explanatory statement
Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2006 (No. 3)
Issued by the Authority of the Australian Communications and Media Authority
Legislative Provisions
On 16 November 2006 the Australian Communications and Media Authority (ACMA) made the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2006 (No. 3) (the Amendment Instrument) under section 407 of the Telecommunications Act 1997 (the Act). The Amendment Instrument amends the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 (the Labelling Notice).
The predecessor to ACMA, the Australian Communications Authority (ACA), made the Labelling Notice in 2001 under section 407 of the Act. That section of the Act provided for the then ACA to make a written instrument (the Labelling Notice) requiring any person who is a manufacturer or an importer (collectively referred to as “suppliers”) of customer equipment (CE) or customer cabling (CC) to apply a label to specified items of CE and/or CC. The labels must indicate whether the item meets the requirements of the standards made under section 376 of the Act specified in the Labelling Notice.
In accordance with the Australian Communications and Media Authority Act 2005, from 1 July 2005 ACMA exercises powers and functions under the Act previously exercised by the ACA.
Background
Part 21 of the Act establishes the scheme for technical regulation of telecommunications in Australia. The fundamental policy approach reflected in the scheme is to rely on industry self-regulation with the regulatory body empowered to intervene only where it is considered necessary for limited purposes relating to the maintenance of certain safeguards.
The telecommunications regulatory arrangement for CE and CC require each supplier to apply a compliance label to specified products prior to supply to the market. The label must indicate that the CE or CC complies with the relevant technical standards made under section 376 of the Act and specified in the Labelling Notice.
Section 376(2) provides that technical standards made under section 376 of the Act are to consist only of such requirements as are necessary or convenient for:
- protecting the integrity of a telecommunications network or facility;
- protecting the health and safety of persons who are likely to be affected by the operation of the network or facility to which the equipment or cabling is connected;
- ensuring equipment can be used to give access to an emergency call service;
- ensuring interoperability of equipment with a network facility used to provided the standard telephone service; or
- achieving an objective specified in the regulations (no regulations have been made to date).
The Labelling Notice also specifies the applicable section 376 technical standards for each item of CE or CC, the level of testing required for each standard in order to demonstrate compliance (the compliance level) and, the labelling requirements including placement, type and form of the label, amongst other things.
The Labelling Notice also allows for the parallel operation of ‘old’ and ‘replacement’ standards, in the event that an existing (old) standard is amended or replaced. This parallel operation, known to industry participants as the overlap period, allows suppliers of CE and CC to continue to use the ‘old’ standards for the duration of the overlap period assisting industry in the transition from one standard to the next. The overlap period is only implemented where the changes do not substantively affect integrity of the network, safety of users or access to emergency services.
The Labelling Notice and the specified section 376 technical standards are important components of the telecommunications regulatory requirements that aim to ensure the integrity, safety and continued availability of telecommunications networks within Australia.
Purpose and Operation
The main purpose of the Amendment Instrument is to incorporate three recently made section 376 standards into the Labelling Notice.
These standards were developed or reviewed by the Australian Communications Industry Forum (ACIF)[1] and recommended to ACMA for adoption as mandatory standards under section 376 of the Act. ACMA works in close cooperation with ACIF and other industry partners to ensure the standards are relevant to the matters listed in subsection 376(2) of the Act.
The incorporation of new standards into the Labelling Notice is part of the ongoing process of keeping the telecommunications regulatory arrangement contemporary and adaptable.
Impact and Effect
The Amendment Instrument will incorporate the following three standards made by ACMA under subsection 376(1) of the Act into the Labelling Notice:
- Telecommunications Technical Standard (Customer Access Equipment for connection to a Telecommunications Network AS/ACIF S003:2006) 2006 (cited as AS/ACIF S003-2006);
- Telecommunications Technical Standard (Voice frequency performance requirements for Customer Equipment AS/ACIF S004:2006) 2006 (cited as AS/ACIF S0004-2006);
- Telecommunications Technical Standard (Requirements for Customer Equipment for connection to a metallic local loop interface of a Telecommunications Network – Part 2: Broadband – AS/ACIF S043.2:2006) 2006 (cited as AS/ACIF S043.2-2006);
Consultation
ACIF undertook public consultation processes and consulted with industry and consumer groups on the incorporation of the technical standards into the Labelling Notice.
Description of the provisions of the Amendment Instrument
Section 1
This section provides that the name of the Amendment Notice is the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2006 (No. 3).
Section 2
This section provides that the Amendment Notice commences on the day after it is registered under the Legislative Instruments Act 2003.
Section 3
This section provides that the Labelling Notice is amended in accordance with Schedule 1.
Schedule 1—Amendments
Item [1]
This item inserts a reference to AS/ACIF S043.2-2006 at paragraph 6.1 (4)(a) as this updates the mandatory standard to be the latest version.
Item [2]
This item inserts a reference to AS/ACIF S043.2-2006 at paragraph 6.1 (4)(c) as this updates the mandatory standard to be the latest version.
Items [3] – [5]
Part 1 of Schedule 1 of the Labelling Notice contains a table listing the section 376 standards that must be met under the Labelling Notice.
Item [3] inserts AS/ACIF S003-2006 into Part 1 of Schedule 1 and places a note in column 3 to indicate that AS/ACIF S003-2006 is the replacement standard for AS/ACIF S003-2005.
Item [4] inserts AS/ACIF S004-2006 into Part 1 of Schedule 1 and places a note in column 3 to indicate that AS/ACIF S004-2006 is the replacement standard for AS/ACIF S004-2004.
Item [5] inserts AS/ACIF S043.2-2006 into Part 1 of Schedule 1 and places a note in column 3 to indicate that AS/ACIF S043.2-2006 is the replacement standard for AS/ACIF S043.2-2005.
Items [6] - [16]
Part 2 of Schedule 1 contains tables that set out all relevant categories of CE and CC and the section 376 standards that apply to the items in each of those categories. The table also contains compliance levels for particular items and expiry or amendment dates of relevant section 376 standards. Compliance levels determine the type of documents suppliers must keep to demonstrate compliance with the Labelling Notice.
Item [6] inserts the new standard AS/ACIF S004-2006 into category A1, removing the reference to note 2 as it is no longer applicable to the new standard. This item also provides an expiry date for AS/ACIF S004-2004.
Item [7] inserts the new standards AS/ACIF S003-2006 and AS/ACIF S004-2006 into category A3, removing the reference to note 2 as it is no longer applicable to the new standards. This item also provides an expiry date for the superseded standards.
Item [8] inserts the new standard AS/ACIF S003-2006 into category A4, removing the reference to note 2 as it is no longer applicable to the new standard. This item also provides an expiry date for AS/ACIF S003-2005.
Item [9] inserts the new standard AS/ACIF S004-2006 into category A7, removing the reference to note 2 as it is no longer applicable to the new standard. This item also provides an expiry date for AS/ACIF S004-2004.
Item [10] inserts the new standard AS/ACIF S004-2006 into category A9, removing the reference to note 2 as it is no longer applicable to the new standard. This item also provides an expiry date for AS/ACIF S004-2004.
Item [11] inserts the new standard AS/ACIF S004-2006 into category A11, removing the reference to note 2 as it is no longer applicable to the new standard. This item also provides an expiry date for AS/ACIF S004-2004.
Item [12] inserts the new standard AS/ACIF S43.2-2006 into category A50. This item also provides an expiry date for AS/ACIF S43.2-2005.
Item [13] inserts an entry for clauses 5.4.3.6 and 5.4.3.8 of the new standard AS/ACIF S004-2006 into category A51. This item also provides an expiry date for AS/ACIF S004-2004, clauses 5.4.3.5 and 5.4.3.7.
Item [14] inserts the new standard AS/ACIF S003-2006 into categories B29 and B31, removing the reference to note 2 as it is no longer applicable to the new standard. This item also inserts the new standard AS/ACIF S004-2006 into categories B29 and B30, removing the reference to note 2 as it is no longer applicable to the new standard. This item also provides an expiry date for the superseded standards mentioned at this item.
Item [15] inserts the new standard AS/ACIF S004-2006 into categories C33 and C34, removing the reference to note 2 as it is no longer applicable to the new standard. This item also provides an expiry date for AS/ACIF S004-2004.
Item [16] inserts the new standard AS/ACIF S004-2006 into categories C36 and C37, removing the reference to note 2 as it is no longer applicable to the new standard. This item also provides an expiry date for AS/ACIF S004-2004.
Item [17] amends note 3 to Schedule 1 to clarify the intent of the note and includes the new standard AS/ACIF S003-2006.
[1] ACIF has recently changed its name to Communications Alliance following a merger with SPAN. For the purposes of technical standards submitted for mandatory adoption, all correspondence will continue to come from ACIF.