Telecommunications (Numbering Charges) (Allocation Charge) Determination 2015

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2015L01152 Not in force Legislative Instrument

Legislation content

Telecommunications (Numbering Charges) (Allocation Charge) Determination 2015

made under subsection 13(1) of the

Telecommunications (Numbering Charges) Act 1997.

 

 

Compilation No. 2

Compilation date: 1 October 2022

Includes amendments up to: F2022L01243

 

 

 

Prepared by the Australian Communications and Media Authority, Melbourne

1 Name of Determination

This Determination is the Telecommunications (Numbering Charges) (Allocation Charge) Determination 2015.

4 Interpretation

 (1) In this Determination:

Act means the Telecommunications (Numbering Charges) Act 1997.

charge has the same meaning as in section 10 of the Act.

diamond smartnumber means a smartnumber that is listed as a diamond smartnumber on the list of smartnumber classifications.

gold smartnumber means a smartnumber that is listed as a gold smartnumber on the list of smartnumber classifications.

list of smartnumber classifications means the list of smartnumbers published on the ACMA’s website that lists whether a particular smartnumber is:

 (a) a platinum smartnumber;

 (b) a diamond smartnumber;

 (c) a gold smartnumber;

 (d) an opal smartnumber; or

 (e) a silver smartnumber;

as existing on the day this Determination commences.

opal smartnumber means a smartnumber that is listed as an opal smartnumber on the list of smartnumber classifications.

Plan means the Telecommunications Numbering Plan 2015.

platinum smartnumber means a smartnumber that is listed as a platinum smartnumber on the list of smartnumber classifications.

silver smartnumber means a smartnumber that is listed as a silver smartnumber on the list of smartnumber classifications.

standard smartnumber means a smartnumber that is not:

 (a) a platinum smartnumber;

 (b) a diamond smartnumber;

 (c) a gold smartnumber;

 (d) an opal smartnumber; or

 (e) a silver smartnumber.

Note  In accordance with paragraph 13(1)(b) of the Legislative Instruments Act 2003, other expressions in this Determination have the same meaning as in the Act, including:

  • ACMA (see section 5)
  • allocation (see section 5)
  • carriage service provider (see section 5)
  • number (see section 5)
  • standard telephone service (see section 5)

 (2) In this Determination, unless the contrary intention appears, words and phrases defined in the Plan have the meaning given by the Plan, including:

 (a) access code;

 (b) assigned unallocated smartnumber;

 (c) digital mobile number;

 (d) freephone number;

 (e) geographic number;

 (f) international signalling point code;

 (g) local rate number;

 (h) mobile network code;

 (i) premium rate number;

 (j) smartnumber;

 (k) special services number;

 (l) unassigned unallocated smartnumber.

5 Determination of charges

 (1) For a number that is mentioned in column 1 of an item in the following table, the amount of charge imposed on the allocation of the number is the amount in column 2 of the item.

Table 1—Charges imposed on freephone and local rate numbers (other than smartnumbers) and premium rate numbers that are 6 or 8 digits long

 

Column 1

Number

Column 2

Charge

1

Freephone number, other than a freephone number that is a smartnumber

$57

2

Local rate number, other than a local rate number that is a smartnumber

$57

3

Premium rate number that is 6 or 8 digits long

$57

 

 

 

 (2) For a number that is mentioned in column 1 of an item in the following table, the amount of charge imposed on the allocation of the number is:

 (a) the amount in column 2 of the item (base amount); divided by

 (b) the quantity of numbers included in the application for allocation of the number.

Table 2—Charges imposed on access codes, special services numbers, premium rate numbers that are 10 digits long, international signalling point codes and mobile network codes

 

Column 1

Number

Column 2

Base amount

1

Access code specified for use with a virtual private network service

$57

2

Access code specified for use with an incoming only international service

$57

3

Access code specified for use with an international service

$57

4

Access code specified for use with an interconnect and routing service

$57

5

Assigned unallocated smartnumber

$57

6

Digital mobile number

$57

7

International signalling point code

$57

8

Mobile network code

$57

9

Premium rate number that is 10 digits long

$57

10

Special services number specified for use with a calling card service

$57

11

Special services number specified for use with a community service

$57

12

Special services number specified for use with a data network access service

$57

13

Special services number specified for use with a paging service

$57

14

Special services number specified for use with a satellite telephone service

$57

15

Special services number specified for use with a testing service

$57

16

Special services number specified for use with an internal network service

$57

17

Special services number specified for use with an operator service

$57

 

 

 

Note  In accordance with subsection 59(2) of the Plan, numbers are generally allocated in multiples of standard units.  The amount of allocation charge imposed on a single number will be the quotient of the base rate divided by the quantity of numbers in the application.

Example There are 1 000 numbers in a standard unit of special services numbers specified for use with a paging service.  An application for two standard units of special services numbers specified for use with a paging service is an application for 2 000 numbers.  The allocation charge imposed on any one number covered by an application for two standard units will be:

    $57 ÷ 2 000 = $0.0285

 (3) For the purposes of subsection (2):

 (a) a special services number is specified for use with a type of service if the type of service is mentioned for the number in column 3 of a table in Schedule 5 to the Plan;

 (b) an access code is specified for use with a type of service if the type of service is mentioned for the number in column 3 of a table in Schedule 6 to the Plan.

Note  See subsections 32(2) and 39(3) of the Plan.

 (4) For an unassigned unallocated smartnumber that:

 (a) is mentioned in column 1 of an item in the following table; and

 (b) begins with the digits set out in column 2 of the item; and

 (c) has the quantity of digits set out in column 3 of the item;

  the amount of charge imposed on the allocation of the unassigned unallocated smartnumber is the amount in column 4 of the item.

Table 3—Charges imposed on unassigned unallocated smartnumbers

 

Column 1

Number

Column 2

First digits

Column 3

Quantity of digits

Column 4

Charge

1

Platinum smartnumber

1300

10

$20 000

2

Platinum smartnumber

1800

10

$20 000

3

Platinum smartnumber

13

6

$16 000

4

Diamond smartnumber

1300

10

$8 000

5

Diamond smartnumber

1800

10

$8 000

6

Diamond smartnumber

13

6

$8 000

7

Gold smartnumber

1300

10

$4 500

8

Gold smartnumber

1800

10

$4 500

9

Gold smartnumber

13

6

$6 000

10

Opal smartnumber

1300

10

$1 500

11

Opal smartnumber

1800

10

$1 500

12

Opal smartnumber

13

6

$2 400

13

Silver smartnumber

1300

10

$750

14

Silver smartnumber

1800

10

$750

15

Silver smartnumber

13

6

$1 200

16

Standard smartnumber

1300

10

$250

17

Standard smartnumber

1800

10

$250

18

Standard smartnumber

13

6

$400

 

 

 

 

 

Note 1 Unassigned unallocated smartnumbers are allocated under section 75 of the Numbering Plan.

Note 2 The quantity of digits set out in column 3 of an item includes the first digits set out in column 2 of that item.

 (5) For any number that is not mentioned in subsections (1) to (4), the amount of charge imposed on the allocation of the number is zero.

Note 1 Subsection 15(1) of the Act exempts from charge geographic numbers allocated to carriage service providers for the purposes of providing a standard telephone service to a customer.

Note 2 Subsection 457(2) of the Telecommunications Act 1997 requires an allocation charge for a number to be refunded if the charge is tendered but the application for the number is not successful.

6 Transitional

If:

 (a) an application was made under the Telecommunications Numbering Plan 1997 for allocation of a number; and

 (b) section 135 of the Plan requires the application to be dealt with in accordance with the Telecommunications Numbering Plan 1997 as if that instrument had not been repealed;

then:

 (c) this Determination does not apply to any allocation of a number as a result of that application; and

 (d) the Telecommunications (Numbering Charges – Delegated Services) Determination 2010 applies to an allocation of a number as a result of that application, as if that instrument had not been repealed.

Note    This Determination only applies to allocations of numbers made in respect of applications made after the Determination commences.


Endnotes

Endnote 1 – About the endnotes

The endnotes provide information about this compilation and the compiled law.

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law.  The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 

Endnote 2—Abbreviation key

ad = added or inserted

 

am = amended

 

rep = repealed

 

rs = repealed and substituted

 

s = section(s)/subsections(s)

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Telecommunications (Numbering Charges) (Allocation Charge) Determination 2015

16 July 2015

(F2015L01152)

1 August 2015 (see s.2, s.2 of the Telecommunications Numbering Plan 2015 (F2015L00319) and the Telecommunications Numbering Plan Commencement Instrument 2015 (F2015L01199)

 

Telecommunications (Numbering Charges) (Allocation Charge) Amendment Determination 2017 (No. 1)

30 March 2017

(F2017L00345)

1 April 2017 (s.2)

 

Telecommunications (Numbering Charges) (Allocation Charge) Amendment Determination 2022 (No.1)

23 September 2022

(F2022L01243)

1 October 2022

 

Endnote 4—Amendment history

 

Provision affected

How affected

s.2.....................

rep. LA s.48D

s.3.....................

rep. LA s.48C

s. 5.....................

am F2017L00345, am. F2022L01243

 

Overview

The Telecommunications (Numbering Charges) (Allocation Charge) Determination 2015 was enacted to establish the charges for the allocation of telecommunications numbers in Australia, ensuring that such charges are fair, efficient, and aligned with the objectives of the Telecommunications (Numbering Charges) Act 1997. This legislative instrument was developed under the authority of the Australian Parliament and was enacted to address the need for a structured and transparent process for assigning telecommunications numbers. The primary policy objective of this legislation is to regulate the allocation charges of telecommunications numbers, thereby ensuring an equitable distribution of resources and preventing misuse or overuse of certain number categories. This determination sets out the specific charges for various types of numbers, including freephone, local rate, premium rate, and smartnumbers, among others, ensuring that all stakeholders are aware of the costs involved in obtaining telecommunications numbers.

Scope and Application

The Telecommunications (Numbering Charges) (Allocation Charge) Determination 2015, made under the Telecommunications (Numbering Charges) Act 1997, specifies the charges for the allocation of telecommunications numbers. It applies to various types of numbers including freephone numbers, local rate numbers, premium rate numbers, access codes, smartnumbers, and special services numbers. The charges vary based on the type of number and its classification (such as platinum, diamond, gold, opal, or silver smartnumbers). The Determination applies to all telecommunications numbers allocated under the Telecommunications Numbering Plan 2015, and it does not apply to geographic numbers used for providing a standard telephone service, which are exempt from allocation charges. The Determination includes specific transitional provisions for applications made under the repealed Telecommunications Numbering Plan 1997, ensuring those applications are governed by the Telecommunications (Numbering Charges – Delegated Services) Determination 2010. The charges are set out in detailed tables within the Determination, and the allocation charge for a number is calculated based on the type and classification of the number in question. The Determination can be amended through subordinate instruments to adjust the charges or classifications as needed.

Key Provisions

The Telecommunications (Numbering Charges) (Allocation Charge) Determination 2015, made under subsection 13(1) of the Telecommunications (Numbering Charges) Act 1997, sets forth the charges imposed on the allocation of certain telecommunications numbers. The determination delineates specific charges for different categories of numbers, including freephone numbers, local rate numbers, premium rate numbers, and various types of smartnumbers. For instance, the allocation charge for freephone numbers, local rate numbers, and certain premium rate numbers is set at $57 (sections 2(1) and 2(2)). For other numbers such as access codes, special services numbers, and premium rate numbers that are 10 digits long, the charge is determined by dividing a base amount by the quantity of numbers in the application (section 2(2)). Additionally, the determination specifies charges for different types of smartnumbers, which vary based on their classification and the number of digits (section 2(4)). The Act imposes several obligations on the parties involved in the allocation of telecommunications numbers. It mandates that certain charges be imposed on the allocation of specified numbers, as detailed in the determination. Furthermore, it requires that these charges be calculated and applied according to the rules set out in the determination. For instance, for smartnumbers, the charge is determined based on the classification of the number and the number of digits (section 2(4)). The Act also requires that if a charge is tendered but the application for the number is unsuccessful, the charge must be refunded (subsection 457(2) of the Telecommunications Act 1997). Failure to comply with the provisions of the Act or the determination may result in civil or criminal penalties. The specific penalties are not detailed in the determination itself but would be found in the broader framework of the Telecommunications (Numbering Charges) Act 1997. Generally, under the Act, non-compliance could lead to penalties including fines. The exact penalties would depend on the nature and severity of the breach, and could be enforced through the courts. For instance, under section 59 of the Telecommunications Act 1997, an individual may be subject to a penalty of up to $22,000 for each offence if found guilty of contravening certain provisions of the Act.

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