Telecommunications (Freephone and Local Rate Numbers) Directions 2004 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2005B00220 Not in force Legislative Instrument

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Telecommunications (Freephone and Local Rate Numbers) Directions 2004 (No. 1)

The AUSTRALIAN COMMUNICATIONS AUTHORITY makes these Directions under section 581 of the Telecommunications Act 1997.

Dated  23 March 2004

R HORTON                                                                                                              Chair

G.W LUTHER                                                                                                         Member

 

Australian Communications Authority

 

1 Name of Directions

  These Directions are the Telecommunications (Freephone and Local Rate Numbers) Directions 2004 (No. 1 ).

2 Commencement

  These Directions commence on 5  July 2004.

3. Definitions

Act means the Telecommunications Act 1997.

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution;

administrative allocation means allocation as set out in Division 5, 6 or 7 of the numbering plan.

allocation by auction means allocation as set out in Division 7A of the numbering plan.

CSPs means the carriage service providers registered under section 3.44 of the numbering plan.

declared FLRN means a FLRN declared under the 2000 Declaration or the 2004 Declaration to be available for allocation in accordance with Part 5 of the numbering plan.

FLRN means a freephone number or a local rate number.

freephone number means a number used for a freephone service.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

local rate number means a number used for a local rate service.

numbering plan means the Telecommunications Numbering Plan 1997.

Related Corporation has the same meaning as in section 50 of the Corporations Act 2001.

the 2000 Declaration means the Telecommunications Numbering Plan Number Declaration 2000.

the 2004 Declaration means the Telecommunications Numbering Plan Number Declaration 2004.

Note   A number of expressions used in these Directions are defined in section 7 of the Act, including:

 ACA

 number

 numbering plan

  •       carriage service intermediary.

4. Purpose of directions

 The purpose of these Directions is to ensure that:

(a) FLRNs declared as being available for allocation by auction are able to be allocated in that way; and

(b) some FLRNs remain available for administrative allocation.

5. Notification of numbers

The ACA may notify a CSP in writing that a declared FLRN is only available for application for administrative allocation.

6. Direction about numbers allocated by auction

(1) The ACA directs the CSPs that they may only make an application to the ACA for allocation by auction of a FLRN if the FLRN:

(a) is declared; and

(b) is not allocated; and

(c) is not a quarantined number; and

(d) is not in auction-declared quarantine within the meaning of Division 7A of the numbering plan; and

(e) is a number that:

 (i) has not been notified under section 5; or

 (ii) is not included in Part 2, 5 or 6 of the Schedule to the 2000 Declaration.

(2) Subsection (1) is not intended to affect the ability of a CSP to ask the ACA to release and allocate a FLRN under section 3.75S of the numbering plan.

7. Direction about numbers allocated administratively

The ACA directs the CSPs that they may only make an application to the ACA for administrative allocation of a FLRN if the FLRN is declared and:

(a)         has been notified under section 5; or

(b)         is included in Part 2, 5 or 6 of Schedule 1 of the 2000 Declaration; or

(c)         the application is authorised by section 8.

NOTE: The quarantine of a number is a ground for refusing an application for administrative allocation under 3.47, 3.59 and 3.69 of the numbering plan.

8. Transitional

 (1) The ACA directs the CSPs that they may only make an application for administrative allocation of a FLRN, as set out in this section, if the FLRN is a declared FLRN listed in Schedule 1 to the 2000 Declaration but:

(a) has not been notified under section 5; or

(b) is not included in Part 2, 5 or 6 of Schedule 1 of the 2000 Declaration.

 (2) A CSP may make an application for administrative allocation of the FLRN if:

 (a) at 13 May 2003, the CSP had a legally enforceable obligation to issue that number to a customer; and

 (b) the CSP would incur liability to the customer if it did not make the application to the ACA solely because the service provider otherwise complied with section 6 or 7; and

 (c) the CSP has documentary evidence of the obligation and liability; and

 (d) the CSP’s intention is to issue the number to the customer.

 (3) A CSP may make an application for administrative allocation of the FLRN if:

 (a) the CSP’s intention at the time of making the application is to issue the number to itself or to a related corporation; and

 (b) the CSP or the related corporation had, on or before 13 May 2003, incurred materially significant expense in relation to the proposed use of the number, or would incur liability to a customer if the CSP did not make the application to the ACA solely because the CSP otherwise complied with direction 6 or 7; and

 (c) the CSP has documentary evidence of its intention and the expense, or clearly indicating the reason why it would incur the liability referred to in paragraph (3)(b).

 (4) A CSP may make an application for administrative allocation of the FLRN if:

 (a) at 13 May 2003, a carriage service intermediary with whom the CSP had an agreement in relation to FLRNs had a legally enforceable obligation under which that FRLN would be issued to a customer; and

 (b) the carriage service intermediary would incur liability to the customer if the CSP did not make the application to the ACA solely because the CSP otherwise complied with section 6 or 7; and

 (c) the carriage service intermediary has documentary evidence of the obligation and liability; and

 (d) the intention of the CSP and the carriage service intermediary is that the FLRN be issued to the customer.

 (5) The ACA directs the CSPs to:

 (a) retain the documentary evidence referred to in this section until the ACA gives the CSP written notice that it is no longer required; and

 (b) produce that evidence to the ACA on demand.

 (6) These directions do not have effect to the extent, if any, to which compliance with the directions would result in the acquisition of property, and that acquisition would be:

 (a) otherwise than on just terms; and

 (b) invalid because of paragraph 51(xxxi) of the Constitution.

 

9              Repeal

The following Directions are repealed:

(a)   Telecommunications (Freephone and Local Rate Numbers) Directions No. 1 2003;

(b)   Telecommunications (Freephone and Local Rate Numbers) Directions No. 2 2003;

(c)   Telecommunications (Freephone and Local Rate Numbers) Directions (No. 2) Amendment 2003 (No. 1).

______________________________________________________________

Overview

The Telecommunications (Freephone and Local Rate Numbers) Directions 2004 (No. 1), made by the Australian Communications Authority under section 581 of the Telecommunications Act 1997, were introduced to ensure the proper allocation of freephone and local rate numbers (FLRNs). These Directions, which commenced on 5 July 2004, aim to provide clarity and guidelines on how FLRNs can be allocated by auction or through administrative means, while also ensuring that certain numbers remain available for administrative allocation. The Directions also allow for the administrative allocation of specific FLRNs under transitional provisions if certain conditions are met, such as having a legally enforceable obligation to issue the number to a customer as of 13 May 2003. The enactment of these Directions serves to replace previous directions and amendments, thereby streamlining the regulatory framework for the allocation of FLRNs.

Scope and Application

The Telecommunications (Freephone and Local Rate Numbers) Directions 2004 (No. 1) are regulatory instruments made under section 581 of the Telecommunications Act 1997 by the Australian Communications Authority (ACA). These Directions came into effect on 5 July 2004 and serve to govern the allocation of freephone and local rate numbers (FLRNs) by carriage service providers (CSPs) registered under the Telecommunications Numbering Plan 1997. The primary objective of these Directions is to facilitate the auction allocation of certain declared FLRNs while ensuring that some FLRNs remain available for administrative allocation. The Directions establish conditions under which CSPs can apply for the allocation of FLRNs by auction or administrative means, with specific provisions for transitional arrangements to accommodate obligations existing prior to the Directions' commencement. Additionally, the Directions outline circumstances under which the ACA may notify CSPs that certain declared FLRNs are only available for administrative allocation, and provide guidelines on the documentary evidence CSPs must retain and produce to the ACA.

Key Provisions

The Telecommunications (Freephone and Local Rate Numbers) Directions 2004 (No. 1) provide specific rules and guidelines for the allocation and use of freephone numbers (FLRNs) and local rate numbers under the Telecommunications Act 1997. Section 6 permits carriage service providers (CSPs) to apply for the allocation of FLRNs by auction, provided certain conditions are met. Specifically, the FLRN must be declared, unallocated, not quarantined, not in auction-declared quarantine, and either not notified under Section 5 or not listed in specific parts of the 2000 Declaration (Section 6(1)). This section also clarifies that CSPs may still apply for the release and allocation of FLRNs under Section 3.75S of the numbering plan, even when complying with these directions (Section 6(2)). CSPs are required to adhere to strict guidelines when applying for the administrative allocation of FLRNs, as outlined in Section 7. They can only apply if the FLRN is declared and either has been notified under Section 5, is listed in specific parts of the 2000 Declaration, or the application is authorised by Section 8. It is important to note that quarantine of a number is a ground for refusing an application for administrative allocation under Sections 3.47, 3.59, and 3.69 of the numbering plan. CSPs also have specific transitional provisions under Section 8 that allow them to apply for administrative allocation of FLRNs if certain conditions are met, such as having a legally enforceable obligation to issue the number to a customer or incurring significant expenses related to the proposed use of the number. Breaches of these Directions can lead to various civil and criminal consequences, though specific penalties are not detailed within the excerpt provided. The Directions clarify that compliance with them does not result in the acquisition of property that would be otherwise than on just terms or invalid because of the Constitution (Section 9). CSPs must retain and produce documentary evidence as required by the Australian Communications Authority (ACA) on demand, as stipulated in Section 5. The Directions also repeal previous directions related to freephone and local rate numbers to ensure consistency and clarity in the regulatory framework (Section 9).

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Telecommunications Law
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Legislative Instrument
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