Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011

Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011

as amended

made under subsection 117B(1) of the

Telecommunications (Consumer Protection and Service Standards) Act 1999

This compilation was prepared on 4 September 2012
taking into account amendments up to Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011 (Amendment No. 1 of 2012)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

Part 1 Preliminary 

 1 Name of instrument [see Note 1]

 2 Commencement

 3 Definitions

 4 Qualifying carriage service providers

 5 Location‑specific thresholds

Part 2 Retail Performance Benchmarks 

Division 1 Performance benchmarks 

 6 Performance benchmarks for connection period performance standard

 7 Minimum benchmarks for rectification period performance standard

 8 Performance benchmark for appointment‑keeping performance standard

Division 2 Compliance with performance benchmarks 

 9 Contravention of a performance benchmark

Notes  

Part 1 Preliminary

1 Name of instrument [see Note 1]

  This Instrument is the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011.

2 Commencement

  This Instrument commences on 1 October 2011.

3 Definitions

 (1) In this Instrument, unless the contrary intention appears:

Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

appointment‑keeping performance standard has the meaning given by subsection 8(1) of this Instrument.

connection period performance standard means in respect of an in-place connection request or a new connection request:

 (a) the standard at subsection 8(3) of the CSG Standard; or

 (b) if an arrangement of the kind mentioned in section 9 of the CSG Standard is in place—the standard provided for by that arrangement.

CSG Standard means the Telecommunications (Customer Service Guarantee) Standard 2011, as in force from time to time.

in-place connection means an in-place connection as described in item 101 of Schedule 1 to the CSG Standard.

in-place connection request means a request made by a customer to a carriage service provider for connection of a CSG service at a site that has an in-place connection.

major rural area means an urban centre or other recognised community grouping with a population greater than 2,500 but less than 10,000 people. 

minor rural area means an urban centre, locality or other recognised community grouping with a population of greater than 200 but not more than 2,500 people.

new connection request means a request made by a customer to a carriage service provider for connection of a CSG service at a site that does not have an in-place connection and that site is in close proximity to external plant and facilities that have sufficient capacity to supply the service.

qualifying carriage service provider has the meaning given by section 4 of this Instrument.

rectification period performance standard means in respect of a fault or service difficulty reported to a carriage service provider by a customer:

 (a) the standard at subsection 11(5) of the CSG Standard; or

 (b) if an arrangement of the kind mentioned in section 14 of the CSG Standard is in place—the standard provided for by that arrangement.

remote area means a geographic area which is not an urban area, major rural area or minor rural area.  

rural area means an area that is either a major rural area or a minor rural area.

urban area means an urban centre with a population equal to or greater than 10,000 people.

 (2) Unless the contrary intention appears, expressions used in this Instrument and in the CSG Standard have the same meaning in this Instrument as in the CSG Standard.

 (3) For the purposes of this Instrument, a benchmark period is:

 (a) the period from the commencement of this Instrument until the end of the financial year during which this Instrument commences; and

 (b) each later financial year.

Note 1   A number of words and expressions used in this Instrument have the meaning given by the Telecommunications Act 1997, including:

 carriage service provider

 wholesale carriage service

 wholesale customer

4 Qualifying carriage service providers

  A carriage service provider is a qualifying carriage service provider for a benchmark period if, on the last day of the financial year preceding that benchmark period, the carriage service provider supplied 100,000 CSG services or more where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services.

5 Location‑specific thresholds

 (1) For the purposes of this Instrument, a qualifying carriage service provider for a benchmark period meets the urban area services threshold for that benchmark period if, on the last day of the financial year preceding that benchmark period, the carriage service provider supplied 10,000 CSG services or more in urban areas where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services.

 (2) For the purposes of this Instrument, a qualifying carriage service provider for a benchmark period meets the major rural area services threshold for a benchmark period if, on the last day of the financial year preceding that benchmark period, the carriage service provider supplied 1000 CSG services or more in major rural areas where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services.

 (3) For the purposes of this Instrument, a qualifying carriage service provider for a benchmark period meets the minor rural area services threshold for that benchmark period if, on the last day of the financial year preceding that benchmark period, the carriage service provider supplied 1000 CSG services or more in minor rural areas where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services.

 (4) For the purposes of this Instrument, a qualifying carriage service provider for a benchmark period meets the rural area services threshold for that benchmark period if, on the last day of the financial year preceding that benchmark period, the carriage service provider supplied 1000 CSG services or more in rural areas where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services.

 (5) For the purposes of this Instrument, a qualifying carriage service provider for a benchmark period meets the remote area services threshold for that benchmark period if, on the last day of the financial year preceding that benchmark period, the carriage service provider supplied 500 CSG services or more in remote areas where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services.

Part 2 Retail Performance Benchmarks

Note 1   Under subsection 115(2A) of the Act the CSG Standard does not apply in relation to a matter concerning the supply, or proposed supply, of a wholesale carriage service. As a consequence, this Instrument does not apply to a carriage service provider to the extent that the provider supplies, or proposes to supply, a wholesale carriage service to a wholesale customer.

Note 2   The benchmarks in this Instrument only apply in relation to compliance with a performance standard to the extent that a carriage service provider is required to comply with a performance standard under the CSG Standard.

Division 1 Performance benchmarks

6 Performance benchmarks for connection period performance standard

 (1) Each of the benchmarks at subsections (2) and (3) are minimum benchmarks for the purposes of section 117B of the Act in relation to compliance by carriage service providers with the connection period performance standard.

 (2) A qualifying carriage service provider must comply with the connection period performance standard in respect of at least 90 percent of the total number of in‑place connection requests that:

 (a) are subject to the connection period performance standard; and

 (b) are required to be complied with by the carriage service provider during a benchmark period.

 (3) A qualifying carriage service provider must comply with the connection period performance standard in respect of at least 90 percent of:

 (a) if the carriage service provider meets the urban area services threshold for a benchmark period—the total number of new connection requests from customers in urban areas that:

 (i) are subject to the connection period performance standard; and

 (ii) are required to be complied with by the carriage service provider during the benchmark period; and

 (b) if the carriage service provider meets the major rural area services threshold for a benchmark period—the total number of new connection requests from customers in major rural areas that:

 (i) are subject to the connection period performance standard; and

 (ii) are required to be complied with by the carriage service provider during the benchmark period; and

 (c) if the carriage service provider meets the minor rural area services threshold for a benchmark period—the total number of new connection requests from customers in minor rural areas that:

 (i) are subject to the connection period performance standard; and

 (ii) are required to be complied with by the carriage service provider during the benchmark period; and

 (d)  if the carriage service provider meets the remote area services threshold for a benchmark period—the total number of new connection requests from customers in remote areas that:

 (i) are subject to the connection period performance standard; and

 (ii) are required to be complied with by the carriage service provider during the benchmark period

7 Minimum benchmarks for rectification period performance standard

 (1) Each of the benchmarks at subsection (2) are minimum benchmarks for the purposes of section 117B of the Act in relation to compliance by carriage service providers with the rectification period performance standard.

 (2) Subject to subsection (3), a qualifying carriage service provider must comply with the rectification period performance standard in respect of at least 90 percent of:

 (a) if the carriage service provider meets the urban area services threshold for a benchmark period—the total number of faults or service difficulties reported by customers located in an urban area that:

 (i) are subject to the rectification period performance standard; and

 (ii) are required to be rectified by the carriage service provider in the benchmark period; and

 (b) if the carriage service provider meets the rural area services threshold for a benchmark period—the total number of faults or service difficulties reported by customers located in a rural area that:

 (i) are subject to the rectification period performance standard; and

 (ii) are required to be rectified by the carriage service provider in the benchmark period; and

 (c) if the carriage service provider meets the remote area services threshold for a benchmark period—the total number of faults or service difficulties reported by customers located in a remote area that:

 (i) are subject to the rectification period performance standard; and

 (ii) are required to be rectified by the carriage service provider in the benchmark period.

 (3) In assessing compliance with the rectification period performance standard at subsections (2)(a) to (c), faults or service difficulties relating to an inoperative enhanced call handling feature on services that include an enhanced call handling feature are to be excluded from calculations required to be undertaken of the total number of faults or service difficulties reported by customers in either an urban, rural or remote area. 

Note   In calculating a carriage service provider’s compliance with the rectification period performance standard under this section it is not necessary to include a fault or service difficulty relating to an inoperative enhanced call handling feature as referred to in paragraph (f) of the definition of fault or service difficulty at section 4 of the CSG Standard.

8 Performance benchmark for appointment‑keeping performance standard

 (1) The benchmark at subsection (2) is a minimum benchmark for the purposes of section 117B of the Act in relation to compliance by carriage service providers with the standard at subsection 16(5) of the CSG Standard (appointment‑keeping performance standard).

 (2) A qualifying carriage service provider must comply with the appointment‑keeping performance standard in respect of at least 90 percent of the total number of appointments to which the carriage service provider is a party that:

 (a) are subject to the appointment‑keeping performance standard; and

 (b) are required to be kept by the carriage service provider during a benchmark period.

Division 2 Compliance with performance benchmarks

9 Contravention of a performance benchmark

  Each instance of a carriage service provider failing to meet or exceed any one of the performance benchmarks in sections 6, 7 or 8 constitutes a separate contravention of the relevant performance benchmark.

Notes to the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011

Note 1

The Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011 (in force under subsection 117B(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Table of Amendments