EXPLANATORY STATEMENT
Issued by the Authority of the Australian Communications and Media Authority
Telecommunications (Numbering Charges – Delegated Services) Amendment Determination 2012
Telecommunications (Numbering Charges) Act 1997
Purpose
The Telecommunications (Numbering Charges – Delegated Services) Amendment Determination 2012 (the Amendment Determination) has been made by the Australian Communications and Media Authority (ACMA) to amend the fees set by the Telecommunications (Numbering Charges – Delegated Services) Determination 2010 (as amended) (the Determination) for the delegated services provided by Industry Number Management Services Ltd (INMS) on the ACMA’s behalf.
Legislative Provisions
Under section 455 of the Telecommunications Act 1997 (the Telecommunications Act) the ACMA must make a written instrument (known as the ‘Numbering Plan’) for the numbering of carriage services in Australia. Amongst other things, the Numbering Plan may set out rules about the allocation, transfer and surrender or withdrawal of numbers in accordance with subsection 455(5) of the Telecommunications Act.
Subsection 467(1) of the Telecommunications Act provides that the ACMA may, by writing, delegate all or any of the powers conferred on the ACMA by the Numbering Plan to a body corporate. The ACMA has delegated a series of powers relating to the allocation and surrender of numbers, to Industry Number Management Services Ltd (INMS), which is owned by four of the major registered subscribers – Telstra, Optus, Primus and AAPT. The delegated powers include administration of the allocation without reservation of a number (generally referred to as the ‘issue’ of a number), release of a quarantined number, allocation with withheld or reserved status, extending the reservation period for allocation with withheld or reserved status, and cancellation or returning of numbers.
Under the Telecommunications (Numbering Charges) Act 1997 (Numbering Charges Act), the ACMA can impose charges in relation to numbers allocated to certain carriage service providers under the Telecommunications Act. Under section 11 of the Numbering Charges Act, if a number is allocated to a carriage service provider otherwise than in accordance with an allocation system (which is the case here), a charge is to be imposed on the allocation of the number. Section 12 of the Numbering Charges Act provides that the charge is payable by the carriage service provider.
Under section 13 of the Numbering Charges Act, the amount of the charge imposed on the allocation of the number is the amount set out in a written determination made by the ACMA. This instrument is a disallowable instrument for the purposes of section 6(d) of the Legislative Instruments Act 2003.
Under section 14 of the Numbering Charges Act the maximum charge which can be imposed on the allocation of a number is $100,000.
Under subsection 9(1) Human Rights (Parliamentary Scrutiny) Act 2011 explanatory statements accompanying disallowable instruments must contain a statement of compatibility. This instrument does not raise any Human Rights Issues and a statement to that effect is provided in attachment A.
Background
The ACMA has outsourced the administration of certain telephone numbering services – the allocation and surrender of freephone, local rate and premium rate numbers – to INMS. Carriage service providers who have registered with INMS can receive these outsourced services. The registered carriage service providers then use the numbers obtained from INMS to provide services to their end-user customers. Power to deliver these numbering administration services has been delegated to INMS under the Telecommunications Numbering Plan 1997 and subsection 467(1) of the Telecommunications Act.
INMS has been providing delegated freephone and local rate number administration services since November 2000, and premium rate numbering administration services since March 2004. Section 457 of the Telecommunications Act and section 13 of the Numbering Charges Act require that allocation charges be determined in writing. On this basis, on 24 June 2010 the ACMA determined INMS delegated service charges by making the Determination. As part of this process, the proposed costs and charging methodology for delegated services were subject to a review by an independent auditor engaged by INMS for quality assurance purposes. This audit specifically reviewed the application of the Commonwealth cost recovery principles to the fee setting process. The audit report confirmed that the methodology used by INMS for assigning costs are appropriate and the cost and revenue budgets assigned are reasonable.
INMS and the ACMA have recently completed the annual fee review for 2012 to ensure that they continue to be set consistent with Commonwealth cost recovery guidelines. As a result of this recent review, the fees have been increased as outlined in the table below.
Transaction Type | Proposed Charge (GST exempt) | Current Charge (GST exempt) |
Allocation without reservation of number | $34.00 | $27.00 |
Allocation with reserve status | $22.00 | $14.00 |
Extending reserve period for allocation with reserved status | $22.00 | $14.00 |
Allocation with withheld status | $22.00 | $14.00 |
Extending reservation period for allocation with withheld status | $22.00 | $14.00 |
Release of quarantined number | $45.00 | $39.00 |
An independent auditor reviewed the INMS budget for 2012-2013 and confirmed that it was properly prepared and adhered to the cost recovery guidelines.
Regulation Impact
The Department of Finance and Deregulation has been consulted about this issue and has advised that the determined fees have been developed in a manner consistent with Commonwealth cost recovery requirements.
The Office of Best Practice Regulation has been consulted and advised that a regulatory impact statement is not required as the amendment will have minor and machinery impacts.
Consultation
The recommended changes to the fees have been approved by the INMS Board.
On 14 June 2012 the ACMA wrote individually to all registered subscribers for delegated services currently receiving these services seeking comment on the proposed fee change. The ACMA also made information on the proposed change available through the ACMA website.
The closing date for comments was 13 July 2012. No comments were received.
Notes on sections
Section 1 – Name of Determination
Section 1 provides that the name of the Amendment Determination is the Telecommunications (Numbering Charges – Delegated Services) Amendment Determination 2012.
Section 2 – Commencement
Section 2 provides that the Amendment Determination commences on 1 September 2012.
Section 3 – Amendment of the Telecommunications (Number Charges – Delegated Services) Determination 2010
Section 3 provides that Schedule 1 to the Amendment Determination amends the Telecommunications (Numbering Charges – Delegated Services) Determination 2010.
Schedule 1 Amendments
Schedule 1 amends the following sections of the Determination.
Section 5 of the Determination by omitting $14.00 and inserting $22.00 as the fee for allocating a number with withheld status.
Section 6 of the Determination by omitting $14.00 and inserting $22.00 as the fee for allocating a number with reserved status.
Section 7 of the Determination by omitting $14.00 and inserting $22.00 as the fee for extending the reservation period for numbers allocated with withheld status.
Section 8 of the Determination by omitting $14.00 and inserting $22.00 as the fee for extending the reservation period for numbers allocated with reserved status.
Section 9 of the Determination by omitting $27.00 and inserting $34.00 as the fee for allocating a number.
Section 10 of the Determination by omitting $39.00 and inserting $45.00 as the fee for releasing a quarantined number.
Attachments:
A. Statement of Compatibility – Human Rights Issues
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Telecommunications (Numbering Charges – Delegated Services) Amendment Determination 2012
This Bill/Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill/Legislative Instrument
The Telecommunications (Numbering Charges – Delegated Services) Amendment Determination 2012 (the Amendment Determination) has been made by the Australian Communications and Media Authority (ACMA) to amend the fees set by the Telecommunications (Numbering Charges – Delegated Services) Determination 2010 (the Determination) and the Telecommunications (Numbering Charges – Delegated Services) Amendment Determination 2011 for the 2012-13 financial year for the delegated services provided by Industry Number Management Services Ltd (INMS) on the ACMA’s behalf.
Human rights implications
This Bill/Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Bill/Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Australian Communications and Media Authority
This material is provided to persons who have a role in Commonwealth legislation, policy and programs as general guidance only and is not to be relied upon as legal advice. Commonwealth agencies subject to the Legal Services Directions 2005 requiring legal advice in relation to matters raised in connection with this template must seek that advice in accordance with the Directions.