Notice of the determination of implementation dates under section 106 of the Telecommunications Numbering Plan 2015
In accordance with section 107 of the Telecommunications Numbering Plan 2015 (the Numbering Plan), the Australian Communications and Media Authority (the ACMA) hereby gives notice that it has determined the date occurring immediately after the period ending 44 business days from the date of this notice to be the implementation date in respect of all portable services and in respect of all carriers and carriage service providers, as those terms are defined in the Numbering Plan. This date is 1 September 2017.
In making this determination, the ACMA has had regard to each of the matters listed in subsection 106(2) of the Numbering Plan.
Explanatory note
Under the Telecommunications Act 1997 (the Act), the ACMA must, by legislative instrument, make a plan for the numbering of carriage services in Australia and the use of numbers in connection with the supply of such services. Accordingly, the ACMA’s predecessor agency, the Australian Communications Authority (ACA), made the Telecommunications Numbering Plan 1997 (the old Numbering Plan), in December 1997. As, in accordance with the Legislation Act 2003, the old Numbering Plan was due to sunset on 1 October 2015, the ACMA made the Telecommunications Numbering Plan 2015 (the Numbering Plan), which repealed and replaced the old Numbering Plan from 1 August 2015.
Under the Act, the ACMA is required to include rules about portability in the Numbering Plan that are consistent with any directions given to it by the Australian Competition and Consumer Commission (ACCC). Further information about the directions that have been given to the ACMA from the ACCC can be found here. Relevantly, these directions required the ACMA to include numbering portability requirements in the Numbering Plan in relation to four types of portable services—local services, freephone services, local rate services and public mobile telecommunications services (other than satellite telephone services). The ACMA is also required to determine the date by which carriers and carriage service providers must implement number portability in respect of these services under the Numbering Plan.
Under the old Numbering Plan, the ACA determined the following implementation dates by which each carriers and carriage services provider must comply with the numbering portability obligations contained in the Numbering Plan:
> local services—1 January 2000
> freephone services and local rate services—16 November 2000
> public mobile telecommunication services (other than satellite telephone services)—25 September 2001.
In accordance with the old Numbering Plan, carriers and carriage services providers providing these portable services were required to comply with the number portability obligations set out in Chapter 11 of the old Numbering Plan from these dates.
It has always been intended that the change from the old Numbering Plan to the Numbering Plan should have no effect on the implementation of numbering portability provisions (see the explanatory statement to the Numbering Plan. However, in order to avoid any doubt about the prospective application of the number portability provisions in the Numbering Plan, the ACMA is giving this notice and setting the implementation date of 1 September 2017 referred to above.
The ACMA notes that number portability is also governed by, and required to be provided under, three industry codes registered by the ACMA under Part 6 of the Act, being the:
> Inbound Number Portability Industry Code C657:2015
> Local Number Portability Industry Code C540:2013
> Mobile Numbering Portability Industry Code C570:2009.
Those codes have applied, and continue to apply, to bind carriers and carriage service providers in relation to number portability in accordance with their terms.
Overview
The Telecommunications Numbering Plan 2015 was enacted to update the existing regulatory framework for telecommunications numbering in Australia, addressing the need to modernise and streamline the process of assigning and managing telecommunications numbers. This legislative instrument was introduced by the Australian Communications and Media Authority (ACMA) in accordance with the Telecommunications Act 1997. The primary policy objective of the Numbering Plan is to ensure a consistent and efficient system for the allocation of telecommunications numbers, facilitating the implementation of number portability across various services. By setting specific implementation dates, the legislation aims to provide clarity and certainty to carriers and service providers regarding the adoption of new numbering practices, thereby enhancing consumer choice and competition in the telecommunications sector.
Scope and Application
The Telecommunications Numbering Plan 2015, as implemented by the Australian Communications and Media Authority (ACMA), sets out the requirements for numbering portability in Australia, applying to all carriers and carriage service providers offering specified portable services, including local services, freephone services, local rate services, and public mobile telecommunications services (excluding satellite telephone services). The plan mandates these entities to implement number portability by the determined implementation date of 1 September 2017, ensuring a seamless transition from the old Numbering Plan of 1997. This legislative framework, governed by the Telecommunications Act 1997, not only establishes the rules for the numbering of carriage services but also incorporates portability requirements as directed by the Australian Competition and Consumer Commission (ACCC). Additionally, the implementation of these provisions is further regulated by industry codes, such as the Inbound Number Portability Industry Code, Local Number Portability Industry Code, and Mobile Numbering Portability Industry Code, which continue to apply to relevant carriers and providers.
Key Provisions
The main operative sections of this legislation are sections 106 and 107 of the Telecommunications Numbering Plan 2015 (Numbering Plan), which govern the implementation date of number portability for various services and the process by which this date is determined by the Australian Communications and Media Authority (ACMA). Section 106(2) of the Numbering Plan outlines the matters the ACMA must consider when determining the implementation date, while section 107 provides for the ACMA to give notice of this determination. The ACMA has exercised its power under these sections to set 1 September 2017 as the implementation date for all portable services and for all carriers and carriage service providers, as defined in the Numbering Plan. This date is 44 business days after the notice of the determination was issued.
The obligations and requirements imposed by the Act on the parties or entities it governs are primarily found in the Numbering Plan and the associated industry codes. Carriers and carriage service providers must comply with the number portability obligations set out in the Numbering Plan from the implementation date of 1 September 2017. These obligations include ensuring that customers can retain their existing telephone numbers when switching between service providers, as governed by the Inbound Number Portability Industry Code C657:2015, the Local Number Portability Industry Code C540:2013, and the Mobile Numbering Portability Industry Code C570:2009. The ACMA is responsible for overseeing the implementation and enforcement of these requirements.
Any offences, penalties, or civil/criminal consequences for breach of the provisions of the Numbering Plan are not explicitly stated in the text of this notice. However, under the Telecommunications Act 1997 (the Act), the ACMA has the power to take enforcement action against carriers and carriage service providers that fail to comply with the Numbering Plan or the industry codes. This may include fines, corrective notices, or other civil remedies. In serious cases, criminal penalties may also apply. The specific penalties for non-compliance are determined by the ACMA in accordance with the Act and the relevant industry codes.