Telecommunications (Numbering Charges - Delegated Services) Determination 2010

Administered by Department of Communications and the Arts

Legislation au F2010L01832 Not in force Legislative Instrument

Legislation content

Telecommunications (Numbering Charges — Delegated Services) Determination 2010

as amended

made under section 13 of the

Telecommunications (Numbering Charges) Act 1997

This compilation was prepared on 17 June 2013

taking into account amendments up to Telecommunications (Numbering Charges Delegated Services) Amendment Determination 2012

Prepared by the Australian Communications and Media Authority

Contents

 1 Name of Determination 2

 2 Commencement 2

 3 Definitions 2

 4 Application 3

 5 Amount of charge — allocation with withheld status 3

 6 Amount of charge — allocation with reserve status 3

 7 Amount of charge — extending reservation period  for allocation with withheld status              3

 8 Amount of charge — extending reservation period  for allocation with reserved status              4

 9 Amount of charge — allocation without reservation of number 4

 10 Amount of charge — release of quarantined number 4

 

 

1 Name of Determination

  This Determination is the Telecommunications (Numbering Charges – Delegated Services) Determination 2012.

2 Commencement

  This Determination commences on 1 July 2010.

3 Definitions

  In this Determination:

Act means the Telecommunications (Numbering Charges) Act 1997.

allocation with reserve status has the meaning given in the Dictionary to the numbering plan.

allocation with withheld status has the meaning given in the Dictionary to the numbering plan.

charge has the meaning given by section 10 of the Act.

electronic allocation procedure has the meaning given in the Dictionary to the numbering plan.

freephone number has the meaning given in the Dictionary to the numbering plan.

INMS means the corporation known as Industry Number Management Services Limited.

local rate number has the meaning given in the Dictionary to the numbering plan.

premium rate number has the meaning given in the Dictionary to the numbering plan.

quarantined number has the meaning given in the Dictionary to the numbering plan.

registered carriage service provider has the meaning given in the Dictionary to the numbering plan.

reservation period has the same meaning as in the numbering plan.

reserved number has the meaning given in the Dictionary of the numbering plan.

Note   A number of expressions used in this Determination are defined in section 5 of the Act, including:

 ACMA

 allocation

 carriage service provider

 number

 numbering plan.

4 Application

  For section 13 of the Act, this Determination applies to the imposition of charge on the allocation of a freephone number, local rate number or premium rate number to a registered carriage service provider by INMS.

5 Amount of charge — allocation with withheld status

  If the registered carriage service provider is allocated a reserved number for an allocation with withheld status under subsection 3.52 (3) of the numbering plan, the amount of charge is $22.00.

6 Amount of charge — allocation with reserve status

  If the registered carriage service provider is allocated a reserved number for an allocation with reserved status under subsection 3.64 (3) of the numbering plan, the amount of charge for the allocation is $22.00.

7 Amount of charge — extending reservation period  for allocation with withheld status

  If:

 (a) the registered carriage service provider is allocated a reserved number for an allocation with withheld status under subsection 3.52 (3) of the numbering plan; and

 (b) an extension of the reservation period is approved under paragraph 3.54 (4) (a) of the numbering plan;

the amount of charge for the extension of the reservation period is $22.00.

8 Amount of charge — extending reservation period  for allocation with reserved status

  If:

 (a) the registered carriage service provider is allocated a reserved number under subsection 3.64 (3) of the numbering plan; and

 (b) an extension of the reservation period is approved under paragraph 3.66 (4) (a) of the numbering plan;

the amount of charge for the extension of the reservation period is $22.00.

9 Amount of charge — allocation without reservation of number

  If the registered carriage service provider is allocated a number without requiring the number to be reserved under subsection 3.74 (3) of the numbering plan, the amount of charge for the allocation is $34.00.

10 Amount of charge — release of quarantined number

  The amount of charge for the release of a quarantined number to the registered carriage service provider under subsection 3.87 (6) of the numbering plan is $45.00.

 

Notes to the Telecommunications (Numbering Charges — Delegated Services) Determination 2010

Note 1

The Telecommunications (Numbering Charges — Delegated Services) Determination 2010 (in force under section 13 of the Telecommunications (Numbering Charges) Act 1997) as shown in this compilation comprises the principal instrument amended as indicated in the Tables below.

Table of Instruments

Title

Date made or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Telecommunications (Numbering Charges — Delegated Services) Determination 2010

29/06/2010
F2010L01832

01/07/2010

 

Telecommunications (Numbering Charges — Delegated Services) Amendment Determination 2011

29/06/2011
F2011L01309

01/07/2011

Telecommunications (Numbering Charges — Delegated Services) Amendment Determination 2012

21/08/2012
F2012L01726

01/09/2012

 

 

 

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

 

 

S. 5 .................

am. 2012 No. 1

S. 6 .................

am. 2012 No. 1

S. 7 .................

am. 2012 No. 1

S. 8 .................

am. 2012 No. 1

S. 9 .................

am. 2011 No. 1; am. 2012 No. 1

S. 10 ................

am. 2012 No. 1

 

Overview

The Telecommunications (Numbering Charges – Delegated Services) Determination 2010, as amended, was enacted to provide for the imposition of charges related to the allocation and reservation of telecommunications numbers, including freephone, local rate, and premium rate numbers, by Industry Number Management Services Limited (INMS). This legislative instrument was introduced to address the need for a clear framework governing the allocation and reservation of these special numbers, ensuring that service providers are aware of the associated costs. The determination was made under section 13 of the Telecommunications (Numbering Charges) Act 1997 and was prepared by the Australian Communications and Media Authority. The policy objective of the determination is to establish transparent and predictable pricing for the allocation and reservation of telecommunications numbers, thus facilitating better planning and budgeting for service providers.

Scope and Application

The Telecommunications (Numbering Charges — Delegated Services) Determination 2010, as amended, applies to the imposition of charges on the allocation of certain types of telecommunications numbers, specifically freephone numbers, local rate numbers, and premium rate numbers, to registered carriage service providers by Industry Number Management Services Limited (INMS). This determination, made under section 13 of the Telecommunications (Numbering Charges) Act 1997, commenced on 1 July 2010. It specifies the amount of charge for various allocation scenarios, including the allocation of a reserved number with withheld or reserve status, the extension of a reservation period, the allocation of a number without reservation, and the release of a quarantined number. The charges range from $22.00 to $45.00, depending on the specific circumstances of the allocation. This determination applies nationally and is subject to amendment through subordinate instruments, as evidenced by the Telecommunications (Numbering Charges — Delegated Services) Amendment Determination 2011 and 2012.

Key Provisions

The Telecommunications (Numbering Charges — Delegated Services) Determination 2010, as amended, specifies the charges for various services related to the allocation of telecommunications numbers to registered carriage service providers by Industry Number Management Services Limited (INMS). The charges apply to different scenarios such as the allocation of a reserved number with withheld status (Section 5), allocation of a reserved number with reserve status (Section 6), extending the reservation period for an allocation with withheld status (Section 7), and extending the reservation period for an allocation with reserve status (Section 8). It also covers the allocation of a number without reservation (Section 9) and the release of a quarantined number (Section 10). Each of these scenarios incurs a specific charge, ranging from $22.00 to $45.00, depending on the nature of the service. The Determination imposes certain obligations on registered carriage service providers and INMS. Registered carriage service providers must pay the specified charges for the services rendered by INMS. These charges are fixed and must be adhered to as per the provisions of the Determination. INMS, on the other hand, is obligated to allocate numbers and extend reservation periods as per the requests from registered carriage service providers and charge the specified amounts accordingly. The charges and the processes for allocation and reservation must be in compliance with the numbering plan and other relevant provisions under the Telecommunications (Numbering Charges) Act 1997. Failure to comply with the provisions of the Determination can lead to various consequences. While the Determination does not explicitly detail criminal or civil penalties for non-compliance, breaches of related provisions under the Telecommunications (Numbering Charges) Act 1997 can attract penalties. For instance, misleading or deceptive conduct in relation to charges could potentially lead to fines under the Australian Consumer Law. Additionally, any failure to adhere to the charges as specified in this Determination could result in disputes and potential legal action between the parties involved. The exact consequences would depend on the specific nature of the breach and the applicable laws.

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Area of Law
Telecommunications Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Amount of charge
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