Telecommunications Numbering Plan Variation 2005 (No. 2)

Administered by Department of Communications and the Arts

Legislation au F2005L01864 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the Authority of the Australian Communications Authority

Telecommunications Act 1997

Telecommunications Numbering Plan Variation 2005 (No. 2)

STATUTORY BASIS

Subsection 455(1) of the Telecommunications Act 1997 (the Act) provides that the Australian Communications Authority (ACA) must, by written instrument, make a plan for the numbering of carriage services in Australian and use of numbers in connection with the supply of such services. This instrument is the Telecommunications Numbering Plan 1997 (the Plan). Subsection 455(10) of the Act allows the ACA to vary the Plan after having regard to the obligations imposed on carriage service providers by Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and recognised international standards.

PURPOSE OF VARIATION

The purpose of this variation is to delete provisions in the Plan that restrict the use of premium rate numbers. The provisions prohibit the supply of content that is refused classification, rated X18+, R18+, MA and MA15+. Corresponding definitions will also be removed from the Plan’s Dictionary. Each of these provisions will be replaced by a new service provider determination made under section 99 of the Act that will commence at the same time as this amendment.

In providing its RIS exception advice, the Office of Regulation Review noted that “it appears that a RIS is not mandatory as the proposal is minor and machinery in nature and does not substantially alter existing arrangements.”

BACKGROUND

In May 2004 and September 2004 the Plan was amended by Telecommunications Numbering Plan Variation 2004 (No. 3) and Telecommunications Numbering Plan Variation 2004 (No. 6) which imposed restrictions on particular content on numbers for use in connection with premium rate services. The effect of the variations was twofold. Firstly, to ensure that inappropriate content was not supplied via any number the ACA prohibited content that had been refused classification or which was or would be rated X18+ (“prohibited content”) from being supplied on any number. Secondly, to ensure that adult content would not be provided to minors, the ACA prohibited the use of a premium rate number to supply adult services. The variations indicated that the ACA intended to allow adult content to be supplied on a restricted number range subsequent to making a service provider determination under section 99 to the Act.

The Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1) made under section 99 of the Act restricts the provision of adult content to numbers beginning with 195 and 196 and prohibits prohibited content. Accordingly it is not necessary to provide these same restrictions in the Plan and this variation provides for their removal.

CONSULTATION

The ACA consulted widely regarding the specification of premium rate numbers for SMS based services in the previous variations to the Plan. The consultation process included two discussion papers (released in October 2002 and January 2003) as well as public seminars in Melbourne and Sydney during 2003. The draft variations also underwent a 90 day consultation period in accordance with subsection 460(3) of the Act.

As permitted under subsection 460(3) of the Act the ACA did not consult on this variation to the Plan. The ACA is not of the opinion that the variation will affect a number issued to a customer as premium rate numbers are issued to carriage service providers, not customers. Further the ACA is not of the opinion that it is in the public interest to consult about the variation to the Plan due to the wide consultation that took place during the development of the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1) which will contain provisions that correspond to the provisions that are being removed in this variation.

The consultation for the service provided determination included:

the release of a draft Determination and discussion paper for public comment;
public meetings in Canberra, Sydney and Melbourne;
regular consultation with industry, including carriage service providers to whom the numbers are issued, and consumer bodies on the proposals; and
seeking further specific advice and feedback from relevant stakeholders.

The Office of Regulation Review granted an exemption from the requirement to prepare a Regulation Impact Statement in relation to this variation to the Plan.

DETAILS OF VARIATION

Section 1 provides that the variation may be cited as the Telecommunications Numbering Plan Variation 2005 (No.2).

Section 2 provides details of the commencement for the variation to the Plan.

Paragraph (a) provides that the sections 1 to 3 and Schedule 1 of the variation take effect on the day the Telecommunications Service Provider (Premium Services) Determination 2005 (No. 1) commences.

Paragraph (b) provides that the Schedule 2 of the variation takes effect on the day that section 3.3 of the Telecommunications Service Provider (Premium Services) Determination 2005 (No. 1) starts to apply in accordance with section 3.2 of the Determination.

The provisions in the Plan are being replaced with provisions in the service provider determination. Accordingly, these amendments will commence on the day that the corresponding provision in the service provider determination commences.

Section 3 specifies that the Plan is being varied as set out in the attached Schedule 1.

Schedule 1 Variations commencing on the commencement of the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1)

Item 1 provides for the omission of section 3.37A in Division 2, Part 5 of Chapter 3 of the Plan. This removes the prohibition on providing prohibited services. An equivalent provision is specified in the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1).

Item 2 provides that the definition of ‘prohibited content’ is omitted from the Dictionary of the Plan. This definition was added to the dictionary of the Plan to give effect to the provision which prohibited the supply of prohibited content. Due to the removal of this prohibition this definition will no longer be required.

Schedule 2 Variations commencing on the day when section 3.3 of the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1) starts to apply

Item 1 provides for the omission of section 3.37B in Division 2, Part 5 of Chapter 3 of the Plan. This removes the prohibition of the supply of adult services. An equivalent provision is specified in the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1).

Item 2 provides that the definitions of ‘adult audio-visual service’, ‘adult service’, and ‘adult text service’ are omitted from the Dictionary of the Plan. These definitions were added to the dictionary of the Plan to give effect to the provisions which prohibited the supply of adult content. Due to the removal of this prohibition these definitions will no longer be required.

Overview

The Telecommunications Numbering Plan Variation 2005 (No. 2) was enacted by the Australian Communications Authority (ACA) under subsection 455(10) of the Telecommunications Act 1997, to address the issue of restrictions on the use of premium rate numbers and the supply of certain content, specifically content that is refused classification, rated X18+, R18+, MA, and MA15+. This variation aims to streamline the regulation by removing the specific restrictions from the Telecommunications Numbering Plan 1997 and replacing them with a new service provider determination under section 99 of the Act. The policy objective is to align the regulatory framework with the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1), ensuring that the same restrictions are enforced through a more targeted approach. The ACA determined not to consult on this variation, considering that it would not affect customers directly, as premium rate numbers are issued to service providers rather than end-users. Additionally, the Office of Regulation Review exempted this variation from the requirement to prepare a Regulation Impact Statement, noting that the changes were minor and machinery in nature, not substantially altering existing arrangements. The changes are set to take effect concurrently with the commencement of the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1), ensuring a seamless transition and continuity in regulatory oversight.

Scope and Application

The Telecommunications Numbering Plan Variation 2005 (No. 2) is a statutory instrument issued under the authority of the Australian Communications Authority (ACA) to amend the Telecommunications Numbering Plan 1997. This variation applies to entities that provide carriage services within Australia, particularly those involving premium rate numbers. The variation's primary aim is to remove restrictions on the use of premium rate numbers for certain content, specifically content that has been refused classification, rated X18+, R18+, MA, and MA15+. These changes are implemented to align with the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1), which imposes new restrictions and conditions on the provision of such content. The variation does not extend to individual customers but focuses on the entities that issue the premium rate numbers. The changes are designed to streamline and update the regulatory framework concerning premium rate services in accordance with recognised international standards and consumer protection requirements. The variation's application is nationwide, impacting all telecommunications service providers operating in Australia. The changes take effect on specific dates as outlined in the variation, coinciding with the commencement of the corresponding service provider determination.

Key Provisions

The main operative sections of the Telecommunications Numbering Plan Variation 2005 (No. 2) (the Variation) are found in Section 3, which specifies the variations to the Plan. The Variation, pursuant to Section 1, includes the removal of certain prohibitions regarding the use of premium rate numbers. Specifically, it removes the prohibition on supplying content that has been refused classification, rated X18+, R18+, MA, and MA15+ (collectively referred to as 'prohibited content'). Additionally, it removes the prohibition on the supply of adult services via premium rate numbers. These provisions in the Plan will be replaced by provisions in the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1), which will come into effect on the same day as the Variation. The Variation imposes obligations on the Australian Communications Authority (ACA) to ensure the Plan reflects the new regulatory environment as specified in the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1). This includes ensuring that the removed prohibitions are enforced by the new determination, thereby maintaining appropriate regulatory standards for premium rate services. The ACA is also required to ensure that the changes are implemented smoothly and that there is no disruption to existing arrangements. The Variation does not introduce new offences or penalties but rather adjusts the regulatory framework to align with the new determination. The penalties and consequences for breaches of the removed provisions will now be governed by the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1). This new determination specifies the conditions under which premium rate services can be provided, including restrictions on the type of content that can be supplied and the numbers that can be used. Non-compliance with these conditions may result in enforcement actions under the new determination, which could include fines or other penalties as specified in the determination. In summary, the Telecommunications Numbering Plan Variation 2005 (No. 2) removes certain restrictions on premium rate services from the Plan and replaces them with provisions in the Telecommunications Service Provider (Mobile Premium Services) Determination 2005 (No. 1). The ACA is required to ensure the Plan is updated accordingly and that the new regulatory framework is implemented effectively. Any breaches of the new provisions will be subject to the penalties and consequences outlined in the new determination.

Area of Law: Telecommunications Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Licensing & Registration; Enforcement Powers

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