EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Telecommunications Act 1997

Telecommunications Numbering Plan 2025

Authority

The Australian Communications and Media Authority (the ACMA) has made the Telecommunications Numbering Plan 2025 (the instrument) under section 455(1) of the Telecommunications Act 1997 (the Act) and subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).

Subsection 455(1) of Act provides that the ACMA must, by legislative instrument, make a plan for the numbering of carriage services in Australia and the use of numbers in connection with the supply of such services.

Subsection 33(3) of the AIA relevantly provides that where an Act confers a power to make a legislative instrument, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Purpose and operation of the instrument

Part 22 of the Act deals with the numbering of carriage services in Australia. Under section 455 the ACMA must make a plan (the numbering plan) for the numbering of carriage services in Australia and the use of numbers in connection with the supply of such services (subsection (1)). This numbering plan must specify the numbers that are for use in connection with the supply of carriage services to the public in Australia, and may specify different numbers for use in connection with the supply of different types of carriage services (subsection (4)). Subsection (5) provides that the numbering plan may set out rules about the allocation of numbers to carriage service providers (CSPs), the transfer of allocated numbers between CSPs, the surrender or withdrawal of allocated numbers, the portability of allocated numbers, and the use of allocated numbers in connection with the supply of carriage services to the public (including rules about the issue of allocated numbers to customers). CSP is defined in s 87 of the Act.

Subsection 462(1) of the Act provides that carriers (licensed under s56 of the Act) and CSPs must comply with the numbering plan. Compliance with the Act is a requirement of the service provider rules under Schedule 2 to the Act, and is a condition on a carrier licence under Schedule 1 to the Act. Compliance with the service provider rules is required under section 101 the Act, which is a civil penalty provision. Compliance with a carrier licence condition is required by section 68 of the Act, which is also a civil penalty provision.

Under subsection 458(1) of the Act, the ACMA may only include rules about number portability if it has been directed to do so by the Australian Competition and Consumer Commission (the ACCC) under subsection 458(2).  The ACMA must exercise its powers under section 455 in a manner consistent with any such directions (subsection 458(4)). The ACCC directed the ACMA to include rules about number portability in March 2025.

Accordingly, the ACMA has included rules about portability in the instrument which are consistent with the ACCC directions. These rules are contained in Chapter 10 - Number Portability of the instrument.

Under section 459 of the Act, the ACMA has the general administration of the numbering plan. The ACMA manages the allocation, transfer and surrender of most numbers via the Numbering System, which is accessible at (https://www.thenumberingsystem.com.au/). This enables carriage service providers, individuals and businesses to purchase and manage different types of numbers, including mobile numbers, geographic numbers and smartnumbers. The operation of the Numbering System is consistent with the requirements of the numbering plan, as provided for in the instrument.

The instrument commences on the day after it is registered.

The instrument is a legislative instrument for the purposes of the Legislation Act 2003 (the LA). The instrument is a disallowable instrument under Part 2 of Chapter 3 of the LA and is subject to the sunsetting provisions in Part 4 of Chapter 3 of the LA.

A provision-by-provision description of the instrument is set out at Attachment A.

Documents incorporated by reference

Subsection 589(1) of the Act provides that an instrument under the Act may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) provisions of any Act as in force at a particular time, or as in force from time to time.

Subsection 589(2) of the Act provides that an instrument under the Act may make provision in relation to a matter by applying, adopting or incorporating (with or without modifications) matter contained in any other instrument or writing as in force or existing at a particular time, or as in force or existing from time to time, even if the other instrument or writing does not yet exist when the instrument made under the Act is made.

The instrument incorporates the following Acts or otherwise refers to them:

• the Act
• the Administrative Review Tribunal Act 2024 (ART Act)
• the AIA
• the Australian Communications and Media Authority Act 2005 (the ACMA Act)
• the Competition and Consumer Act 2010 (CC Act)
• the Corporations Act 2001
• the Criminal Code Act 1995 (which contains, in the Schedule, the Criminal Code)
• the LA
• the Telecommunications (Consumer Protection and Service Standards) Act 1999 (TCPSS Act)
• the Telecommunications (Numbering Charges) Act 1997 (Numbering Charges Act).

The Acts listed above may be obtained, free of charge, from the Federal Register of Legislation (www.legislation.gov.au).The Telecommunications Numbering Plan 2015 is incorporated as in place immediately prior to the making of the plan, to support transitional provisions.

Consultation

Public consultation

Section 17 of the LA requires that, before making a legislative instrument, the ACMA must be satisfied that any consultation it considers to be appropriate and that is reasonably practicable to undertake has been undertaken. Prior to making the instrument, the ACMA has undertaken consultation on the proposed changes through a series of consultation papers, workshops, bi-lateral meetings, and at Numbering Advisory Committee (NAC) meetings.

In January 2024, the review commenced with a targeted stakeholder consultation where the ACMA wrote to 49 stakeholders seeking views on what should be the key issues and changes the ACMA should consider in relation to the numbering plan. Twelve responses were received suggesting a range of changes that could be made. These included that the numbering plan should be updated to reflect technological innovations that have an increasing prevalence in the industry such as Voice over Internet Protocol (VoIP) and the Internet of Things (IoT), removal of redundant number types, and that mobile numbers should be a stand-alone number type rather than a special services number type. Some stakeholders also sought clarity on uses such as Australian numbers being used to initiate traffic outside Australia and the multiple service practice (MSP), where numbers held and issued to a customer by one CSP are used to originate traffic on the networks of other CSPs, at the request of the customer.

In June 2024, the ACMA released a public discussion paper including issues raised by stakeholders during the targeted consultation and other changes it considered may be desirable such as cancellation of enhanced rights of use for numbers used for scam and fraud purposes and increasing the supply of numbers in areas where current ranges may be exhausted in the next 10 years. Inclusive of a reply-to-comment period, under this discussion paper consultation, there were 26 submissions provided to the ACMA.

Submissions were generally supportive of potential changes to the numbering plan to introduce a new number range for IoT, classification of mobile numbers as their own number type, an updated definition of ‘local service’ to reflect that geographic numbers are used for services like VoIP calling and are not tied to specific locations, the removal of redundant or low use number types and ranges and the addition of a provision to cancel the enhanced rights of use for smartnumbers if the number is used for scam calls. Some submissions also suggested the introduction of a new non-geographic number type to accommodate newer cloud-based services.

A number of issues drew disparate views from stakeholders including the use of Australian numbers overseas and the MSP, making the numbering plan principles-based, and the use of mobile numbers for non-mobile services.

Between August and October 2024, the ACMA undertook additional stakeholder consultation, including conducting workshops with industry members and holding several bilateral meetings to gather more information and understand stakeholder views on various issues raised in the review including a potential non-geographic number range, use of Australian numbers overseas and definition of ‘local service’.

Together these consultations informed the ACMA’s drafting of the proposed numbering plan which it released for public consultation together with an accompanying consultation paper in November 2024, pursuant to subsection 460(1) of the Act which requires that before making a numbering plan, the ACMA must publish a notice on its website stating that it has prepared a draft of the plan, setting out that draft and inviting interested persons to give written comments about the draft to the ACMA within 90 days after publication of the notice. This consultation closed in February 2025. The ACMA received 15 submissions in response to the consultation paper. None of the submissions were opposed to the proposed making of the instrument. 

This consultation supported changes in the proposed numbering plan to remove redundant number types, introduce new numbers for public safety services and IoT services, and provisions to enable the ACMA to cancel the enhanced rights of use for a smartnumber where the number is used for scam or fraud activities.  

Other changes in the draft proposed numbering plan received mixed feedback from the industry including the proposed use of mobile numbers and the definition of ‘local service’.

Large mobile network operators opposed the new proposed paragraph 19(1)(b) which was introduced to make mobile numbers available for use for new, innovative and legitimate services that otherwise do not have a place in the numbering plan. These stakeholders had made submissions to the ACMA to restrict the use of mobile numbers to mobile services originated on mobile networks claiming that the misuse of mobile numbers has diminished the public’s trust in these numbers and impeded their ability to enact scam controls. They submitted that the proposed use of mobile numbers is overly broad. The ACMA considered that the numbering plan should provide numbers for new, innovative and competitive services that otherwise are not provided for in the numbering plan and that this promotes the long-term interests of end-users. The ACMA did not consider services referred to in paragraph 19(1)(b) of the numbering plan need to be specifically or exhaustively defined. The provision has been drafted in a way that allows and accommodates the emergence of new technologies and services and its application is limited by what is permitted elsewhere in the numbering plan.

In our early consultations, stakeholders suggested the definition for local service in the current numbering plan should be updated to reflect its contemporary application to IP telephony. In consultation, most submissions supported the proposed definition. Two CSPs stated it would be more appropriate to consider the definition for local service at the same time as a potential introduction of a non-geographic number range in the numbering plan. Another stakeholder raised concerns that the updated definition could be confused with number portability and potentially lead to unintended use of geographic numbers diminishing the purpose and intent of having the geographic number ranges. The intent of this definition update is to align with current use; many local services are used in non-fixed locations, for example, changes to work habits allow staff to work remotely but still display their office number when making calls. Geographic numbers aligning to standard zone units were originally put in place to allow for calls to be charged as a local or long-distance call. With the introduction of phone plan bundles, caller location has decreasing relevance for call charging and is likely to be redundant in the longer term. The ACMA decided to proceed with updating the definition but changed ‘portable’ to ‘flexible’, to remove any confusion with number portability.

A key and contested issue considered as part of the review was the MSP. Industry has been significantly divided on whether MSP should be allowed. CSPs opposing the practice have primarily focused on the impact on scam mitigation efforts, while CSPs supporting the practice have focused on it being an innovative competition measure enabling consumer choice. The numbering plan consultation process has surfaced evidence that MSP is entrenched and widespread, and its prohibition would impact thousands of businesses, including government agencies, small companies, and non-profit organisations. There is evidence that an outright ban on the practice would have wide-reaching impacts across parts of the telecommunications sector and the broader economy. The ACMA does not propose to prohibit the MSP in the numbering plan based on this evidence and feedback. Instead, the ACMA will take forward a program of work under its scam reduction program to explore, and consult on, regulatory controls for MSP that will balance consumer choice and competition against scam reduction objectives.

The ACMA had regard to the views of stakeholders during the finalisation of the instrument.

Other Consultation

The ACMA also consulted the ACCC on several occasions in accordance with subsection 461(1) of the Act before making the instrument, and the ACCC provided submissions to the discussion paper in July 2024 and consultation paper in February 2025. As part of this consultation the ACCC commented on the use of mobile numbers, the definition of local service and smartnumbers and number portability. These issues were considered by the ACMA and also raised at the NAC of which ACCC is a member.

The ACMA convened two NAC meetings during the course of the review. The NAC is established under section 58 of the ACMA Act which allows the ACMA to establish an advisory committee to assist it in performing any of its functions. The NAC consists of industry and consumer bodies, the Telecommunications Industry Ombudsman (TIO), ACCC, the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (the Department) and representatives from CSPs.

Held in June 2024, the first NAC meeting followed the release of the ACMA’s discussion paper. The second, held in February 2025, followed the closure of the 90-day consultation period to further discuss the proposed amendments in the draft Numbering Plan. Following consultation with the NAC, the ACMA added a clarifying note to the definition of IoT services and substituted the word ‘portable’ with ‘flexible’ in the definition of local services to avoid potential confusion with number portability rules.

Statement of compatibility with human rights

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule-maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility with human rights to be prepared in respect of that legislative instrument.

The statement of compatibility with human rights set out below has been prepared to meet that requirement.

Overview of the instrument

The instrument repeals and replaces the previous Telecommunications Numbering Plan 2015, and largely maintains the existing arrangements and rules for the allocation and use of numbers.  The instrument specifies numbers that are available for use in connection with the supply of carriage services to the public in Australia, sets out the procedures for allocation, transfer, withdrawal and surrender of numbers, and makes rules about the use and portability of numbers by CSPs.

Human rights implications

The ACMA has assessed whether the instrument is compatible with human rights, being the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia. Having considered the likely impact of the instrument and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instrument does not engage any of those rights or freedoms.

Conclusion

The instrument is compatible with human rights as it does not raise any human rights issues.

Attachment A

Notes to the Telecommunications Numbering Plan 2025

CHAPTER 1 – PRELIMINARY

This Chapter deals with the provisions of the instrument of general application, such as its objects and when it will come into effect. It also defines key terms used throughout the instrument.

Part 1 – General

Section 1  Name

This section provides that the name of the instrument is the Telecommunications Numbering Plan 2025.

Section 2 Commencement

This section provides that the instrument is to commence at the start of the day after the day it is registered on the Federal Register of Legislation.

Section 3 Authority

This section provides that the instrument is made under subsection 455(1) of the Act.

Section 4 Repeal of the Telecommunications Numbering Plan 2015

This section repeals the Telecommunications Numbering Plan 2015 (F2015L00319).

Section 5 Definitions

This section defines key terms used throughout the instrument. Each term is either defined in the definitions itself or elsewhere in the instrument. Where a term is defined elsewhere, the definition includes a reference to the relevant provision.

Section 6 References to other instruments

This section provides that in the instrument, unless the contrary intention appears, a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time. A reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or existing from time to time.

Section 7 Regard to be had to objects and other matters

This section provides guidance on interpreting and making decisions under the instrument, requiring regard to be had to:

•          the objects of the Act; and

•          the desirability of ensuring consistency with the object of the telecommunications access regime under Part XIC of the CC Act 2010; and

•          the desirability of ensuring that the management of numbers under the instrument is consistent with the requirements of other instruments made under the Act.

CHAPTER 2 – NUMBERS FOR USE

Subsection 455(3) of the Act provides that the instrument must specify numbers that are for use by CSPs in connection with the supply of services to the public in Australia. The purpose of this Chapter is to make a distinction between numbers specified in the instrument for use in connection with the supply of services to the public and numbers that may be used for other purposes. (For the purposes of the instrument, the term supply to the public is defined in section 456 of the Act.)

Section 8 Numbers for use - public

This section sets out the numbers that are used in connection with the supply of carriage services to the public in Australia. These include geographic numbers, mobile numbers, some special service numbers (including internet of things numbers), and freephone and local rate numbers. These different types of numbers are defined in the instrument.

A number that is not set out in subsection 8(1) cannot be used in connection with the supply of carriage services to the public in Australia.

Section 9 Numbers for use - non-public

This section explains that numbers that are not listed in section 8 but are otherwise referred to in the instrument, as well as numbers that are not specified in the instrument, may be used in connection with the supply of carriage services other than to the public.

CHAPTER 3 – SPECIFICATION OF TELEPHONE NUMBERS

The purpose of Chapter 3 (when read with Chapter 2) is to specify those telephone numbers that are to be used with specific carriage services and how the numbers may be used in connection with the supply of carriage services in Australia.

Part 1 – Geographic numbers
 

Section 10 Definition of geographic number

This section defines a geographic number to be a 10-digit number consisting of a 2-digit area code set out in column 1 of an item in Schedule 1, followed by an 8-digit local number beginning with the digit(s) listed in the item after the area code.

Schedule 1 identifies all the numbers that are geographic numbers.

Section 11 Use of geographic numbers

This section specifies that geographic numbers must only be used to supply a local service. This does not prevent a number other than a geographic number being used to supply those services.

Geographic numbers are allocated to a standard zone unit (SZU), which is a geographic area for charging purposes. Standard zone units are listed on the ACMA's website. A geographic number allocated to a SZU must only be used to supply carriage services that either terminate calls to the number at a location within the SZU, or that are charged as if the calls were terminated within the SZU. A geographic number is specified for use in a particular SZU if the SZU is mentioned for the number in Schedule 1, or the SZU is in a charging district mentioned for the number. A charging district is a collection of SZUs. Charging districts are listed on the ACMA's website at www.acma.gov.au.

This section also requires consistency in how geographic numbers are used to supply carriage services, particularly for areas where geographic numbers with the same first 6 digits have been issued.
 

Section 12  Notice of geographic number that may terminate in different locality

This section applies to a carriage service provider when offering to supply a local service using a geographic number in circumstances where:

•          calls to that number may not terminate in the SZU for which the number was allocated

•          there is no relevant industry code setting out the relevant information the CSP must provide.

At the time of offering to supply the service, the CSP must give written notice to all potential customers of the limitations of the service, namely that:

•          even if the customer is located outside the geographic number's specified SZU, calls to the number will be charged as if the customer was located within the SZU

•          the customer may not be able to port that number to another carriage service provider.

If the CSP uses the internet to make the offer, the notice must be prominently displayed on the primary webpage used to make the offer in legible text with a font size of at least 10 point and written in plain English.

The CSP must also obtain an acknowledgement from the customer that the customer understands the limitations of the service as set out in the notice.

Section 13 Use of local numbers

This section provides that a CSP must treat a local number (i.e. a geographic number that has been dialled without an area code) dialled from a carriage service as a geographic number having the same area code as the area code of the originating service.

Part 2 – Freephone, local rate and mobile numbers
 

Division 1 – Freephone numbers

Section 14 Definition of freephone number

This section defines a freephone number as a number beginning with the digits set out in an item at column 1 of Schedule 2 and with the number of digits set out in column 2 for that item. These numbers all commence with the digits 180.

Section 15 Use of freephone numbers

This section specifies that freephone numbers may only be used to supply a freephone service. 'Freephone service' is defined in section 5 of the instrument to mean a carriage service where:

•          the customer issued with the number is charged for calls to the number for the service

•          the call charge for calls made to the number for the service from a standard telephone service (with some exceptions) is nil.

This section also provides that a freephone number may only be used in connection with the supply of a service which routes incoming international calls from outside Australia if column 3 of Schedule 2 for the relevant number indicates it can be so used.

Division 2 –Local rate numbers
 

Section 16  Definition of local rate number

This section defines a local rate number as a number beginning with the digits set out in an item in column 1 of Schedule 3 and with the number of digits set out in column 2 for that item. These numbers all commence with the digits 13.

Section 17 Use of local rate numbers

This section specifies that a local rate number may only be used to supply a local rate service. 'Local rate service' is defined in section 5 of the instrument and relevantly requires that the call charges for calls made using a standard telephone service to the number used for the local rate service must be equal to or less than the call charge for local calls, with some exceptions. 'Standard telephone service' is defined in the Act. The call charge for local calls is regulated by Part 4 of the TCPSS Act.

This section also provides that a local rate number may only be used in connection with the supply of a service which routes incoming international calls from outside Australia if column 3 of Schedule 3 for the relevant number indicates that it can be so used.

This section also stipulates that a local rate number beginning with '1345' may only be used for monitoring security alarms.

Division 3 – Mobile numbers
 

Section 18 Definition of mobile number

This section defines a mobile number as a number beginning with the digits set out in column 1 of an item in the table in Schedule 4 and with the number of digits set out in column 2 for that item. These numbers commence with the digits 04 and 05.

Section 19 Use of mobile numbers

This section specifies how mobile numbers must be used. A mobile number may only be used for a mobile service or a service which is not permitted to use any other kind of number referred to in Chapter 2.  'Mobile service' is defined in section 5 of the instrument and means a public mobile telecommunications service supplied by a network using digital modulation techniques.

Part 3 – Emergency service numbers
 

Section 20 Emergency service numbers

Under the subsection 466(1) of the Act, an emergency service number is a number that is for use to require assistance by emergency services, such as a police service, fire service or ambulance service. This section specifies certain numbers as emergency service numbers for the purpose of subsection 466(2) of the Act. The following numbers are specified as emergency service numbers:

•          '000' (which is the general emergency service number)

•          '106' (which is for use with teletypewriters)

•          '112' (which is an alternative available for use with mobile phones).

The requirements in relation to the provision of emergency call services are set out in the TCPSS Act and the Telecommunications (Emergency Call Service) Determination 2019, made by the ACMA under section 147 of the TCPSS Act.

In making the instrument, the ACMA has had regard to the objective that, as far as practicable, there should be no more than one emergency service number throughout Australia, as required by subsection 466(6) of the Act. In respect of this, Triple Zero (000) is promoted widely as Australia's primary emergency call service number. However, the ACMA considers that there should be an alternative number, which is in place to assist those in the community who have a hearing or speech impairment. This number is 106 and is currently available via teletypewriter. Those with a hearing or speech impairment may also contact Triple Zero (000) via internet, video, or SMS relay through the National Relay Service. 112 is an international secondary emergency number and is accessible from mobile phones in Australia.

Part 4 – Special services numbers

Section 21 Definition of special services number

This section defines a special services number, as a number:

•          beginning with the digits set out in column 1 of an item in a table in Schedule 5

•          with the number of digits set out in column 2 for that item.

Section 22 Use of special services numbers

This section specifies how special services numbers must be used. There are two types of special services numbers: shared and not shared. They are listed in separate tables in Schedule 5.

Shared numbers (listed in the table at clause 2 of Schedule 5) are numbers which can be used by all CSPs, as they are not allocated to a particular provider. Numbers that are not shared are allocated to an individual carriage service provider for use and are listed in the table at clause 1 of Schedule 5.

Schedule 5 specifies the different types of special services numbers, their digit lengths and the type of service for which a particular special service number can be used. For example, a special service number that begins with the digits '0900', ‘0910’, ‘0920’, ‘0930’ or ‘0940’, and which is 10 digits in length, may only be used for an internet of things service. Each of the relevant service types are defined in section 5 or in the Act.

Generally, a special services number can only be used with the type of service specified for the number in Schedule 5. Where a special services number is also an access code specified for use with an incoming only international service, the number may be used for both purposes.

Incoming international access

This section also provides that a special services number may only be used in connection with the supply of a service which routes incoming international calls from outside Australia if it is indicated in column 4 of Schedule 5 for the relevant number that it can.

Low charge numbers

Calls made by a customer to a special services number identified in column 5 of Schedule 5 as subject to the 'low charge amount' must not be charged at more than the low charge amount if they are made using a standard telephone service other than a public mobile telecommunications service. The charge must be worked out based on the number of calls, regardless of their length and regardless of any optional discounts and surcharges applied by the relevant carriage service provider. 'Low charge amount' is defined in section 5 by reference to the highest call charge for an eligible local call made using a standard telephone service, excluding public telecommunications mobile services, supplied by a primary universal service provider. Call charges for 'eligible local calls' using services provided by a primary universal service provider are regulated under Part 4 of the TCPSS Act.

Section 23 Use of 1223 for operator services on carriage service with price control arrangements

The special services number '1223' is specified in Schedule 5 as a shared special services number for use only for the provision of a directory assistance service, and, if a carriage service provider wishes, an optional operator service (optional service). Subsection 23(1) allows a carriage service provider to use '1223' to supply an optional service, in addition to the directory assistance service, in response to calls made using a carriage service that is not a public mobile telecommunication service which has a charge which is subject to price control arrangements specified by the Minister under subsection 154(1) of the TCPSS Act, as long as the optional service is provided in accordance with an approved operation plan.

Subsection 23(2) requires an operation plan to set out the arrangements that will ensure the following outcomes:

•          The carriage service provider continues to supply a directory assistance service.

•          The supply of optional services on '1223' will not diminish access to, or the supply of, the directory assistance service.

•          Consumers will be adequately informed about the availability of the optional service and the applicable charges.

Section 24 Approval of operation plan

This section provides that a carriage service provider may apply to the ACMA for approval of an operation plan in relation to the supply of an optional service and sets out the approval process. A carriage service provider must consult with relevant consumer organisations, and customers to whom the carriage service provider proposes to supply the optional service, about the proposed optional service before making an application.

The application must be in a form approved by the ACMA and include a copy of the operation plan and a documented record of the consultation undertaken. The ACMA may request further information about matters relevant to the application.

The ACMA must make a decision on whether to approve the application no later than 60 business days after receiving the application. The ACMA's consideration of the application must take into account the opinion of each consumer organisation that the carriage service provider has consulted and any other matter it considers relevant. The ACMA must not approve the operation plan if it is not satisfied that:

•          the operation plan sets out appropriate arrangements for ensuring the outcomes set out in subsection 23(2) are met

•          the operation plan is consistent with the objects of the Act

•          the carriage service provider has undertaken adequate consultation.

Section 25 Amendment or replacement of operation plan on application by carriage service provider

This section allows a carriage service provider that has an approved operation plan to apply to the ACMA for approval of an amendment or replacement of its operation plan. The application must be in a form approved by the ACMA and include a copy of the proposed amendment or replacement operation plan. The ACMA may request further information about matters relevant to the application.

The ACMA must make a decision on whether to approve the application no later than 60 business days after receiving the application. The ACMA must not approve the amendment or replacement operation plan if it is not satisfied that the proposed arrangements will be:

•          more effective than the arrangements in the current approved operation plan in ensuring the outcomes set out in subsection 23(2); or

•          consistent with the objects of the Act.

The ACMA is required to notify the carriage service provider of its decision in writing.

Section 26 Amendment or replacement of operation plan at ACMA's direction

This section enables the ACMA to direct a carriage service provider with an approved operation plan, to amend or replace the operation plan as set out in the direction.

The ACMA must make the direction in writing and must only give such a direction if it considers that the amended or replacement operation plan will be more effective in ensuring the outcomes mentioned in subsection 23(2).

The ACMA must make a decision, no later than 60 business days after receiving the amended or the replacement operation plan, on whether the carriage service provider has complied with the direction. The ACMA must approve the amended or replacement operation plan if it is satisfied the carriage service provider has complied with the direction.

The ACMA is required to notify the carriage service provider of its decision in writing.

If the ACMA gives a direction under subsection 26(1) and the amended operation plan or replacement operation is not approved at the end of a 120-day period commencing on the day the direction was given, the current operation plan is taken to be no longer approved.

Section 27 Cessation of service under operation plan

This section sets out that if a carriage service provider with an approved operation plan for an optional service intends to cease supply of the service, it must notify the ACMA in writing beforehand, and as soon as practicable. The notification must include the likely cessation date of the service.

Part 5 –Access codes
 

Section 28 Definition of access code

This section defines an access code as a number beginning with the digits set out in column 1 of an item in a table in Schedule 6 and with the number of digits set out in column 2 of the item.

Section 29 Use of access codes

This section specifies how access codes must be used in accordance with Schedule 6. There are two types of access codes: shared and not shared. They are listed in separate tables in Schedule 6.

Shared access codes (listed in the table at clause 2 of Schedule 6) are codes which can be used by all CSPs as they are not allocated to a particular carriage service provider. Access codes that are not shared are allocated to an individual carriage service provider for use and are listed in the table at clause 1 of Schedule 6.

Schedule 6 specifies the different types of access codes, their digit lengths, and the type of service for which a particular access code can be used. This section provides that an access code may only be used to supply a type of carriage service identified in column 3 for that particular access code and as a prefix to a type of number identified in column 4 for that particular access code. Each of the types of carriage services and number types are defined in section 5 of the instrument.
 

For example, the access code '0010' may only be used to provide an international service and can only prefix an international number.

Carriage service identification codes may also be used to identify a telecommunications network or to interconnect routing of a call between CSPs, without being dialled, and may prefix an address digit for routing a call across a point of interconnection.

Generally, an access code can only be used with the type of service specified for the number in Schedule 6. However, where an access code that is specified for use with an incoming only international service is also a special services number specified for use with a type of service, the number may be used for both purposes.

Section 30 Charge for call to international freephone numbers

This section provides that the call charge for a call made using the shared access code '0011' followed by the digits '800' must be worked out based on the number of calls, regardless of their length and must not be more than the low charge amount.

Part 6 –Shared numbers
 

Section 31 Definition of shared number and selectable shared number

Shared numbers are not allocated to any particular carriage service provider. This section defines a shared number as a special services number listed in the table at clause 2 of Schedule 5 or an access code listed in the table in clause 2 of Schedule 6.

Special services numbers that are shared numbers can also be 'selectable', which allows a caller to choose to use the services of a particular carriage service provider supplying certain services. Whether a shared special services number is a selectable shared number is identified in column 6 of the table in clause 2 of Schedule 5.

Section 32 Use of shared numbers

This section explains that shared numbers can be used by a carriage service provider without being allocated. The requirements for the use of special services numbers that are shared numbers are set out in Part 4; and the requirements for the use of access codes that are shared numbers are set out in Part 5.

CHAPTER 4 – PRIVATE NUMBERING SCHEMES

The purpose of this Chapter is to set out the rules relating to use of private numbering schemes. A private numbering scheme is a feature of a carriage service, where a customer may establish a series of numbers to be used only by a select group of users. The users in the group can call each other by dialling established numbers. Some private numbering schemes provide escape codes, where the users can dial a certain digit and gain access outside the select group and onto the public network. A business may use a private numbering scheme for use by its employees.

Section 33 Restrictions on use do not apply to use in private numbering scheme

This section provides that geographic numbers, local numbers, mobile numbers, special services numbers and access codes may be used as a number in a private numbering scheme. An emergency service number cannot be used.

Section 34 Private numbering scheme with escape code

This section provides that a number used in a private numbering scheme with an escape code must not begin with the escape code. In relation to a private numbering scheme, an escape code is a single digit prefix used to indicate that the digits dialled following the escape code are for calls 'outside' of the select group established by the private numbering scheme (see the definition in section 5 of the instrument).

Section 35 Private numbering scheme without an escape code

This section sets out the requirements relating to numbers used in a private numbering scheme without an escape code. Subsection 35(2) provides that where these schemes utilise private numbers beginning with 0 or 1, these numbers must not be treated as if they are special services numbers by the originating access service provider. Subsection 35(3) provides that if a number used in a private numbering scheme begins with any digit from 2 to 9, the number must not have more than 8 digits.

Subsections 35(2) and 35(3) do not apply to a number issued to a customer in a private numbering scheme without an escape code if the customer requested the number and the carriage service provider informs the customer that use of the number in the private numbering scheme is likely to affect the ability of end-users to use the number to access other types of carriage service (subsection 35(4)).

The number cannot be an access code specified for use with a calling number display over-ride service and numbers issued to an emergency service organisation.

CHAPTER 5 – INTERNATIONAL SIGNALLING POINT CODES AND MOBILE NETWORK CODES

Australia is a member of the International Telecommunication Union (ITU), which is the United Nations specialised agency for information and communication technologies. The ITU, amongst other things, makes recommendations about the use of particular numbers. The ACMA is the designated administrator for Australia for the ITU and allocates these numbers in accordance with the relevant ITU recommendations.

Chapter 5 specifies international signalling point codes (ISPC) and mobile network codes (MNC) as numbers available for allocation, and makes arrangements for the allocation, transfer, surrender or withdrawal of such numbers by the ACMA in a manner that is consistent with ITU recommendations.

Part 1 – International signalling point codes

Section 36 Definition of international signalling point code

This section defines an international signalling point code (ISPC) to be a 5-digit number (other than a special services number or an access code) consisting of a 4-digit signalling area network code that has been allocated to the ACMA by the ITU and followed by a single digit between 0 and 7 (inclusive).

An ISPC is a unique, five-digit code used at the international level to identify an international signalling point associated with a specific international signalling point operator. A signalling point may be an exchange or a switching centre and can be understood as the point in the network at which signals or messages either originate or are received. In the case of international signals, the signalling point is an international gateway.

ISPCs are used by network operators to manage the efficient routing and delivery of calls. ISPCs are administered by the ACMA as the designated administrator for Australia, consistently with ITU Recommendation Q.708, which sets out the assignment procedures for ISPCs.

Section 37 Application for allocation of international signalling point code

This section provides that a registered carriage service provider that is an international signalling point operator may apply to the ACMA for an ISPC. A signalling point operator broadly means a registered carriage service provider that wishes to operate a signalling point that has at least one message transfer part in the international signalling network, or that already operates a signalling point of that kind (see section 5 of the instrument). Signalling points, broadly, are discrete points in a network that send and receive signalling messages or transfer messages from one signalling link to another (see section 5 of the instrument).

This section requires the application to be made in a form approved by the ACMA and notes that strict compliance with the approved form is required. The application must also be accompanied by any applicable application charge that is fixed by a determination made under section 60 of the ACMA Act. The registered carriage service provider must pay the allocation charge imposed by Part 2 of the Numbering Charges Act. If the application is not successful, this amount will be refunded under subsection 457(2) of the Act.

Section 38 Decision on application

This section provides that the ACMA may approve the application made by a registered carriage service provider if the ACMA is satisfied that it is appropriate to do so in all the circumstances. In considering whether it is appropriate in all the circumstances, the ACMA must take into account whether allocation of the ISPC is consistent with the requirements of an international agreement that is relevant to the allocation. The ACMA must also take into account, if the ISPC applied for has previously been withdrawn under section 43 of the instrument, whether the allocation of the ISPC will take effect at least 6 months after the withdrawal.

The current relevant international recommendation is the ITU's recommendation 'Assignment procedures for international signalling point codes' (ITU-T Q.708). This recommendation is available from the ITU's website https://www.itu.int/ITU-T which is free to access. As a member of the ITU, Australia, through the ACMA as the designated administrator, uses its best endeavours to ensure its rules and procedures in relation to such numbers conform to the ITU recommendations to the greatest extent practicable.

If the ACMA approves an application, the ACMA must allocate the ISPC to the registered carriage service provider. The ACMA must also notify the registered carriage service provider of the ISPC that has been allocated and the date of allocation.

The ACMA is also required to notify the registered carriage service provider if a decision has been made not to approve the application. A decision not to approve such an application is a reviewable decision (see Part 3 of Chapter 11).

Under the Act, the ACMA, or another person that enters into an arrangement with the ACMA, must maintain a register of allocated numbers (section 465 of the Act). If the ACMA is not the designated authority, the ACMA must notify the designated authority of the allocation of the ISPC and the date of allocation. This is to ensure the register of numbers, maintained by the designated authority, is kept up to date.

Part 2 – Mobile network codes
 

Section 39 Definition of mobile network code

This section defines a mobile network code (MNC) to be a 2-digit number or a 3-digit number that is for use as part of an international mobile subscriber identity (IMSI) number. IMSI numbers are used to identify unique mobile phone subscribers, or customers, and whether they are roaming. The IMSI number is a string of digits, up to a maximum 15 digits in length, and consisting of three fields: the mobile country code (MCC) (which is assigned to the ACMA by the ITU), the MNC (which is allocated by the ACMA to CSPs under this Part and which can be 2 or 3 digits in length), and the mobile subscription identification number (which is the number issued by a carriage service provider to identify its subscribers or customers).

Section 40 Application for allocation of mobile network code

This section provides that a registered carriage service provider may apply to the ACMA for an MNC. This section requires the application to be made in a form approved by the ACMA and notes that strict compliance with the approved form is required. The application must also be accompanied by any applicable application charge that is fixed by a determination under section 60 of the ACMA Act. The registered carriage service provider must also pay the allocation charge imposed by Part 2 of the Numbering Charges Act. If the application is not successful, this amount will be refunded under subsection 457(2) of the Act.

Section 41 Decision on application

This section provides that the ACMA may approve an application made by a registered carriage service provide under section 50 if the ACMA is satisfied that it is appropriate to do so in all the circumstances. In considering whether it is appropriate in all the circumstances, the ACMA must take into account whether the allocation of the MNC would be consistent with the requirements of an international agreement that is relevant to the allocation.

The current relevant international recommendation is the ITU's recommendation 'The international identification plan for public networks and subscriptions' (ITU-T E.212). This recommendation is available from the ITU's website https://www.itu.int/pub/T-REC which is free to access. As a member of the ITU, Australia, through the ACMA as the designated administrator, uses its best endeavours to ensure its rules and procedures in relation to such numbers conform to the ITU recommendation to the greatest extent practicable.

If the ACMA approves an application, the ACMA must allocate the MNC to the registered carriage service provider. The ACMA must also notify the registered carriage service provider of the MNC that has been allocated and the date of allocation.

The ACMA is also required to notify the registered carriage service provider if a decision has been made not to approve the application. A decision not to approve such an application is a reviewable decision (see Part 3 of Chapter 11).

If the ACMA is not the designated authority, the ACMA must notify the designated authority of the allocation of the MNC and the date of allocation. This is to ensure the register of numbers, maintained by the designated authority, is kept up to date.

Part 3 – Transfer, surrender and withdrawal of international signalling point codes and mobile network codes

Section 42 Transfer of codes

This section sets out the rules that apply to the transfer of ISPCs and MNCs. The rules are intended to be consistent with the relevant ITU recommendations (ITU-T Q.708 and ITU-T E.212) as far as is practicable. Therefore, a carriage service provider who holds an ISPC or a MNC may only transfer the code to another registered carriage service provider in the case of a transfer of business involving the providers. That is, where a carriage service provider is selling a business that involves the use of an ISPC or MNC to another registered carriage service provider, the first carriage service provider may also transfer the ISPC or MNC to the other provider.

Notice of the transfer must be given to the ACMA in an approved form and strict compliance with the form is required. The transfer takes effect when the ACMA acknowledges receipt of the completed notice of transfer.

If the ACMA is not the designated authority, the ACMA must notify the designated authority of the transfer of the code and the date of transfer. This is to ensure the register of numbers, maintained by the designated authority, is kept up to date.

Section 43 Withdrawal of codes

This section allows the ACMA to withdraw an ISPC or a MNC held by a carriage service provider if the ACMA is satisfied that the withdrawal is appropriate in all the circumstances and is consistent with Australia's obligations under any relevant international agreement.

The ACMA must notify the carriage service provider of its decision to withdraw an ISPC or MNC held by the carriage service provider. If the ACMA is not the designated authority, the ACMA must notify the designated authority of the withdrawal of the code and the date of the withdrawal. This is to ensure the register of numbers, maintained by the designated authority, is kept up to date.

A decision to withdraw an ISPC or an MNC is a reviewable decision (see Part  of Chapter 11).

Section 44 Application to surrender codes

This section provides that a carriage service provider that holds an ISPC or MNC may apply to the ACMA to surrender the code if there is no carriage service being provided using the code.

This section requires the application to be made in a form approved by the ACMA and strict compliance with the approved form. The application must also be accompanied by any applicable application charge that is fixed by a determination made under section 60 of the ACMA Act.

Section 45 Decision on application to surrender codes

This section requires the ACMA to make a decision on an application made by a carriage service provider under section 44, no later than 10 business days after receiving the application.

Section 46 Notice of decision

This section requires the ACMA to notify the carriage service provider of its decision on an application to surrender an ISPC or MNC in writing as soon as practicable after making the decision.

If the ACMA approves the application, it must notify the carriage service provider of the date of surrender. If the ACMA is not the designated authority, it must notify the designated authority of the codes surrendered and the date of surrender, to ensure the designated authority is able to update the register of numbers kept under section 465 of the Act. The date of surrender must be the date of the ACMA's decision.

CHAPTER 6 – ALLOCATION OF NUMBERS

Chapter 6 sets out the rules for the allocation of numbers by the ACMA to CSPs for use in connection with the supply of carriage services.

Part 1 – Numbers able to be allocated
 

Section 47 ACMA to list numbers able to be allocated

This section requires the ACMA to make a list of the following types of numbers that are able to be allocated:

•          Geographic numbers

•          Freephone numbers

•          Local rate numbers

•          Mobile numbers

•          Special services numbers

•          Access codes

The ACMA must make the list for each type of number available to the public. The list of freephone numbers and local rate numbers must specify which of those numbers are smartnumbers.

Each of these number types is defined in section 5 of the instrument and has been specified for use in connection with the supply of carriage services to the public in Australia. The purpose of the listing of particular numbers within these categories is to make it easy for applicants to identify the numbers and number ranges that are currently available for allocation and use.

The list may include a number that is held by a carriage service provider but does not need to include a number that has not been allocated. A number that has been allocated to a carriage service provider, and is listed, may be reallocated after it has been surrendered or withdrawn. The ACMA is not required to list all numbers that may be made available for allocation at some point in the future.

This section also provides that the ACMA must not list a shared number.

Shared numbers are not allocated to an individual carriage service provider and so are available for use by any carriage service provider. Examples of shared numbers include 1223 and 1225, which are used for the supply of national and international directory assistance services. There are also access codes which are shared, for example 0011 which is used with the international direct dial service.

Part 2 – Standard procedure for allocation of numbers
 

Section 48 Application for allocation of numbers

This section sets out the standard application procedure for applications made by registered CSPs seeking allocations of numbers.

A registered carriage service provider may apply to the ACMA for an allocation of a number that is:

•          listed under section 47 and not currently held by a carriage service provider

•          a smartnumber for which there is an enhanced rights of use holder (EROU), but which is not allocated to a carriage service provider under section 51. This type of smartnumber is referred to as an assigned unallocated smartnumber (see the definition in section 5).

A registered carriage service provider may also apply to the ACMA for an allocation of a number that is any of the following:

•          a freephone number that is not a smartnumber; or

•          a local rate number that is not a smartnumber;

if the number is held by the carriage service provider who is making the application and was allocated to that carriage service provider with effect for 14, 30 or 90 days.

If a registered carriage service provider has an unpaid liability for an annual charge or late penalty payment, within the meaning of section 468 of the Act, which has been due for more than 3 months, the CSP will not be able to apply for an allocation of numbers under this section.

This section imposes the following application requirements:

•          The application must be in a form approved by the ACMA and must strictly comply with that form.

•          The application must be accompanied by any applicable application charge that has been fixed by a determination under section 60 of the ACMA Act.

•          The registered carriage service provider must pay any allocation charge imposed on the allocation of the numbers by Part 2 of the Numbering Charges Act.

An application will not be complete unless it satisfies all of the requirements of this section and section 49.

Section 49 Application for allocation of numbers - additional requirements

This section sets out additional requirements for an application made under section

48.

Subsection 49(2) provides that an application for a number must be for multiples of the standard unit for that number type. A standard unit is a contiguous block of numbers in sequence. The quantity of numbers in the block depends on the type of number and is set out in Schedule 7. For example, a standard unit for applications for geographic numbers in a particular standard zone unit is 1,000 numbers (or 100, in some cases), whereas for freephone numbers it is a single number.

Subsection 49(3) requires applications for geographic numbers to state the standard zone unit for which the numbers are requested and, if the registered carriage service provider identifies the numbers it wishes to be allocated, those numbers must be specified for use in that standard zone unit.

Subsection 49(4) requires applications for a special service number or an access code to specify the type of service for which the number is requested and, if the registered carriage service provider identifies the numbers it wishes to be allocated, those numbers must be specified for use with that type of service.

Subsection 49(5) requires that applications for:

•          a freephone number that is not a smartnumber; or

•          a local rate number that is not a smartnumber;

must specify the period of allocation that the number is being applied for in accordance with subsections 49(6) to 49(9).

This allows registered CSPs who apply for 'non-smartnumber' freephone or local rate numbers to choose to be allocated the number for particular periods of time. A carriage service provider may also apply for the number for an unlimited period of time.

The length of time of allocation for which the registered carriage service provider will be able to apply depends on whether the registered carriage service provider has already been allocated the number for a particular time period. That is, if the registered carriage service provider does not currently hold the number, the carriage service provider may apply for an allocation of the number for 14 days, for 90 days or without a time limit.

If the registered carriage service provider already holds the number and it was allocated to it with effect for 14 days, the carriage service provider will in effect be able to apply for an allocation for a further 14 days, for a further 90 days or an unlimited (permanent) allocation. However, if the registered carriage service provider has already extended its initial 14 days allocation by a further 14-day allocation, it will only be able to apply for an allocation for 90 days or without a time limit.

Similarly, if the registered carriage service provider holds the number and it was allocated for an initial 90-day period, the carriage service provider will only be able to effectively apply for another allocation of 30 days or apply for an allocation without a time limit.

If the carriage service provider holds the number and has exhausted all of the allocations of limited duration, as outlined above, the carriage service provider can only apply for an allocation without a time limit (see subsection 49(9)).

Allocations of these freephone or local rate numbers that are subject to a time limit will automatically be withdrawn from the carriage service provider after the period expires (see section 88 of the instrument).

Section 50  Decision on application

Subsection 50(1) provides that the ACMA must approve an application under section 48 if it is complete and none of the grounds set out in the section for not approving the application apply.

Under subsection 50(2), where more than one application is received for the same number, the ACMA must approve the application it received first and not approve any later application.

Subsection 50(3) imposes a limitation on the allocation of a carriage service provider identification code (a type of access code identified in Schedule 6 to the instrument as being for use with an interconnect and routing service; see section 5). The ACMA must not approve an application for an allocation of a carriage service provider identification code if the registered carriage service provider holds such a code that was allocated on or after 5 September 2013, unless the ACMA is satisfied that special circumstances justify the allocation of an additional code to the registered carriage service provider.

This limitation does not apply if there is a registered industry code in place that the ACMA has declared as a replacement code for the purposes of subsection 50(4).

The purpose of this limitation is to ensure that the available supply of codes is not exhausted by a few CSPs, which could adversely affect competition in the telecommunications market. This limitation was first included in the Numbering Plan in 2013 to address potential increase in demand for these codes following the removal of annual numbering charge liability for these numbers (see section 6.21A of the Numbering Plan 1997).

The ACMA must notify a registered carriage service provider in writing if it has decided not to approve an application for a carriage service provider identification code. Such a decision is a reviewable decision (see Part 3 of Chapter 11).

Subsection 50(6) provides that the ACMA may regard a particular application as complete even if subsections 48(6) and (7) are not met by a registered carriage service provider (which require the application to be accompanied by any applicable charges), if the ACMA has determined in writing that this subsection applies to the carriage service provider and has not revoked that determination. This allows for situations where the ACMA has a post-payment arrangement in place with a carriage service provider. Any such determinations will be published on the ACMA's website at www.acma.gov.au.

Section 51 Allocation of numbers

Subsection 51(1) provides that if the ACMA approves an application under section 48 for a specified number or numbers, the ACMA must allocate those numbers to the registered carriage service provider.

Subsection 51(2) provides that if the ACMA approves an application that does not specify any number or numbers, the ACMA will select the number or numbers to allocate from numbers that are:

•          types of numbers to which the application relates

•          listed under section 47 as numbers that are able to be allocated

•          not already held by a CSP

•          if the application is for geographic numbers - specified for use in the standard zone unit to which the application relates

•          if the application is for special services numbers or access codes - specified for use with the type of service to which the application relates.

Allocations made under this section may be subject to conditions (see subsection 51(3)).

The ACMA may decide to allocate a number with effect from, or until, a specified date (see subsection 51(4), and for freephone and local rate numbers (other than smartnumbers), see subsections 49(6) to (9), and 52(2)).

Subsection 51(5) requires the ACMA to notify the registered carriage service provider, in writing, of the numbers that have been allocated and the date of allocation. The ACMA must also notify whether the allocation is subject to any conditions, and, if applicable, the date the allocation will end. If the ACMA is not the designated authority, the ACMA must notify the designated authority of these matters in writing. This is to ensure that the designated authority is able to update the register of numbers it keeps under section 465 of the Act.

Section 52 Particular matters relating to allocation of freephone and local rate numbers

Section 52 applies to the allocation of freephone and local rate numbers that are not smartnumbers, when the ACMA approves an application made by a registered carriage service provider under section 48.

As explained above, applications for such numbers must specify the period which the allocation is applied for in accordance with subsections 49(5) to (9). The ACMA must allocate the number for the period of time that is set out in the application.

If the application was for an allocation without a time limit:

•          the ACMA must not specify an end date for the allocation, and

•          the number must be allocated subject to a condition that it must be issued to a customer or used by the registered carriage service provider no later than 5 business days after the date of the notice under subsection 51(5).

The notice of allocation that the ACMA must provide under subsection 51(5) must state that if this does not occur the ACMA may withdraw the number. The ACMA has the power to withdraw the number under Part 3 of Chapter 8 of the instrument.

Part 3 – Application for allocation of numbers in special circumstances
 

Section 53 Application for allocation of numbers

This section allows registered CSPs to apply to the ACMA for non-standard allocations of numbers. The allocations are 'non-standard' as they are for a number or numbers that have not been listed as available by the ACMA under section 47 or the application is not for a standard unit size (or a multiple of a standard unit size) for that type of number or numbers.

A registered carriage service provider will not be able to apply for an allocation under this section if the provider has an unpaid liability for an annual charge or late penalty payment which has been due for more than 3 months (see subsection 53(2)). A registered carriage service provider may not apply for a shared number as such numbers are available for use by all CSPs without allocation (subsection 53(3)).

This section imposes the following application requirements:

•          The application must be in a form approved by the ACMA (subsection 53(4)).

•          The application must be accompanied by any application charge fixed by a determination made under section 60 of the ACMA Act (subsection 54(6)).

•          The registered carriage service provider must pay the allocation charge imposed by Part 2 of the Numbering Charges Act (subsection 53(7)).

Subsection 53(5) also requires applications for a freephone number or a local rate number made under this Part to specify whether it is for an allocation for 14 days, 90 days or without a time limit.

It should be noted that this section will not apply to the allocation of smartnumbers. Freephone or local rate numbers must be listed as smartnumbers under section 47 in order to be smartnumbers, and smartnumbers have a standard unit of one. Since the only freephone and local rate numbers that may be allocated under this Part are those that are not listed, they cannot include smartnumbers.

Section 54 Decision on application

Subsection 54(1) requires the ACMA to make a decision to approve or not approve an application under section 53 no later than 60 business days after receiving the application. The ACMA has a wide discretion to approve an application if it is satisfied that it is appropriate to do so in all circumstances. The ACMA will take into account the matters listed at section 55 when considering if it is appropriate to allocate the numbers.

Subsection 54(3) provides that if an application under section 53 relating to a freephone or local rate number is made by a registered CSP that last held that number, and is for the purpose of issuing the number to the customer to whom that number was last issued, the ACMA must approve the application.

This section also provides that the ACMA must not approve an application in which the registered carriage service provider identified specific numbers if these numbers are not the type of numbers to which the application relates or if the numbers are held by a carriage service provider (subsection 54(4)). If the ACMA receives multiple requests for allocation of the same number, the ACMA must make a decision in the order that the requests were received (subsection 54(5)).

Section 55 Matters to take into account

In considering whether it is appropriate to allocate the numbers under section 53, the ACMA must take the following matters into account:

•          The efficient use of a number, to enable future requirements for numbers to be met at the least cost to CSPs and customers;

•          The desirability of promoting access by end-users to a range of carriage services and CSPs;

•          The desirability of promoting flexible management by CSPs of any expansion in the use of numbers in connection with the supply of carriage services for which the number is to be allocated;

•          The objects of the instrument;

•          Any other matter the ACMA considers relevant.

Section 56 ACMA may ask for further information

This section enables the ACMA to request, in writing, further information from a registered carriage service provider about relevant matters to assist in the consideration of an application for a non-standard allocation of numbers. The 60 business days for making a decision on an application under section 53 do not include a period starting when the ACMA makes a request for further information and ending when the ACMA receives the information.

Unless the ACMA specifies otherwise, the registered carriage service provider must provide this information in writing. The carriage service provider is taken to have withdrawn the application if the information is not given to the ACMA within 40 business days from the date the request was made.

Section 57 Notice that application has not been approved

This section requires the ACMA to notify a registered carriage service provider in writing if the ACMA decides not to approve an application made under section 53. Such a decision is a reviewable decision under Part 3 of Chapter 11.

Section 58 Allocation of numbers

Subsection 58(1) provides that if the ACMA has approved an application for a number or numbers under section 53, the ACMA must allocate those numbers to the registered carriage service provider.

If the ACMA approves an application that does not specify any number or numbers, the ACMA will select the number or numbers to allocate that are:

•          types of numbers to which the application relates

•          not already held by a CSP

•          if the application was for geographic numbers - numbers specified for use in the standard zone unit to which the application relates

•          if the application was for special services numbers or access codes - numbers specified for use with the type of service to which the application relates.

The ACMA may decide to allocate numbers under this section subject to conditions (subsection 58(3)) or with effect from, or until, a specified date (subsection 58(4), and for freephone and local rate numbers, see section 59).

Subsection 58(5) requires the ACMA to notify the registered carriage service provider, in writing, of the numbers that have been allocated and the date of allocation. The ACMA must also notify the carriage service provider if the allocation is subject to any conditions and whether the allocation is to have effect until a specified date. If the ACMA is not the designated authority, the ACMA must notify the designated authority of these matters in writing to ensure that the designated authority is able to update the register of numbers maintained under section 465 of the Act.

Section 59 Particular matters relating to allocation of freephone and local rate numbers

This section applies to the allocation of freephone and local rate numbers when the ACMA approves an application made by a registered carriage service provider under section 53.

As explained above, the applications for such numbers must specify whether the allocation is for 14 days, 90 days or without time limit (see subsection 53(5)). The ACMA must allocate the number for the period of time set out in the application.

If the application was for an allocation without a time limit the ACMA must not specify an end date for the allocation and the number must be allocated subject to a condition that it must be issued to a customer or used by the registered carriage service provider not later than 5 business days after the date of the notice under subsection 58(5).

The notice the ACMA is required to give under subsection 58(5) must state that if this does not occur the ACMA may withdraw the number. The ACMA has the power to withdraw the number under Part 3 of Chapter 8.

Part 4 – Variation to standard zone units to which geographic numbers are allocated
 

Section 60  Application by carriage service provider for variation of allocation

This section enables a registered carriage service provider to apply, in writing, to the ACMA to vary the standard zone unit to which one or more geographic numbers are allocated. The registered carriage service provider must use the application form approved by the ACMA and must:

•          identify the standard zone unit to which the numbers are allocated

•          be for a multiple of 100 numbers

•          include an explanation of how and why the standard zone unit is inappropriate.

The application must be accompanied by any applicable application charge that has been set out in a determination under section 60 of the ACMA Act.

Section 61 Decision on application

This section provides that the ACMA must decide to approve or not to approve an application under section 60 no later than 10 business days after the day on which it receives the application. If the ACMA needs to consult on the application, it may extend that period to a total of no more than 40 business days by giving notice in writing of the extension to the applicant.

Under subsection (2) the ACMA must decide not to approve an application under section 60 to vary a standard zone unit to which one or more geographic numbers are allocated if it is satisfied that:

•          the numbers were deliberately issued for use in an inappropriate standard zone unit; or

•          the variation would be inconsistent with the number analysis capabilities of telecommunications networks operated in Australia; or

•          the numbers do not relate to:

o        the terminating charging district in which calls to the number terminate or appear to terminate for charging purposes; or

o        a standard zone unit that is adjacent to the first standard zone unit and is in a charging district that has the same prefix as the terminating charging district; or

•          the use of the numbers would substantially reduce the geographic significance of the numbers; or

•          the decision to vary the allocation would have disadvantages for another carriage service provider, customer or end-user that outweigh the advantages.

Unless the ACMA is required not to approve an application under subsection (2), the ACMA may approve an application to vary the standard zone unit if:

•          the ACMA is satisfied that the carriage service provider making the application has issued the numbers; and

•          the carriage service provider has given the ACMA adequate information to allow the ACMA to make a decision.

The ACMA's must notify the carriage service provider of its decision in writing and, if the ACMA is not the designated authority, the ACMA must notify the designated authority of its decision.

Section 62 Request for further information

This section allows the ACMA to request, in writing, further information from a carriage service provider who has made an application under section 60. The ACMA can request that this information be given no later than 30 business days after the request is made.

The period for making a decision on the application under subsection 61(1) does not include the period from when the ACMA asks the carriage service provider for further information until the ACMA receives the information. If the applicant does not give the ACMA the further information requested within 30 business days after the request is made, the applicant is taken to have withdrawn the application.

CHAPTER 7 – SPECIAL RULES ABOUT SMARTNUMBERS

Chapter 7 sets out specific rules relating to smartnumbers. Smartnumbers are freephone and local rate numbers that the ACMA has specified as 'smartnumbers' in the list it creates under section 47 of the instrument. The freephone and local rate numbers that are specified to be smartnumbers are generally patterned (for example, 1800 222 222) or capable of being translated into one or more 'phonewords' (for example, 13 CATS), making these numbers more memorable and therefore valuable to end-users.

Smartnumbers are different to other freephone and local rate numbers as end-users initiate the allocation process by effectively applying to obtain enhanced rights of use (EROU) for a smartnumber. There are additional rights, conferred on the EROU holder of a smartnumber, that do not apply in relation to other numbers. Enhanced rights of use include the ability for the EROU-holder of the smartnumber to sell or licence the number and hold the number without service for up to three years.

The ACMA (and, before it, the Australian Communications Authority) has been allocating smartnumbers since 2004. From 2004 to 2015 Smartnumbers were allocated through an auction system.  In 2015 the ACMA moved to an 'over­ the-counter' system for the sale of smartnumbers to increase the efficiency of the allocation process.

There are two stages to the allocation of a smartnumber. First, if the EROU for an 'unassigned unallocated smartnumber' (that is, a smartnumber without an EROU­holder) are assigned to an EROU-applicant, the smartnumber is also initially allocated to a carriage service provider under Chapter 7. However, that carriage service provider immediately surrenders the number (subsection 65(3)) and the EROU-holder can arrange for another carriage service provider to apply for the allocation of an assigned unallocated smartnumber to that carriage service provider (which occurs under Part 2 of Chapter 6).

Part 1 – Special procedure for initial allocation of smartnumbers

Section 63 Application for initial allocation of smartnumbers

This section sets out the requirements for the initial allocation of an unassigned unallocated smartnumber. The rules regarding the allocation of assigned unallocated smartnumbers (that is, those smartnumbers that have an EROU-holder) are in Part 2 of Chapter 6.

This section imposes the following application requirements:

•          The application must be in a form approved by the ACMA and strict compliance with the form is required.

•          The application must be accompanied by any applicable application charge that has been fixed by a determination under section 60 of the ACMA Act.

•          The registered carriage service provider must pay any allocation charge imposed on the allocation of the smartnumbers by Part 2 of the Numbering Charges Act. An EROU-applicant may pay the charge on behalf of the registered carriage service provider.

An application will not be complete unless it satisfies all requirements of this section.

Section 64 Decision on application

This section requires the ACMA to approve a complete application made under subsection 63(1). However, if more than one application for allocation of the same unassigned unallocated smartnumber is received, the ACMA must make a decision on the applications in the order that they were received. Once an application is approved, the ACMA cannot approve any later applications for the same smartnumber.

The ACMA must give written notice of a decision not to approve an application under subsection 63(1) to the registered carriage service provider and the EROU-applicant.

Section 65 Initial allocation of smartnumbers

If the ACMA approves an application for a smartnumber made under subsection 63(1), this section requires the ACMA to allocate that smartnumber to the registered carriage service provider that applied with the EROU-applicant.

The EROU applicant becomes the EROU-holder at the time the ACMA allocates the smartnumber to the registered carriage service provider.

Immediately following the allocation of the smartnumber to the registered carriage service provider, the allocation is taken to have been surrendered by the carriage service provider and the smartnumber becomes an 'assigned unallocated smartnumber'. This surrender occurs automatically under subsection 65(3) and is part of the arrangements the ACMA has entered into with major CSPs to facilitate the assignment of EROU to EROU-holders. This allows the EROU-holder to approach a carriage service provider of its choice when it wishes a service to be provided on the smartnumber.

Subsection 65(4) requires the ACMA to notify the EROU holder of the following:

•          That the smartnumber was allocated to the registered carriage service provider and the allocation ceased immediately after the smartnumber was allocated.

•          That until the smartnumber is allocated under section 65(1), the smartnumber is an assigned unallocated smartnumber.

•          The date of the allocation and cessation.

If the ACMA is not the designated authority, the ACMA must notify the designated authority of the matters set out in subsection 65(4). This ensures that the designated authority is able to accurately maintain the register of numbers in accordance with section 465 of the Act.

The ACMA is also required to update the register of smartnumbers under section 68.

Once a smartnumber has been allocated under section 65, it becomes an assigned unallocated smartnumber. An assigned unallocated smartnumber can become an unassigned unallocated smartnumber again if the EROU are cancelled (under sections 74, 75 and 76) or waived by the EROU-holder (section 73).

Part 2 – Enhanced rights of use

Section 66 Enhanced rights of use

This section lists the rights of use that are conferred on the EROU-holder for the smartnumber. These are the rights to:

•          request a registered carriage service provider to provide a service on the smartnumber to the EROU-holder

•          trade the EROU

•          have the smartnumber surrendered by a registered carriage service provider (see section 76)

•          give up all rights in relation to the smartnumber

•          have no active service in place for the smartnumber (but see section 75)

•          ask a registered carriage service provider to apply for the allocation of the smartnumber under section 48

•          ask for the disconnection of a service on the smartnumber at any time.