EXPLANATORY STATEMENT
Issued by the authority of the Australian Communications and Media Authority
Telecommunications Act 1997
Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2011 (No.1)
Purpose
The purpose of the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2011 (No.1) (the Amendment Notice) is to amend the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 (the Labelling Notice). The Amendment Notice brings the following telecommunications technical standards, made under section 376 of the Telecommunications Act 1997 (the Act), within the compliance labelling regime, by referencing them in Schedule 1 of the Labelling Notice:
- Telecommunications Technical Standard (Analogue Interworking and Non-interference Requirements for Customer Equipment for Connection to the Public Switched Telephone Network - AS/CA S002:2010) 2011 (the AS/CA S002-2011 Standard)
- Telecommunications Technical Standard (Requirements for Customer Cabling Products - AS/CA S008:2010) 2011 (the AS/CA S008-2011 Standard)
- Telecommunications Technical Standard (Requirements for Connection to an Air Interface of a Telecommunications Network – Part 1: General - AS/CA S042.1:2010) 2011 (the AS/CA S042.1-2011 Standard)
- Telecommunications Technical Standard (Requirements for Connection to an Air Interface of a Telecommunications Network – Part 4: IMT-2000 Customer Equipment - AS/CA S042.4:2010) 2011 (the AS/CA S042.4-2011 Standard)
- Telecommunications Technical Standard (Information Technology Equipment – Safety, Part 1: General Requirements - AS/NZS 60950.1:2011) 2011 (the AS/NZS 60950.1-2011 Standard)
(collectively ‘the ACMA 2011 Standards’).
Legislative provisions
Subsection 407(1) of the Act provides that the Australian Communications and Media Authority (the ACMA) may by written instrument require any person who is a manufacturer or importer of specified customer equipment (CE) or customer cabling (CC) to apply to the equipment or cabling a label to indicate whether the equipment or cabling complies with the technical standards made by the ACMA under section 376 of the Act and specified in the instrument.
An instrument made under section 407 of the Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA).
Division 7 of Part 21 of the Act, together with the Labelling Notice and the standards made under section 376 of the Act operate together to specify the relevant Australian telecommunications regulatory obligations in relation to the labelling of specified CE or CC.
Background
The ACMA has responsibility for the regulation of CE and CC in Australia under the Act and the Radiocommunications Act 1992. These regimes cover aspects of CE and CC related to the telecommunications, radiocommunications, electromagnetic energy and electromagnetic compatibility functions of the items.
The telecommunications regulatory framework aims to ensure that CE and CC meet technical standards and are appropriately labelled prior to connection to the telecommunications network.
By imposing requirements on suppliers of CE and CC, the Labelling Notice assists in protecting the health and safety of users of the telecommunications network, protecting the integrity and interoperability of the telecommunications network and ensuring access to emergency call services.
The Labelling Notice requires suppliers to apply a compliance label to the surface of specified CE and CC to illustrate that they comply with mandatory requirements. Suppliers also have the option of displaying the compliance label electronically if the device has a built-in electronic display. Affixing a compliance label on equipment or cabling is a visible demonstration of compliance with applicable technical standards.
Operation
The Amendment Notice references the ACMA 2011 Standards in Schedule 1 of the Labelling Notice, thereby requiring suppliers an item of CE or CC to apply a label to that item indicating whether the equipment or cabling complies with the applicable ACMA 2011 standards.
The Act provides at section 377 that in making a technical standard under section 376, the ACMA may apply, adopt or incorporate (with or without modification) any matter contained in a standard proposed or approved by Standards Australia International Limited (SA) or any other body or association (such as Communications Alliance (CA)). The ACMA 2011 Standards adopt the mandatory requirements of the following CA and SA standards as technical standards made under section 376 of the Act:
- AS/CA S002:2010 Analogue interworking and non-interference requirements for Customer Equipment for connection to the Public Switched Telephone Network
- AS/CA S008:2010 Requirements for customer cabling products
- AS/CA S042.1:2010 Requirements for connection to an air interface of a Telecommunications Network – Part 1: General
- AS/CA S042.4:2010 Requirements for connection to an air interface of a Telecommunications Network – Part 4: IMT-2000 Customer Equipment
- AS/NZS 60950.1:2011 Information Technology Equipment – Safety, Part 1: General Requirements
(collectively ‘the Industry Standards’).
The Amendment Notice also amends the Labelling Notice to clarify the applicability of Division 4.5 for certain mobile equipment. The policy intent of Division 4.5 has always been that the requirement to obtain carrier permission before connecting mobile CE to a carrier network or facility only applies to those items of mobile CE that are captured by category A53 but not also captured by other categories in Schedule 1.
The Amendment Notice also inserts a new section 4.9A in Division 4.5, which provides a phase-in period for the new AS/CA S042.4-2011 Standard. If a supplier of mobile equipment to which IMT-2000 (this term is defined at subsection 1.4(1) of the TLN) applies obtains a carrier’s written permission, on or before 30 April 2012, to connect the mobile CE to a carrier network or facility, the equipment is not required to comply with the AS/CA S042.4-2011 Standard provided that the supplier keeps the written permission as a compliance record.
The Amendment Notice also makes a number of minor amendments that reflect the operation of the new section 4.9A, the replacement of existing standards with the new ACMA 2011 Standards, and corrects minor typographical errors.
Consultation
Section 17 of the LIA requires the ACMA to be satisfied that any consultation it considers to be appropriate and that is reasonably practicable to undertake in relation to the Amendment Notice has been undertaken.
Consultation on the Industry Standards has been conducted by Communications Alliance and Standards Australia in accordance with their established arrangements. Drafts of each of the Industry Standards were made available for public comment for over two months in 2010, and relevant industry stakeholders were provided with copies of the drafts.
This public consultation on the Industry Standards by CA and SA noted that the Industry Standards were to be adopted by the ACMA under section 377 of the Act and to be referenced in Schedule 1 of the Labelling Notice.
The ACMA is satisfied that appropriate consultation was conducted by CA and SA on the draft Industry Standards which were incorporated into the ACMA 2011 Standards, and that comments and suggestions in submissions were appropriately considered and addressed.
The ACMA is satisfied that appropriate consultation on the Amendment Notice so far as it relates to the ACMA 2011 Standards, has been undertaken (see paragraph 18(2)(e) of the LIA). Further, insofar as other amendments to the Labelling Notice contained in the Amendment Notice are minor and machinery in nature and do not substantially alter existing arrangements, the ACMA does not consider consultation is necessary (see paragraph 18(2)(a) of the LIA).
Regulation impact
The ACMA obtained advice from the Office of Best Practice Regulation that the Amendment Notice will have a minor and machinery impact. Therefore no further analysis in the form of a Regulation Impact Statement (RIS) is required. The RIS exemption number is ID 12079.
Attachment
Further details of the Amendment Notice are in the Attachment.
ATTACHMENT
NOTES ON SECTIONS
Section 1 Name of Notice
Section 1 provides that the name of the Amendment Notice is the Telecommunications Labelling (Customer Equipment and Customer Cabling) Amendment Notice 2011 (No.1).
Section 2 Commencement
Section 2 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
Section 3 provides that Schedule 1 of the Amendment Notice amends the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001.
Schedule 1 – Amendments
Item [1] amends the list of definitions at subsection 1.4(1) to insert a definition for IMT-2000. This is a new term that is used in the new category A55 at Schedule 1 of the Labelling Notice. The definition picks up the meaning given to this term in the AS/CA S042.4-2011 Standard. It means International Mobile Telecommunications 2000 which is the term used by the International Telecommunications Union (ITU) for a set of globally harmonised standards for third generation wireless telecommunication services and equipment as specified by ITU-R Recommendation M.1457-7 Detailed specifications of the radio interfaces of International Mobile Telecommunications-2000 (IMT-2000).
Item [2] amends paragraph 2A.1(a) to add the new AS/CA S008-2011 Standard to the list of standards an item of CE or cabling may comply with in order to be an exempt item for the purposes of the Labelling Notice.
Item [3] amends paragraph 4.5(2)(g), which specifies the kinds of information required by suppliers to demonstrate compliance with compliance level 2. The amendment is necessary in order to allow a supplier to rely on a certificate of approval or suitability mentioned in Part 3 of Schedule 7 in relation to items to which the new standard AS/NZS 60950.1-2011 or AS/NZS 60950.1-2003 (Incorporating Amendment Nos 1, 2 and 3) apply.
Item [4] amends paragraph 4.6(2)(g) which specifies the kinds of information required by suppliers to demonstrate compliance with compliance level 3. The amendment is necessary in order to allow a supplier to rely on a certificate of approval or suitability mentioned in Part 3 of Schedule 7 in relation to items to which the new standard AS/NZS 60950.1-2011 or AS/NZS 60950.1-2003 (Incorporating Amendment Nos 1, 2 and 3) apply.
Item [5] amends the heading of Division 4.5 to clarify that the requirements of the Division only apply to certain CE used in the supply of PMTS and that these requirements are not additional to the requirement to comply with applicable standards.
Item [6] amends subsection 4.9(1) to reflect its original policy intent, namely that subsection 4.9(1) did not impose an additional requirement upon suppliers. The requirement for a supplier to obtain carrier permission before connecting mobile CE to a carrier network or facility only applies to certain mobile CE not captured by categories in Part 2 of Schedule 1 other than A53.
Item [7] inserts a new section 4.9A which provides for a phase in period for the new ACMA S042.4 Standard. If a supplier of mobile equipment to which IMT-2000 applies obtains a carrier’s written permission, on or before 30 April 2012, to connect the mobile CE to a carrier network or facility, the equipment is not required to comply with the AS/CA S042.4-2011 Standard provided that the supplier keeps the written permission as a compliance record.
Item [8] amends Table 1.1 at Part 1 of Schedule 1 of the Labelling Notice to now provide an expiry date for the existing AS/ACIF S002-2005 Standard. As a result of being replaced by the AS/CA S002-2011 Standard, this standard will not apply for the purposes of the TLN after 30 April 2013.
Item [9] amends Table 1.1 at Part 1 Schedule 1 of the Labelling Notice to now provide an expiry date for the existing AS/ACIF S008-2006 Standard. As a result of being replaced by the AS/CA S008-2011 Standard, this standard will not apply for the purposes of the TLN after 30 April 2013.
Item [10] amends Table 1.1 at Part 1 of Schedule 1of the Labelling Notice to now provide an expiry date for the existing AS/ACIF S042.1-2008 Standard. As a result of being replaced by the AS/CA S042.1-2011 Standard, this standard will not apply for the purposes of the TLN after 30 April 2013.
Item [11] amends Table 1.1 at Part 1 of Schedule 1 of the Labelling Notice to now reference the new AS/CA S002-2011 Standard. As a result, suppliers an item of CE to which the AS/CA S002-2011 Standard applies must affix a label to that item indicating whether the equipment or cabling complies with the AS/CA S002-2011 Standard.
Item [12] amends Table 1.1 at Part 1 of Schedule 1 of the Labelling Notice to now reference the new AS/CA S008-2011, AS/CA S042.1-2011 and AS/CA S042.4-2011 Standards. As a result, suppliers an item of CE to which those standards apply must affix a label to that item indicating whether the equipment or cabling complies with the standard. A new Note 34 is referenced against AS/CA S042.4-2011.
Item [13] amends Table 1.1 at Part 1 of Schedule 1 of the Labelling Notice to now provide an expiry date for the existing AS/NZS 60950.1-2003 (Incorporating Amendment Nos 1, 2 and 3) Standard. As a result of being replaced by the AS/NZS 60950.1-2011 Standard, this standard will no longer apply for the purposes of the TLN after 30 April 2013. It also now references the new AS/NZS 60950.1-2011 Standard. As a result, suppliers an item of CE to which this standard applies must affix a label to that item indicating whether the equipment or cabling complies with the standard.
Item [14] amends categories A1 and A2 of Table 1.2 at Part 2 of Schedule 1 of the Labelling Notice to now cite AS/CA S002 as an applicable standard for these categories in addition to AS/ACIF S002 during the overlap period as provided for in Table 1.1 of Schedule 1.
Item [15] amends category A22 of Table 1.2 at Part 2 of Schedule 1 of the Labelling Notice to now cite AS/CA S008 as an applicable standard for this category in addition to AS/ACIF S008 during the overlap period as provided for in Table 1.1 of Schedule 1.
Item [16] amends category A24 of Table 1.2 at Part 2 of Schedule 1 of the Labelling Notice to cite AS/CA S042 as an applicable standard for this category in addition to AS/ACIF S042 during the overlap period as provided for in Table 1.1 of Schedule 1.
Item [17] amends categories A51 and A52 of Table 1.2 at Part 2 of Schedule 1, of the Labelling Notice to cite AS/CA S002 as an applicable standard for these categories in addition to AS/ACIF S002 during the overlap period as provided for in Table 1.1 of Schedule 1. It also amends categories A53 and A54 of Table 1.2 at Part 2 of Schedule 1 of the Labelling Notice to cite AS/CA S042 as an applicable standard for these categories in addition to AS/ACIF S042 during the overlap period as provided for in Table 1.1 of Schedule 1.
Item [18] introduces a new category A55 for mobile equipment to which IMT-2000 applies in Table 1.2 at Part 2 of Schedule 1 of the Labelling Notice, citing AS/NZS 60950 and AS/CA S042 as applicable standards for this category. It also specifies compliance levels for these standards and references the relevant Notes.
Item [19] replaces Note 8 in Schedule 1 so as to include a reference to IMT-2000 standards.
Item [20] replaces Note 13 in Schedule 1 to correct a typographical error, namely the former reference to “TS008-1997” should have been to “ACA TS008-1997”.
Item [21] replaces Note 23 in Schedule 1 so as to clarify the application of section 4.9 and to include a reference to the new category A55.
Item [22] replaces Note 24 in Schedule 1 so as to reflect the application of section 4.9.
Item [23] replaces Note 27 in Schedule 1 so as to clarify the compliance level specifications for sound pressure level requirements for the new standard AS/CA S042.1-2011.
Item [24] inserts a new Note 34 in Schedule 1 which references the alternative compliance path available, on or before 30 April 2012, to suppliers of IMT-2000 equipment as set out at the new section 4.9A.