Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1) Amendment Determination 2008

Administered by Department of Communications and the Arts

Legislation au F2008L01646 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Australian Communications and Media Authority

 

TELECOMMUNICATIONS (EMERGENCY CALL SERVICE) AMENDMENT DETERMINATION 2008 (No.1) Amendment Determination2008

 

Background

The Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1) Amendment Determination 2008 (‘Amendment Determination 2’) amends the Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1) (‘Amendment Determination 1’) to change the date on which the latter determination commences.

 

The ECS 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 and Media Authority (ACMA) to make a written determination imposing requirements on any or all of the following:

  • Carriers,
  • Carriage Service Providers (CSPs) and
  • Emergency Call Persons

in relation to the emergency call service.

 

Section 147(9) of the TCPSS Act requires that, before making a determination, ACMA must consult representatives of each of the following groups:
 

  • Carriers;
  • Carriage Service Providers;
  • Recognised persons who operate an emergency call service;
  • Emergency Service Organisations; and
  • Consumers of standard telephone services.

 

The ECS 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 NRS provider is currently Australian Communication Exchange Limited.

 

The emergency call service 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 the responsibility of providing the service which answers calls to the emergency call service 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 call service number 106, specified in the Plan for use as a secondary emergency service number, and which connects to the text-based relay service for people who are Deaf or who have a hearing or speech impairment.

 

The ‘emergency call service’ (ECS) is defined in section 7 of the Telecommunications Act 1997, and ‘emergency service organisation’ is defined in subsection 147(11) of the TCPSS Act.  In summary, the emergency call person (‘the ECP’) can only connect callers to a police, fire or ambulance service, or a service for dispatching a police, fire or ambulance service.

GSM mobile phone and satellite phone handsets are designed to provide access to ECS numbers regardless of the presence of a unique service identifying number (USIN). 

In January 2008, the ACMA made the Amendment Determination 1 to remove the obligation on carriage service providers (‘CSPs’) to provide an emergency call service to USIN-less calls. Amendment Determination 1 was registered on 19 February 2008. The effect of the commencement provision in Amendment Determination 1 was that it would commence 3 months after registration. That is, it was due to commence on 19 May 2008.

In late April 2008, mobile phone carriers advised ACMA that their testing had identified a scenario where a genuine emergency call from a phone with a working SIM could be blocked.  For this reason, ACMA felt it necessary to delay the removal of the obligation to carry USIN-less calls to the ECS for an additional period. To achieve this, ACMA decided to extend the commencement date of Amendment Determination 1 by an additional 4 months.

Consultation

In May 2008, ACMA consulted stakeholders about the possibility of delaying the proposed blocking of calls without a USIN to the ECS by four months to 19 September 2008.


To meet its obligations for amending the ECS Determination under the TCPSS Act, the Authority released a statement of information for stakeholders to comment on. There was overall support for the implementation of the block, key issues raised in these responses included:
 

  • Uniformly stakeholders agreed that public safety required a delay in  the blocking of SIMless calls.
  • Stakeholders were concerned about the need for a delay and what effect it might have on the possibility of realising a block on SIMless calls.

 

Regulation Impact Statement

A Regulation Impact Statement is not required for the Determination as the costs to industry and restrictions on competition are not significant.

 

NOTES ON SECTIONS

Section 1 - Name of Determination

 

This Determination is the Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1) Amendment Determination 2008 (‘Amendment Determination 2’).

Commencement

Section 2 of Amendment Determination 2 is a commencement provision. It provides that the instrument commences the day after registration. 

Amendment of Telecommunications (Emergency Call Service) Determination 2008 (No.1)

Section 3 of Amendment Determination 2 operates to make it clear that Schedule 1 amends the. Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1) (‘Amendment Determination 1’).

Schedule 1 – Amendment (section 3)

Clause 1 of Schedule 1 to the Amendment Determination 2 contains the substantive provision that extends the date on which Amendment Determination 1 will commence. It does this by varying the time period in the commencement provision of Amendment Determination 1 as follows -

omit

3 months

insert

7 months.

This variation will allow carriers, CSPs and mobile handset manufacturers additional time to try and develop appropriate technical solutions to ensure no genuine emergency call will be blocked when CSPs are given a discretion not to carry USIN-less calls to the ECS.

Overview

The Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1) Amendment Determination 2008 was enacted to address issues arising from the original Amendment Determination 1, which had been set to remove the obligation on carriage service providers to carry un-registered SIM card calls to emergency services. This was intended to prevent potential blockage of genuine emergency calls, a problem identified by mobile phone carriers during testing. The Australian Communications and Media Authority (ACMA) recognised the necessity to delay the implementation to ensure no genuine emergency call would be blocked, thereby prioritising public safety. The Amendment Determination 2 was developed following consultation with relevant stakeholders, including carriers, carriage service providers, emergency call service operators, emergency service organisations, and consumers, ensuring that their concerns and needs were considered in the policy decision. The determination was made under the authority of the Telecommunications (Consumer Protection and Service Standards) Act 1999, which mandates ACMA to consult with various representatives before making a determination. The policy objective was to provide an additional four-month period to allow for the development of technical solutions that would ensure genuine emergency calls are not blocked, while also considering the impact on industry and competition. The determination was enacted to amend the original commencement date of the Amendment Determination 1, extending it by an additional four months to 19 September 2008. This adjustment aimed to balance the need for timely implementation of the policy with the imperative to safeguard public safety during emergencies.

Scope and Application

The Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1) Amendment Determination 2 is an instrument made under the Telecommunications (Consumer Protection and Service Standards) Act 1999, which applies to carriers, Carriage Service Providers (CSPs), and Emergency Call Persons (ECPs) in relation to the emergency call service. This determination, issued by the Australian Communications and Media Authority (ACMA), aims to modify the commencement date of the Amendment Determination 1, which had initially been set to remove the obligation on CSPs to provide an emergency call service to calls without a unique service identifying number (USIN). The Amendment Determination 2 extends this commencement date by four months to allow more time for industry stakeholders to develop technical solutions that prevent genuine emergency calls from being blocked. The geographic reach of this determination is national, as it pertains to entities operating within Australia, ensuring that the requirements are uniformly implemented across the country. The Amendment Determination 2 does not specify any exclusions or exemptions from its application, thereby imposing obligations on all relevant entities to adhere to the extended commencement date and any associated requirements for emergency call services.

Key Provisions

The Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1) Amendment Determination 2008 (Amendment Determination 2) primarily serves to extend the commencement date of the Telecommunications (Emergency Call Service) Amendment Determination 2008 (No. 1) (Amendment Determination 1). This extension is achieved by amending the commencement provision of Amendment Determination 1, which originally set the commencement date three months after its registration. Amendment Determination 2 replaces this three-month period with a seven-month period, thereby delaying the commencement date to 19 September 2008. This extension provides additional time for carriers, carriage service providers (CSPs), and mobile handset manufacturers to develop and implement technical solutions to prevent genuine emergency calls from being blocked. This is particularly crucial as the original determination aimed to remove the obligation for CSPs to carry calls to the emergency call service (ECS) without a unique service identifying number (USIN). This change, while necessary, raised concerns about the potential blocking of legitimate emergency calls, which necessitated a delay. The obligations imposed by Amendment Determination 2 are primarily on the carriers, CSPs, and mobile handset manufacturers. These entities must now work to ensure that genuine emergency calls are not inadvertently blocked during the extended period. This involves testing and implementing technical measures that will allow for the smooth functioning of the ECS without requiring a USIN, particularly for mobile phones. In terms of consequences for non-compliance, Amendment Determination 2 does not explicitly outline specific penalties or consequences for breaches of its provisions. However, the underlying regulations and determinations governed by the Telecommunications (Consumer Protection and Service Standards) Act 1999 (TCPSS Act) may impose penalties or consequences for failing to comply with the requirements related to the ECS. These could include fines, corrective actions, or other regulatory measures to ensure compliance and protect public safety. In summary, Amendment Determination 2 extends the commencement date of Amendment Determination 1 to allow additional time for technical adjustments to prevent the blocking of genuine emergency calls. This extension places the onus on carriers, CSPs, and manufacturers to develop appropriate solutions, with potential regulatory consequences for non-compliance under the broader framework of the TCPSS Act.

Legal classification tags

Area of Law
Telecommunications Law
Instrument
Regulation
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

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.