EXPLANATORY STATEMENT
Issued by the authority of the Australian Communications Authority
TELECOMMUNICATIONS (EMERGENCY CALL SERVICE)
AMENDMENT DETERMINATION 2005 (No.1)
Background
The Telecommunications (Emergency Call Service) Amendment Determination 2005 (No.1) (‘the Amendment Determination’) amends the Telecommunications (Emergency Call Service) Determination 2002 (‘the Determination’).
The Determination was made under subsection 147 (1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (the TCPSS Act) which requires that the Australian Communications Authority (ACA) must make a written determination imposing requirements on carriers, carriage service providers and/or emergency call persons in relation to the emergency call service.
Subsection 147(9) of the TCPSS Act requires that, before making a determination, the ACA must consult representatives of each of the following groups:
- carriers;
- carriage service providers;
- recognised persons who operate an emergency call service;
- emergency service organisations;
- consumers of standard telephone services.
In accordance with subsection 147(9) of the TCPSS Act, a draft Amendment Determination was released for public comment in June 2004. Comments were received and considered for the final amendment.
This Amendment Determination is to be read in conjunction with the Telecommunications (Emergency Call Persons) Determination 1999, which specifies both Telstra and the National Relay Service (NRS) provider as national providers of emergency call services (that is, emergency call persons).
The emergency numbers 000, 112 and 106 are specified in the Telecommunications Numbering Plan 1997 (the Plan) as the numbers to be used for access to emergency services. Telstra has responsibility for providing the service which answers calls to the emergency numbers 000 and 112, and transfers them, with relevant associated information, to the requested emergency service organisation. The NRS provider has the same responsibility with regard to the emergency service number 106. At the commencement of the Amendment Determination, the provider of the NRS was Australian Communication Exchange Ltd (ACE). The emergency service number 106 is the text based emergency call service for people with speech or hearing impairments.
The ‘emergency call service’ is defined in section 7 of the Telecommunications Act 1997 and ‘emergency service organisation’ in subsection 147(11) of the TCPSS Act. In summary, the emergency call person can only connect callers to a police, fire or ambulance service, or a service for dispatching a police, fire or ambulance service.
Outline
The Amendment Determination contains various amendments designed to:
- clarify existing requirements or obligations to remove confusion and provide regulatory certainty to industry participants;
- recognise and support current practices designed to improve the efficiency of the emergency call service;
- reflect technological advances in the capacity to access 000 from certain GSM handsets;
- update references to documents that have recently been revised or amended; and
- correct a small number of drafting inaccuracies.
After consultation with the Office of Regulation Review, the ACA was advised that a regulatory impact statement was not required as the amendments are of minor and machinery of government nature, and do not substantially alter existing arrangements
Notes of Sections
1. Name of Determination
This Determination is the Telecommunications (Emergency Call Service) Amendment Determination 2005 (No.1).
2. Commencement
The Amendment Determination commences on the day after it is registered.
3. Amendment of Telecommunications (Emergency Call Service) Determination 2002
Schedule 1 contains amendments to the Telecommunications (Emergency Call Service) Determination 2002.
Notes on Schedule 1
Amendment [1] Subsection 8(2), After example 4
Section 8 applies to a carriage service provider who supplies a standard emergency telephone service. Subsection 8(2) stipulates that a carriage service provider must not supply the service if the provider has no arrangements, in writing, for dealing with emergency calls using the service. Examples of written arrangements for dealing with emergency calls are listed in four notes under subsection 8(2).
Amendment [1] adds a fifth example relating to arrangements to ensure that calls originating from a satellite service that are transferred to an Australian-based terrestrial network are delivered to a point where calls can be answered by the relevant emergency call person.
Amendment [2] After subsection 10(2)
Section 10 places obligations on carriage service providers that supply standard emergency telephone services to supply the end-users of such services with access to an emergency call service.
Subsection 10(2) makes provision for access for a call from a standard telephone service using the primary emergency service number 000; subsection 10(3) makes provision for access from a public mobile telecommunications service using GSM technology using the emergency service number 112; and subsection 10(4) makes provision for access from a public mobile telecommunications service other than those using GSM technology (for example, on CDMA mobile services) using the emergency service number 112.. The existing obligation under subsection 10 (3) of the Determination does not apply to satellite services as they do not generally fall within the definition of a public mobile telecommunications service.
Amendment [2] creates a subsection, 10(2A), that requires a carriage service provider that is supplying a standard emergency telephone service by means of a satellite service to provide end-users of that service with access to the emergency call service operated by the emergency call person for 000 and 112 under two circumstances. First, the carriage service provider must provide an end-user with access to the emergency call person if the end-user dials 000 and the call is transferred to an Australian-based terrestrial network. Second, the carriage service provider must provide an end-user with access to the emergency call person if the end-user uses 112 and the handset used for the satellite service is capable of being used to access a GSM public mobile telecommunications service and the call is transferred to an Australian based terrestrial network.
By specifying the circumstances in which access to the emergency call service must be provided from satellite services, the new obligation takes into account the technical limitations inherent to satellite services that may prevent access to the emergency call service being provided from satellite services. Circumstances in which calls may not be transferred to an Australian terrestrial network include where a global or regional satellite service routsroutes calls through a ground station in a country other than Australia.
Amendment [3] After subsection 10(5), including the note
Section 10 places obligations on carriage service providers that supply standard emergency telephone services to supply the end-users of such services with access to an emergency call service.
Subsection 10(5) makes provision for access to the emergency call person (the National Relay Service provider) for a call to the emergency service number 106 using a carriage service that is a standard telephone service for the purpose of communication for an end user with a disability (such as an end-user with a hearing impairment.)
Amendment [3] creates a subsection, 10(5A), that places an obligation on a satellite service provider to provide an end-user with access to the text-based emergency call service operated by the emergency call person for calls to 106 if the satellite service is capable of supporting a call using that emergency service number and the call is transferred to an Australian-based terrestrial network.
By specifying the circumstances in which access to the emergency call service from the emergency service number 106 must be provided from satellite services, the new obligation takes into account the technical limitations inherent to satellite services that may prevent access to the emergency call service being provided from satellite services in all circumstances.. Circumstances in which calls may not be transferred to an Australian terrestrial network include where a global or regional satellite service routsroutes calls through a ground station in a country other than Australia.
Amendment [4] After subsection 10(6)
Section 10 places obligations on carriage service providers that supply standard emergency telephone services to supply the end-users of such services with access to an emergency call service.
Amendment [4] creates an additional subsection that makes an exception to the general obligation to provide access to the emergency call service. If the carriage service provider’s technical ability to provide that access is affected by a matter beyond its control, then the general obligation does not apply.
Amendment [4] also notes an inclusive list of examples of matters that are beyond the control of the service provider and which may affect the provider’s technical ability to provide access to the emergency call service. The list includes failure of customer equipment or network equipment at the end-user’s premises because of mains power outage. Such equipment may include cordless telephones and customer equipment associated with Voice over Internet Protocol (VoIP) and Integrated Services Digital Network (ISDN) services. The note also refers to failure of in-building wiring and failures that arise as a consequence of physical damage caused by third-parties or by environmental factors. The final matter listed that may affect the provider’s ability to give an end-user access to an emergency call service is a bar on the emergency call service being imposed by the end-user.
Amendment [5] Section 11
Section 11 has provided for situations where an end-user is prevented from having access to an emergency call service due to a bar being applied to a standard emergency telephone service at the request of the lessee of the service. The provision provided that in circumstances where a customer-initiated bar prevents an end-user from access to the emergency call service, the carriage service provider is not required to carry an emergency call service but is required to inform the lessee or agent writing that access to the emergency call service is not available on that service.
Amendment [5] repeals section 11. As a consequence, in circumstances where a customer initiates a bar to a standard telephone service, for example to prevent international calls or access to premium call services, the carriage service provider will be required to carry an emergency call from the service.
Amendment [6] After subsection 12(3)
Section 12 requires the emergency call persons to ensure that each emergency call received by the emergency call person is received and appropriately handled.
Amendment [6] creates a subsection that to provides for the treatment of calls to the emergency call person when the caller requests a person or organisation that cannot be contacted through the emergency call service, other than a state or territory emergency service. The subsection applies to any call that is not: an emergency call, a call requesting connection to a state or territory emergency service or a Caller No Response Call.
The subsection provides that the emergency call person will have complied with section 12 if the end-user is connected to a pre-recorded announcement that informs the caller that the person or organisation cannot be contacted through the emergency call service and advises the caller how to obtain a telephone number to contact the requested person or organisation.
The amendment aims to reduce the diversion of resources from the emergency call persons to attend to calls from people seeking non-emergency services such as taxi services, local doctors’ surgeries and general practitioners.
Amendment [7] paragraph 16 (2) (a)
Section 16 sets out general obligations on carriage service providers for handling emergency calls. Paragraph 16(2)(a) requires a carriage service provider who supplies a standard emergency telephone service to carry the call in accordance with sections 17 and 18. Section 17 deals with the carriage of emergency calls made on a fixed local service to an answering point for the emergency call service. Section 18 deals with the carriage of emergency calls made on a public mobile telecommunications service to an answering point for the emergency call service.
Amendment [7] replaces the reference in paragraph 16(2)(a) to ‘section 17 or 18’ with a reference to ‘section 17, 18 or 18A’. As a consequence, paragraph 16(2)(a) will place an obligation on a carriage service provider to carry an emergency call made on a satellite service to answering points for the emergency call service, as provided by Amendment 11 of this Amendment Determination.
Amendment [8] Subsection 17(1)
Subsection 17(1) provides that a carriage service provider who supplies a fixed local service must ensure that an emergency call using the service is carried to a point, in the State or Territory in which the call originated, determined by the relevant emergency call person.
Amendment [8] omits the term ‘in the State or Territory in which the call originated’. As a consequence, an emergency call on a fixed local service may be carried to the most appropriate answering point in the current emergency service network configuration and arrangements. At time of writing, the answering points for all emergency calls to the 000 and 112 emergency service numbers are located in two States and the answering points for all emergency calls to the 106 emergency service number are located in two States.
Amendment [9] Subsection 18(4)
Subsection 18(4) provides that a carriage service provider that supplies a public mobile telecommunications service by satellite using global mobile person communications technology must ensure that an emergency call using the service is carried to the closest point of connection. However, a satellite service does not constitute a public mobile telecommunications service as that term is defined in section 32 of the Telecommunications Act 1997.
Amendment [9] omits subsection 18(4).
A new subsection dealing with the carriage of calls to the emergency call service on satellite services is created by Amendment 11.
Amendment [10] Subsection 18(5), note
Subsection 18(5) provides an exception to the requirement in subsection 18(1) for carriage service providers who supply a public mobile telecommunications service to carry emergency calls to answering points specified by the emergency call persons.
Amendment [10] rephrases an existing note under subsection 18(5) to more accurately explain that, pursuant to subsection 8(2), a carriage service provider must not supply a standard emergency telephone service unless the provider has arrangements in place, in writing, for dealing with emergency calls originating from the service. An arrangement to ensure that emergency calls are delivered to a particular point by another network is noted as an example of such an arrangement.
Amendment [11] After section 18
Section 17 deals with the carriage of emergency calls made on a fixed local service to an answering point for the emergency call service. Section 18 deals with the carriage of emergency calls made on a public mobile telecommunications service to an answering point for the emergency call service. Because a satellite service does not constitute a public mobile telecommunications service, amendment [9] removes a misleading reference at 18(4) to satellite services and replaces it with a discrete subsection relating to the carriage of emergency calls made on satellite services.
Amendment [11] creates a new subsection, 18A, which requires carriage service providers to ensure that a call that is made using a satellite service that is transferred to an Australian-based terrestrial network is carried to answering points reasonably specified by the relevant emergency call person for 000 and 112 (subsection 18A(3)) and 106 (subsection 18A(3)). Where a satellite provider’s network does not allow an emergency call to be delivered directly to the answering point, and the call is transferred to an Australian-based terrestrial network, the satellite service provider is required to ensure that the emergency call is delivered to the answering point by another network.
Section 18A is consistent with the obligations in sections 17 and 18, which require emergency calls originating from fixed local services and public mobile telecommunications services respectively, to be delivered to a point reasonably specified by the relevant emergency call person.
Amendment [11] also creates a new section 18B that relates to the handling of calls where excess digits have been dialled after the three-digit emergency service number. A call that has excess or additional digits dialled after the three-digit emergency service number has been dialled does not fall within the definition of an ‘emergency call’ as that term is defined in the Determination.
Subsection 18B(2) provides that (a) a carriage service provider is not required to treat a call with additional digits as an emergency call or (b) to connect the call to the emergency call person. The provision also authorises, at 18B(1)(c), a carriage service provider to connect a call with additional digits to a pre-recorded announcement for the purpose of advising the caller to check the number.
Subsection 18B(1) distinguishes between calls made using a public mobile telecommunications service and a fixed local service. Due to the way in which fixed networks conduct dialled digit analysis, providers of carriage services on those networks must allow for two or more additional digits dialled after either 000 or 106 (that is, 000xy or 106xy) before transferring such calls to a pre-recorded voice announcement (paragraph 18B(1)(b)).
A similar margin for error is unnecessary for calls originating from public mobile telecommunications services as dialled digit analysis is inherently different in mobile networks. Accordingly, mobile phone calls may be terminated on an RVA if one or more digits are dialled after 000, 106, or 112 (that is 000x, 106x or 112x) (paragraph 18B(1)(a).
Amendment [12] Subsection 19(2), notes
Section 19 places obligations on carriage service providers to transfer emergency calls to the relevant emergency call persons within a defined standard of speed, efficiency and reliability.
Amendment [12] updates the notes under subsection 19(2) to reflect the revision in 2003 of the industry code Emergency Call Services Requirements (ACIF: C536). The addition of a third note advices that the industry code is available from the Australian Communications Industry Forum.
Amendment [13] Subsection 20(2)
Section 20 places obligations on emergency call persons to receive and handle an emergency call within a defined standard of speed, efficiency and reliability. The new subsection 20(2) requires that 85 percent of emergency calls to 000 and 112 be answered within 5 seconds and 95 percent of emergency calls to 000 and 112 be answered within 10 seconds after the call reaches the emergency call person’s answering point.
Given that an emergency call person cannot know before answering a call whether the call is an ‘emergency call’ or otherwise, amendment [13] clarifies that the specified timeframes within which the emergency call person must answer calls relates to all calls using the 000 and 112 emergency service numbers. The amendment precludes the exclusion of calls subsequently determined to be other than emergency calls from the required call handling timeframes.
Amendment [13] also provides a time period for which compliance with the required answering times is measured. The performance of the emergency call person in answering 85 per cent of calls within 5 seconds and 95 per cent of calls within 10 seconds is consequently measured in relation to monthly data recorded by the emergency call person under Part 1 of Chapter 8 of the Determination.
Amendment [14] Paragraph 30(2)(a)
Section 30 places obligations on carriages service providers with respect to information about numbers from which calls to the emergency call service are made. Subsection 30(1) makes provision for a carriage service provider to provide to the emergency call person to whom an emergency call is made automatic information about the number from which a call is made and when the call is made. Subsection 30(2) provides an exemption from this requirement for calls made to the emergency call service using the number 112 and using a digital mobile phone without a subscriber identity module (SIM) card.
Amendment [14] revises subsection 30(2)(a) to include in the exemption calls made to the emergency call service using the number 000 and using a digital mobile phone without SIM card. The amendment reflects the fact that some GSM mobile phone handsets (that have 000 stored on the firmware of the handset in the same way as 112) can be used to call the emergency call service using the number 000 without a subscriber identity module (SIM).
Amendment [15] Subsection 30(2), note
Consistent with amendment [14], amendment [15] updates the note under subsection 30(2) of the Determination to reflect that some GSM mobile phone handsets can be used to call the emergency call service using the emergency call number 000 without a SIM.
Amendment [16] Subsection 30(4), including the note
Section 30 places obligations on carriages service providers with respect to information about numbers from which calls to the emergency call service are made. Subsection 30(4) provides for a carriage service provider to give the emergency call person for calls to 000 and 112 with relevant information about the caller’s location in accordance with a specified industry code, Mobile Location Indicator for Emergency Services-Stage 1 Service Description Interim Mobile Location Indicator, (ACIF G530:1999).
Amendment [16] revises subsection 30(4) to extend the obligation on carriage service providers to supply information about the location of the caller from the 106 emergency call service and to calls made using a satellite service. The amendment also restricts the obligation on carriage service providers to provide information that is available about the location of the caller, to information about the approximate location of the caller.
The amendment also provides for the inclusion of an additional note under subsection 30(4) to confirm that, consistent with the specified industry code, the relevant information about a call from a satellite service will only be provided where it is technically feasible to do so. A third note explains that a copy of ACIF G530:1999 Mobile Location Indicator for Emergency Services-Stage 1 Service Description Interim Mobile Location Indicator may be obtained from the Australian Communications Industry Forum.
Amendment [16] also creates a new subsection 30(5) to require those carriage service providers that provide a fixed local service to provide the emergency call persons with information about a caller’s location and type of service using an appropriate code from the (ACIF G557:2002) Standard Mobile Service Area Register.
The Register includescontains a list of eight three-digit codes for use in conjunction with calls to the emergency call service from fixed local services. For example, at the time of the making of this instrument, the code 991 corresponds to calls originating on a fixed network in the Australian Capital Territory, while 992 corresponds to calls originating on a fixed network in New South Wales.
The use of the relevant code in conjunction with emergency calls indicates to the emergency call person that the call has been established using a fixed local service and from within a particular State or Territory. This provides a further mechanism by which the emergency call person can ensure that calls are transferred to an emergency service organisation in the same state or territory as the caller.
The three notes explain that (i) the Australian Communications Industry Forum represents the telecommunications industry, (ii) how the three digit code is to be provided to the emergency call person, and (iii) that the relevant document can be obtained from the Australian Communications Industry Forum.
Amendment [17] Section 43
Section 43 sets out the types of statistics that the emergency call persons must collect for each month in a quarter and provide to the ACA. In addition to the statistics explicitly provided for in paragraphs 43(1)(a) to (f), the ACA has historically sought statistics on ‘other matter[s] that the emergency call person has agreed with the ACA, in writing, to record’ as provided for under paragraph 43(1)(g) of the Determination.
Amendment [17] replaces section 43 with an updated and expanded list of statistics that must be recorded and provided to the ACA. The additions to the list include statistics relating to:
- the number of calls that were received by the emergency call person but abandoned by the caller before being answered by an emergency call person; paragraph 43(1) (b);
- the number of Caller No Response Calls that are received each month and how many of those calls are transferred to an emergency service organisation; paragraph 43(1) (g);
- the numbers of calls the number of calls to 000 and 112 from public mobile telecommunications services; paragraph 43(1)(h); public payphones; paragraph 43(1) (i); fixed local services; paragraph 43(1)(j); satellite services; paragraph 43(1) (l) and how many of those calls are transferred to an emergency service organisation;
- the number of calls to 106 from fixed local services and public payphones; ; paragraph 43(1) (k) and how many of those calls are transferred to an emergency service organisation;
- the number of calls that originated in each state and territory and how many of those calls are transferred to a police force or service; fire service; ambulance service; or connected to an RVA in response to a call for a state or territory emergency service; paragraph 43(1)(o).
Amendment [17] also consolidates the list of required statistics into one subsection (subsection 43(1)) and standardises the way in which those statistics are to be presented as total numbers rather than percentages.
Consistent with amendment [13], the word ‘calls’ is used rather than the phrase ‘emergency calls’ to ensure that the statistics collected relate to the total call volumes and not just those subsequently determined to be emergency calls.
Amendment 17 also adds the words “as far as practicable” to subsection 43(1). This recognises that the record-keeping obligations in subsection 43(1) must be in fact be technically capable of being implemented without imposing undue financial or administrative burdens on emergency call persons.
Amendment [18] Subsection 44(2)
Section 44 places obligations on carriage service providers and the ACA with respect to record-keeping and inspection of records. Subsection 44(2) requires carriage service providers to make and keep records of any arrangements made with a lessee or an agent under subsection 11(3) of the Determination in relation to a bar that has been placed on a standard emergency telephone service and which affects access to the emergency call service. Amendment [5] of this Amendment Determination omits section 11.
Amendment [18] omits subsection 44(2) as a consequence of the repeal of section 11.
Amendment [19] Dictionary, After definition of Act
Amendment [19] adds a definition of ‘Australian-based terrestrial network’ to the list of defined terms in the Dictionary of the Determination. An ‘Australian-based terrestrial network’ is defined as a telecommunications network that is not satellite-based and that is based in Australia. The phrase ‘Australian-based terrestrial network’ is used in subsections 10(2A), 10(5A) and 18A (created by amendments [2], [3] and [11]) in relation to the obligation on satellite service providers to provide access to the emergency call services.
Amendment [20] Dictionary, definition of rural address system
Amendment [20] updates the Dictionary definition of ‘rural addressing system’ to reflect the recent revision of the Geographic Information- Rural Addressing System and its replacement by the Geographic Information – Rural and Urban Addressing standard.
Amendment [20] also adds a definition of ‘satellite service’ to the Dictionary. A satellite service is defined as a carriage service where the customer equipment used in connection with the supply of the service communicates directly with a satellite-based facility. The definition is consistent with the definition of satellite service in subclause 13(9), Part 5, Schedule 2 to the Telecommunications Act 1997.
Amendment [21] Dictionary, definition of standard emergency telephone service after example 4
Amendment [21] adds two further notes to the four notes under the definition of ‘standard emergency telephone service’. The notes provide examples of services that an end-user would reasonably expect to use, as a first choice, to make emergency calls. The amendment adds satellite services (other than maritime satellite services) and public payphones.
Maritime satellite services are specifically excluded because maritime satellite services provide access to a special maritime emergency rescue service and the end-users of maritime satellite services, typically being mariners, would not reasonably expect to access a police, fire or ambulance service by dialling 000,112 or 106.
Amendment [22] Dictionary, definition of state or territory emergency service, including note
Amendment [22] substitutes the definition in its entirety and replaces it with a revised list of state and territory emergency services that reflects the repeal of the State Counter-Disaster Organisation Act 1975 of Queensland and its replacement by the Disaster Management Act 2003 of Queensland.
Amendment [22] also amends the existing note to include the term ‘telecommunications network’ to the list of terms that are used in the Determination and defined in section 7 of the Telecommunications Act 1997. This is necessary because ‘telecommunications network’ is used in the definition of ‘Australian-based terrestrial network’ created by Amendment [19].