service’ to mean the basic rate ISDN service that Telstra actually supplied immediately before 1 July 1997, that service being Telstra’s ISDN service, that is compliant with European Telecommunications Standards Institute (ETSI) standards.  The GDDS can be likened to the ISDN service currently available to 96% of the Australian population, as required by licence condition imposed under paragraph 66(1)(b) of the Telecommunications Act 1997.

 

Subsection 12A(3) of the Act provides that a special digital data service (SDDS) is a carriage service that provides for a capability for the delivery of digital data to an end-user broadly comparable to the corresponding capability provided by a data channel with a data transmission speed of 64kbps supplied to end-users as part of the designated basic rate ISDN service.

 

The SDDS can be likened to an asymmetrical service that provides via satellite a data capability as the down link (to the end-user) that is broadly comparable to 65 kbps, with a lesser data rate service for the other direction (from the end-user).  Nothing in subsection 12A(3), however, is intended to prevent a symmetric satellite service (that is, one capable of providing the same data transmission capability in both directions) or any other technological solution from meeting the requirements of subsection 12A(3).

 

Subsection 26A(1) of the Act provides for the Minister to make a written declaration stating that a specified carrier is a general digital data service provider (GDDSP) for a specified general digital data service area (GDDSA).  The Minister may determine a service area to be a GDDSA under section 19B of the Act.

 

Section 15 of the Act establishes that regardless of size, a digital area service area is a geographical area within Australia; or any area of land; or any premises or part of premises.

 

Subsection 26A(2) of the Act provides for the Minister to make a written declaration stating that a specified carrier is a special digital data service provider (SDDSP) for a specified special digital data service area (SDDSA).  The Minister may determine an area to be a SDDSA under section 19C of the Act.

 

Part 2, Division 3A of the Act (digital data service providers) provides for more than one GDDSP to be declared a for a specified GDDSA, and for more than one SDDSP to be declared for a specified SDDSA.

 

The accompanying declaration has been made for the purposes of subsections 26A(1) and (2) of the Act.  The declaration provides for Telstra to be declared as a GDDSP for the GDDSA, ascertained in accordance with the Schedule to the Digital Data Service Areas Determination 1999 (No. 1).  The declaration also provides for Telstra to be declared as a SDDSP for the SDDSA.

 

Subsection 26A(9) of the Act provides that an instrument under subsections (1) or (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.  The accompanying determination must therefore be published in the Commonwealth Gazette, tabled in Parliament and will be subject to Parliamentary disallowance.

 

Details of the accompanying Declaration are as follows:

 

Section 1 Citation

 

Section 1 provides that the name of the accompanying Declaration is the Digital Data Service Provider Declaration 1999 (No. 1)

 

Section 2 Commencement

 

Section 2 provides that the accompanying Declaration commences on gazettal.

 

Section 3 Interpretation

 

Section 3 provides interpretation for the key terms in the accompanying Declaration.

 

Section 4 – General digital data service provider

 

Section 4 specifies Telstra to be a GDDSP for those areas determined in accordance with section 4 of the Digital Data Service Areas Determination 1999 (No. 1) to be GDDSA areas.

 

Telstra is required, through its carrier licence condition, to be in a position to make available, within 90 days of a request, a carriage service that provides a digital data capability broadly comparable to that provided by a data channel with a data transmission speed of 64 kilobits per second supplied to end-users as part of the designated basic rate ISDN service to at least 96% of the Australian population by 31 December 1998.

 

It is expected that Telstra will use its ISDN service to fulfil the GDDS obligation.

 

The Schedule to the Digital Data Service Areas Determination 1999 (No. 1) comprises two tables.  Table A is a list of ISDN compatible Telstra telephone exchanges in metropolitan areas (metropolitan areas), and table B is a list of ISDN compatible Telstra telephone exchanges in country areas (country areas).  In metropolitan areas ISDN is available up to a radius of 4 kilometres from the exchange and in country areas ISDN is available up to a radius of 6 kilometres from the exchange.

 

However, there are a limited number of exemptions to ISDN being accessible to a telephone service within the metropolitan areas and country areas.  These exemptions apply when the connection which would be used to supply the GDDS to the location:

 

  • incorporates subscriber line conditioning equipment, such equipment includes:

 

-                Signalling Loop Extenders, that provide a DC battery boost to the customer’s copper pair service for signalling, and also provides a ring boost for long customers lines;

-                Hybrid Amplifiers, that provide amplification and equalisation when the standard attenuation losses on a line are exceeded, and

-                Negative Impedance Repeaters, that provide a voice frequency amplification.

 

  • Incorporates a Pair Gain System (PGS), such systems include: analogue carrier 1+1 FM system described below; analogue concentrator (MLC and LLC) described below; digital multiplexer (2DPGS & 4DPGS) described below; and digital multiplexer/concentrator (DCS20 and RCM) described below.

 

-                1 + 1 (FM) System uses frequency modulation to derive a second service over a single pair of copper conductors.  The system allows two customers known as the Physical and Carrier to make simultaneous calls, or the one customer to have two services;

-                Mini Line Concentrator (MLC) is an analogue concentrating unit of 16 lines and 6 trunks that allows up to 16 customer lines to be supplied from 6 exchange lines;

-                Large Line Concentrator (LLC) has up to 96 lines and 16 trunks allowing up to 96 customer lines to be supplied from 16 exchange lines;

-                2 Channel Digital Pair Gain System (2DPGS) is where a single copper pair is used to provide 2 voice channels, using a digital transmission system (this may be for separate customer services, or one customer with multiple services);

-                4 Channel Digital Pair Gain System (4DPGS) is where a single copper pair is used to provide 4 voice channels, using a digital transmission system (this may be for separate customer services, or one customer with multiple services);

-                Digital Concentrator System (DCS-20) which is a multiplexing concentrator in 120 line modules, voice services are concentrated at the remote unit and transmitted on a digital bearer to the exchange unit where the process is reversed; and

-                Remote Customer Multiplexer (RCM) which uses a 2MBits multiplexing device that transparently delivers 30 voice services.

-                Analogue Radio System is where two categories of customers are served by analogue radio systems, that that have dedicated point to point radio systems, and those that have a common multi channel base station and use concentration of channels to deliver the customers voice channel; and

-                Digital Radio Systems described below:

: Fixed Radio Access (FRA) that is a line of sight radio system capable of providing up to two voice channels over a 40 kilometres distance, depending on terrain;

: Digital Radio Concentrator System (DRCS) that is a digital multi channel based radio concentrating system; and

: High Capacity Radio Concentrator (HCRC) that is a larger capacity digital multi channel based radio concentrating system.

Should the GDDSP wish to be exempted from providing a GDDS in a metropolitan area or a country area, for a reason other than those exemptions listed above, the GDDSP will need to apply to the Australian Communications Authority (ACA) for such an exemption.  The ACA in making a certification for location to be classed as a SDDSA should have regard to whether it would be unreasonable to require a GDDSP to provide the GDDS to the location.

Section 5 – Special digital service provider

Section 5 specifies Telstra to be a SDDSP for those areas determined under the Digital Data Service Areas Determination 1999 (No.1) to be SDDSAs.

The SDDSAs includes all those areas of Australia not covered by the GDDSA (the remaining 4% of the Australian population).

It is envisaged that not all areas in the SDDSA will be able to be provided with a SDDS from day one.  A SDDSP is required to provide to the Minister, within 90 days of being declared a SDDSP, a SDDS Plan.

Section 40B of the Act provides that a SDDS Plan for the SDDSA is a plan that sets out how a SDDSP will progressively fulfil its SDDS obligation.  The Plan must therefore indicate how the SDDSP proposes to meet its digital data service obligation by, for example, rolling out additional network infrastructure by a certain date.

 

 

 

 

Overview

The Telecommunications (Consumer Protection and Service Standards) Act 1999 (the Act) was enacted to establish a universal service regime for Australian telecommunications, ensuring all Australians have reasonable access to standard telephone services, payphones, prescribed carriage services, and digital data services. The Act was introduced to address the gap in equitable access to telecommunications services across the country, particularly in remote and rural areas. Enacted by the Parliament of Australia, the Act aims to provide policy objectives such as equitable access, consumer protection, and service standards in the telecommunications sector. Under Part 2 of the Act, the Minister for Communications, Information Technology and the Arts is empowered to declare a specified carrier as a general digital data service provider (GDDSP) or a special digital data service provider (SDDSP) for designated areas, ensuring the provision of digital data services comparable to the basic rate Integrated Services Digital Network (ISDN) service to the majority of the population, with provisions for satellite and other technological solutions to cater to areas not covered by the ISDN service. The Digital Data Service Provider Declaration 1999 (No. 1) further refines the implementation of the Act by specifying Telstra as both a GDDSP and an SDDSP for particular areas, subject to certain conditions and exemptions. The declaration mandates Telstra to provide GDDS to at least 96% of the Australian population within specified metropolitan and country areas, while also requiring SDDS plans for areas not covered by GDDS. This declaration, made under the authority of the Minister, is subject to disallowance by Parliament and must be published and tabled accordingly. The accompanying Digital Data Service Areas Determination 1999 (No. 1) provides detailed specifications on the geographical coverage and technical requirements for these services, including exemptions for certain types of subscriber line conditioning equipment and Pair Gain Systems.

Scope and Application

The Telecommunications (Consumer Protection and Service Standards) Act 1999, specifically Part 2, is designed to ensure that all people in Australia have reasonable access to various telecommunications services, including standard telephone services, payphones, prescribed carriage services, and digital data services. This Act applies to digital data services providers, including Telstra, who are required to offer general digital data services (GDDS) and special digital data services (SDDS) to specified areas within Australia. The geographic scope of this Act is nationwide, covering metropolitan and country areas. However, Telstra is exempt from providing GDDS in certain locations due to specific technical limitations, such as the presence of subscriber line conditioning equipment or Pair Gain Systems, among others. The Act extends its application through subordinate instruments, such as the Digital Data Service Areas Determination 1999 (No. 1), which specifies the areas for which GDDS and SDDS must be provided. The Minister has the authority to declare carriers as GDDS or SDDS providers for specified areas, and these declarations are subject to disallowance by Parliament. This Act, therefore, provides a framework for ensuring equitable access to digital data services across Australia while allowing for certain exemptions based on technical constraints.

Key Provisions

The Telecommunications (Consumer Protection and Service Standards) Act 1999 (the Act) sets out key provisions for ensuring that all Australians have reasonable access to specified telecommunications services, including standard telephone services, payphones, prescribed carriage services, and digital data services. Section 12A defines the types of digital data services, distinguishing between general digital data services (GDDS) and special digital data services (SDDS). GDDS is a service comparable to a data channel with a transmission speed of 64 kilobits per second supplied to end-users as part of the designated basic rate Integrated Services Digital Network (ISDN) service. SDDS, on the other hand, is a service that provides for the delivery of digital data to an end-user with capabilities comparable to a 64kbps data channel supplied to end-users as part of the designated basic rate ISDN service, but allows for asymmetrical service, such as satellite services, provided the downlink meets the specified speed. Sections 26A(1) and 26A(2) of the Act empower the Minister to declare a carrier as a GDDS provider (GDDSP) or a SDDS provider (SDDSP) for specified geographical areas. The accompanying Digital Data Service Provider Declaration 1999 (No. 1) declares Telstra as both a GDDSP and a SDDSP for specified areas. Telstra is required to provide GDDS to at least 96% of the Australian population within 90 days of a request, using its ISDN service, as detailed in the Digital Data Service Areas Determination 1999 (No. 1). For areas not covered by GDDS, Telstra must submit a SDDS Plan to the Minister within 90 days of being declared a SDDSP, outlining how it will progressively fulfil its SDDS obligation. The Act imposes obligations on declared GDDSPs and SDDSPs, such as Telstra, to ensure that they provide the specified digital data services to the required areas and populations within stipulated timeframes. GDDSPs must make GDDS available to at least 96% of the Australian population, while SDDSPs must progressively provide SDDS coverage as outlined in their SDDS Plan. Failure to comply with these obligations may result in regulatory action by the Australian Communications Authority (ACA) and potential penalties. The Act also includes provisions for exemptions from providing GDDS in certain circumstances, such as when subscriber line conditioning equipment or Pair Gain Systems are involved. However, any additional exemptions must be applied for and granted by the ACA. Non-compliance with the Act's provisions may result in enforcement actions, fines, or other penalties as stipulated under the relevant legislative framework. The exact penalties for non-compliance can vary but are typically severe enough to ensure adherence to the Act's requirements.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.