explanatory statement
Issued by the Australian Communications and Media Authority
Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2007 (No. 1)
Purpose
The Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2007 (No. 1) (the Amendment Instrument) amends the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 (the Labelling Notice) to withdraw three categories of specified customer equipment, expire their related standards and to make a number of administrative changes to improve readability of the Labelling Notice.
Legislative Provisions
Section 407 of the Act provides that the Australian Communications and Media Authority (ACMA) may make a written instrument (the Labelling Notice) requiring any person who is a manufacturer or an importer or authorised agent (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 application of a label indicates whether the item meets the requirements of the standards made under section 376 of the Act specified in the Labelling Notice.
The predecessor to ACMA, the Australian Communications Authority (ACA), made the Labelling Notice in 2001. In accordance with the Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005, ACMA is taken to have made the Labelling Notice under the Act as previously made by the ACA.
Background
The telecommunications regulatory arrangement for CE and CC require each supplier to apply a compliance label to specified customer equipment prior to supply to the market. The label indicates whether 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 mandatory requirements in 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 replaced by an amended or a newly created standard. 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.
Operation
The Amendment Instrument will withdraw the following carrier interface categories from Table 1.1 of Schedule 1:
- A26: Cordless telecommunications – CT2;
- A27: Cordless telecommunications – PHS; and
- A28: Cordless telecommunications – DECT.
These carrier interfaces have been identified as outdated and unnecessary and carriers have confirmed that they will not use this technology to supply public access telephony services.
The Amendment Instrument will also remove the regulatory requirements for the radiocommunications aspects of digital cordless equipment as a result of digital cordless equipment now being regulated under the radiocommunications regulatory arrangements. As part of this process, the following related standards previously made under subsection 376(1) of the Act will expire on 1 March 2008:
- ACA TS019-1997 Telecommunications Technical Standard (Customer Equipment for use with CT2 CA1 Cordless Telecommunications Systems—ACA TS019–1997),
- ACA TS028-1997 Telecommunications Technical Standard (Radio Equipment and Systems for DECT—ACA TS028–1997); and
- ACA TS034-1997 (incl. Amdt 1) Telecommunications Technical Standard (Personal Handy Phone System—ACA TS034–1997).
Under its radiocommunications regulatory arrangements, ACMA has examined the requirements for digital equipment and has subsequently made the Radiocommunications (Digital Cordless Communications Devices — DECT Devices) Standard 2007 and the Radiocommunications (Digital Cordless Communications Devices — PHS Devices) Standard 2007 under s176 of the Radiocommunications Act 1992 to enable continued regulation of DECT and PHS digital cordless equipment.
The Amendment Instrument will also make the following changes:
- include a simplified outline at the start of each substantial Part of the Labelling Notice. The outlines do not alter regulatory requirements but will provide a simplified summary of the most important aspects of the relevant Part and assist users of the Labelling Notice in understanding regulatory requirements;
- revise Schedule 1 of the Labelling Notice to simplify presentation and make the notice easier for users to determine mandatory standards for specified items of equipment. This amendment does not alter regulatory requirements;
- make a number of minor typographical and consequential changes to improve the overall readability of the Labelling Notice.
Regulation Impact
ACMA obtained advice from its Senior Executive Service contact officer for the Government’s regulation impact analysis arrangements that the Labelling Notice amendment has low impact on industry. For those reasons under the self-assessment regime administered by the Office of Best Practice Regulation, ACMA has determined that there is no need to produce a Business Cost Calculator report or to prepare a Regulation Impact Statement. The ACMA exemption reference number is ACMA 016.
As the above mentioned telecommunications technical standards expire on 1 March 2008, suppliers are provided an overlap period in which they can select to meet either the existing telecommunications standards or the new radiocommunications standards.
Consultation
LABELLING NOTICE
Communications Alliance[1] undertook public consultation processes and consulted with industry and consumer groups over an 80 day period on the withdrawal of the categories and the expiry of the technical standards from the Labelling Notice.
One comment concerning procedural issues was submitted by the ACMA committee representative. No other comments were received.
ACMA also informed industry and consumer groups through the Communications Alliance Customer Equipment and Cabling Reference Panel (CECRP) on the matter of the simplified outline and rationalisation of Schedule 1.
DECT
ACMA prepared a draft version of the Standard together with detailed explanatory notes and these were contained within a Communications Alliance working committee report on the technical regulation of specific digital cordless equipment.
The working committee included representatives from ACMA, the communications industry, telecommunications carriers, user groups, test houses, manufacturers and importers.
The report containing the draft Standard was distributed by Communications Alliance to the members of the CECRP, the Working Committee and additionally promoted through an advertisement in a national newspaper, an electronic public mail based facility dedicated to communications and through Standards Australia.
The draft standard and notes were also made available for public comment for an 80 day period starting on the 12th of December 2006 and a copy of was available for free download from the Communications Alliance website during the public comment period and copies sent directly to interested parties who contacted Communications Alliance.
One comment concerning procedural issues was submitted by the Communications Alliance committee representative. No other comments were received.
PHS
ACMA widely circulated a draft version of the standard to industry and consumer stakeholders, including telecommunications and radiocommunications industry peak bodies, Communications Alliance, Standards Australia, user groups, test houses, manufacturers and importers, telecommunications carriers, the Australian Competition and Consumer Commission and the Telecommunications Industry Ombudsman. Stakeholders were given 33 days, 27 April to 30 May 2007 to offer comments.
Four responses were received of which two explicitly expressed the desire to offer no comment on the proposals and two expressed support for the proposed standard.
Description of the provisions of the Amendment Instrument
Details of the Standard are in Attachment 1.
Attachment 1
Notes on the instrument
Section 1 – Name of the Determination
This section provides that the name of the Amendment Notice is the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2007 (No. 1).
Section 2 - Commencement
This section provides that the Amendment Notice commences on the day after it is registered.
Section 3 – Amendment of Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001
This section provides that Schedule 1 amends Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 (the Labelling Notice).
Schedule 1—Amendments
Item [1] - Before section 1.1
This item inserts a new simplified outline of Part 1.
Item [2] - Subsection 1.4 (1), definition of applicable standard
This item is a consequential amendment due to the reformatting of the tables in Schedule 1.
Item [3] - Subsection 1.4 (1), definition of Telecom Authorisation
This item clarifies the definition of Telecom Authorisation.
Item [4] - After section 1.4
This item inserts the Acronyms table omitted from Schedule 1 into section 1.4A.
Item [5] - Subsection 1.5 (1), at the foot
This item inserts the note under subsection 1.5 (1) omitted from subsection 1.5 (5).
Item [6] - Subsection 1.5 (5), note
This item omits the note from subsection 1.5 (5) that was inserted under subsection 1.5 (1).
Item [7] - Paragraph 1.8 (1) (a)
This item is a consequential amendment due to the reformatting of the tables in Schedule 1.
Item [8] - Subsection 1.8 (1), note 1
This item is an editorial correction to replace subsection 1 (3) with subclause 1 (3).
Items [9] - Before section 2.1
This item inserts a new simplified outline of Part 2.
Item [10] - Paragraph 2.1 (a)
This item is a consequential amendment due to the reformatting of the tables in Schedule 1.
Item [11] - Before section 2A.1
This item inserts a new simplified outline of Part 2A.
Item [12] - Paragraph 2A.1 (b)
This item omits from paragraph 2A.1 (b) ‘under section 420 of the Act,’.
Item [13] - Before section 3.1
This item inserts a new simplified outline of Part 3.
Items [14 and 15] - Subsection 3.1 (1) and 3.2 (1)
These items omit ‘if’ and insert ‘Subject to Part 2A, if:’ in subsections 3.1 (1) and 3.2 (1) to clarify the exemption from labelling.
Item [16] - Before section 4.1
This item inserts a new simplified outline of Part 4.
Item [17] - Subsection 4.3 (2)
This item is a consequential amendment due to the reformatting of the tables in Schedule 1.
Items [18-22] – Subsection 4.6
These items replace ‘a test report’ with ‘an endorsed test report’ to clarify the intention that Recognised Testing Authorities provide an endorsed test report when testing to an applicable standard.
Item [23] - Before section 5.1
This item inserts a new simplified outline of Part 5.
Item [24] - Paragraph 5.6 (1) (a)
This item replaces ‘a test report’ with ‘an endorsed test report’ to clarify the intention that Recognised Testing Authorities provide an endorsed test report when testing to an applicable standard.
Item [25] - Before section 6.1
This item inserts a new simplified outline of Part 6.
Item [26] - Before section 7.1
This item inserts a new simplified outline of Part 7.
Item [27] - Schedule 1, Part 1, heading
This item substitutes the heading with ‘Applicable Standards’ which better explains the contents of this Part.
Items [28] - Schedule 1, Part 1, subclause 1 (1)
This item is a consequential amendments due to the reformatting of the tables in Schedule 1.
Items [29 and 31] - Schedule 1, Part 1, subclause 1 (1A) and (2A)
These items are to move Schedule 1, Part 1, subclause 1 (1A) to subclause 1 (2A) and consequential renumbering of subclause 1 (2A) to subclause 1 (2B).
Items [30 and 32] - Schedule 1, Part 1, subclause 1 (2), (3) and (4)
These items are consequential amendments due to the reformatting of the tables in Schedule 1.
Items [33 and 35–38] - Schedule 1, Parts 1 and 2, tables
These items are to substitute reformatted tables 1.1 to 1.5 for the existing tables in the Labelling Notice to simplify presentation and make the notice easier for users to determine the mandatory standards for specific items of equipment.
Part 1 of Schedule 1 of the Labelling Notice contains a table (table 1.1) listing the section 376 standards that must be met under the Labelling Notice and expiry or amendment dates of those standards.
Part 2 of Schedule 1 contains tables (tables 1.2 to 1.5) 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 tables also contain compliance levels for particular items. Compliance levels determine the type of documents suppliers must keep to demonstrate compliance with the Labelling Notice.
The substituted tables also contain the changes required as part of the process to withdraw three categories of specified customer equipment and allow the expiry of their related standards.
Item [34] - Schedule 1, Part 1, clause 2
This item omits the Acronyms inserted at section 1.4A
Item [39] - Schedule 1, Part 2, note 1
This item adds the categories, A17, which was not included in an earlier amendment, and A26, A27 and A28 which have been withdrawn
Item [40] - Schedule 1, Part 2, notes 4 to 7
This item updates the formatting of Note 4, and combines notes 5 and 6 of Schedule 1, and revises Note 7 to clarify their meanings.
Item [41] - Schedule 1, Part 2, note 19
This item is a consequential amendment due to the reformatting of the tables in Schedule 1.
Item [42] - Schedule 1, Part 2, note 20
This item omits Note 20 as the status of the 3 separate technical standards currently listed in the note has been clarified with the reformatting of the tables in Schedule 1.
Item [43] - Schedule 1, Part 2, after note 27
This item inserts new Note 28 which specifies the relevant clauses of the applicable standards for testing of disability customer equipment and new Note 29 which notifies the reader of the application of the radiocommunications regulatory arrangements for digital cordless customer equipment.
Items [44-46] - Schedules 4 and 4A
These items update the address and internet details on the forms at Schedules 4 and 4A
Items [47-48] - Schedules 5 and 5A
These items amend the declaration on the forms at Schedules 5 and 5A to clarify that the equipment has not been modified.
Item [49] - Schedule 7, heading
This item corrects the citations for the paragraphs to which this Schedule refers.
Items [50-51] - Schedule 7
These items insert ‘Test’ into the headings of Part 1 and paragraph 103 of Schedule 7 to clarify that the reports mentioned therein are test reports.
[1] Communications Alliance Ltd is an industry owned, operated and resourced company established in 2006 by the merger of the Australian Communications Industry Forum and the Service Providers Association Inc.