Commonwealth of Australia
Telecommunications (Consumer Protection
and Service Standards) Act 1999
Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999 (Amendment No. 1 of 2001)
I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, Information Technology and the Arts, make the following Direction under section 124 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and subsection 33(3) of the Acts Interpretation Act 1901.
Dated 28 August 2001.
RICHARD ALSTON
Minister for Communications, Information Technology and the Arts
_________________________________________________________
1 Name of Direction
This Direction is the Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999 (Amendment No. 1 of 2001).
2 Commencement
This Direction commences on gazettal.
3 Variation
The Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999 made by the Minister on 11 December 1999 and notified in the Gazette on 4 January 2000 is varied as set out in Schedule 1 to this Direction.
Schedule 1 Amendments
(clause 3)
[1] Clause 4, after the definition of Act
insert
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 a second fixed telephone service.
[2] Clause 4, definition of CSG service and following Note
omit
19(1)(a)
substitute
9(1)(a)
[3] Clause 4, definition of designated basic rate ISDN service
omit
12A(4)
substitute
10E (4)
[4] Clause 4, definition of external plant facility
substitute
external plant facility means a facility that is:
(a) not located in a telephone exchange; and
(b) accessible by a carriage service provider to connect a customer of the carriage service provider to a standard telephone service.
[5] Clause 4, definition of interim service
substitute
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 CSG 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.
[6] Clause 4, after the definition of public mobile telecommunications service
insert
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.
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.
[7] Clause 4, after the definition of specified service
insert
standard zone has the same meaning as in section 108 of the Act.
[8] Note: Definitions (at the end of Part 1)
omit
- approved universal service plan
substitute
- approved standard marketing plan
- primary universal service provider
- service obligation
- universal service area
[9] Subclause 6(3)
substitute
(3) Before making a performance standard, the ACA may consult, as appropriate, with the telecommunications industry and groups representing consumers of carriage services.
[10] Clause 8
omit the clause
[11] Paragraph 10(2)(b)
omit
approved universal service plan for the area
substitute
approved standard marketing plan for a primary universal service provider for the universal service area in respect of a service obligation
[12] Subclauses 22(2) and (3)
substitute
(2) Performance standards must provide that they do not apply where:
(a) a carriage service provider has made a reasonable offer to supply the customer with an interim service or an alternative service; and
(b) the customer has refused to accept the supply of the interim service or alternative service.
Note: The ACA may make a written determination specifying what constitutes a reasonable offer of an interim service or an alternative service for the purposes of paragraph (2)(a).
(3) Performance standards must provide that they do not apply where:
(a) a carriage service provider offers a customer an interim service and an alternative service; and
(b) in making this offer, the carriage service provider supplies sufficient information to the customer about the functionality of each service and 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; and
(c) the customer accepts the offer of an alternative service.
Note: The ACA may make a written determination specifying what constitutes sufficient information for the purposes of paragraph (3)(b).
(4) Performance standards must provide that, in relation to the period beginning at the commencement of standards made to comply with this Direction and ending at the end of 14 April 2003, a carriage service provider may not, in the absence of the agreement of a customer in a remote location without infrastructure, supply the customer with an interim service for a period exceeding 12 months from the time of the customer’s request for the connection of a standard telephone service.
(5) Performance standards must provide that a carriage service provider may not, in circumstances where subclause (4) does not apply and in the absence of the agreement of a customer, supply the customer with an interim service for a period exceeding 6 months from the time of the customer’s request for the connection of a standard telephone service.
[13] Part 2 of Schedule 1, paragraph 2(b)
omit
urban centre, locality
substitute
urban centre
[14] Part 2 of Schedule 1, paragraphs 2(c) and (d)
substitute
(c) if paragraphs (a) and (b) do not apply to the site at which a customer wishes a specified service to be connected—within 15 working days of the customer’s request.