Telecommunications Numbering Plan Variation 2010 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2010L01089 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Australian Communications and Media Authority

 

Telecommunications Act 1997

 

Telecommunications Numbering Plan Variation 2010 (No.1)

 

Statutory basis

 

Under subsection 455(1) of the Telecommunications Act 1997 (the Act), the

Australian Communications and Media Authority (ACMA) must, by written 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.  This is known as the Telecommunications Numbering Plan 1997 (the Numbering Plan).

 

On 8 May 2010, the ACMA varied the Numbering Plan, by written instrument, titled the Telecommunications Numbering Plan Variation 2010 (No. 1) (the instrument).  The instrument is made under s 455(10) of the Act (which sets out the matters the ACMA must have regard to in varying the Numbering Plan).

 

Purpose of the variation

 

The purpose of this variation is to make consequential amendments to the Numbering Plan, following the revocation of the Telecommunications (Freephone and Local Rate Numbers – Charities) Allocation Determination 2007 (No.1) (the Charities Determination).  The Charities Determination was repealed by the Telecommunications (Freephone and Local Rate Numbers — Charities) Allocation (Repeal) Determination 2010 (No. 1), which is intended to commence on the same day on which the Telecommunications (Freephone and Local Rate Numbers) Allocation Determination Variation 2010 (No. 1) (the amending Determination) commences.  These amendments include the removal of references to the Charities Determination throughout the Numbering Plan generally.

 

A consequential effect of the repeal of the Charities Determination, and the removal of references to it from the Numbering Plan, is that Freephone and Local Rate Numbers (FLRN) previously obtained by 'eligible charities' under the Charities Determination will no longer be subject to the restrictions that had previously applied to their ability to trade the 'rights of use' in the number (under subsection 3.75J(3) of the Numbering Plan), and will no longer be subject to cancellation of rights of use under section 3.75Q of the Numbering Plan.

 

Background

 

In 2004, the Australian Communications Authority (ACA) implemented a web-based system for allocating FLRN and provided charitable organisations, that are considered to be 'eligible charities' as defined under the Charities Determination, with preferential arrangements for the allocation of FLRN. These arrangements were made under subsection 463(1) of the Act which provides that the ACMA may, by written instrument, determine an allocation system for allocating specified numbers to carriage service providers (CSPs).

 

Freephone numbers are 10-digit numbers beginning with 1800.  Calls made to

freephone numbers are free to end-users, as all associated call charges are borne by the recipient of the call.

 

Local rate numbers are 10-digit numbers beginning with 1300, or six-digit numbers beginning with 13. The charges for calls made to local rate numbers are shared between the person who makes the call (to a maximum of the amount chargeable for a local call) and the recipient of the call (who pays the remaining charge). The call charge costs may be higher from mobile phones or pay phones.

 

FLRN may be highly valued as marketing tools, especially if a number is memorable by virtue of a pattern of digits or corresponds to a meaningful ‘phoneword’, which is derived from the alphabetical keypad translation of the number.  In addition, FLRN may encourage calls through the reduced or free call cost.

 

Paragraph 455(5)(a) of the Act, provides that the Numbering Plan may set rules relating to the allocation of numbers to CSPs, including rules to authorise the allocation of specified numbers in accordance with an allocation system determined under section 463 of the Act.

 

In 2009, the ACMA conducted a review which analysed the current operating arrangements for FLRN and found that they could be improved.  

The ACMA released a discussion paper entitled ‘smartnumbers® Discussion Paper’ setting out some proposed changes.  The changes suggested were to:

  • reduce the reserve prices and thereby make numbers more accessible to those people that want them;
  • remove the separate arrangements available to charities in order to reduce the administrative burden in assessing the validity of applications from eligible charities;
  • reduce the nomination period[1] from ten working days to four working days to reduce the waiting time between auctions;
  • change the definition of ‘active service’ in the Numbering Plan so that connecting a service to a voice recording message advertising the FLRN for sale would not be construed as ‘active service’.[2]

 

This discussion paper was published on the ACMA’s website on 22 December 2009 and submissions were invited. The public consultation was conducted in accordance with the requirements of section 460 and subsection 464(1) of the Act.

 A notice was placed in The Australian newspaper on 9 January 2010, inviting public comment by 26 February 2010.  The draft amending Determination was also published on the ACMA website along with an information paper explaining the proposed amendments and identifying its impact. 

The change proposing the removal of the current allocation process for allocation of FLRN to eligible charities with the public allocation process,  was intended to simplify the process by which eligible charities could apply for FLRN by removing the requirement for the charity to be able to establish a ‘strategic link’ to the FLRN it had applied for.

 The ACMA had formed the view that the ‘strategic FLRN’ criteria, which were set out in subsection 1.5(1) of the Charities Determination, can be confusing, problematic, and difficult to understand.  Since January 2005, almost 50 per cent of the applications received have been rejected for failing to meet the strategic FLRN criteria and this creates an administrative cost for the ACMA, as well as possibly wasting resources for the charities whose applications were rejected.  In practice, due to the complexity created by the strategic FLRN requirement, a charity took 35 days on average to be allocated the number applied for.  This is a significantly longer period than it takes allocation of FLRN via the public auction process (usually less than 20 days).

The revocation of the Charities Determination, together with the reduction in reserve prices, should ensure that the FLRN auction process continues to be an efficient means of allocating 13, 1300 and 1800 numbers to those who would like the choice and the additional benefits of a FLRN.

Consultation

 

The ACMA has undertaken substantial consultation regarding the proposal to revoke the preferential arrangements for allocation of FLRN to charities under the Charities Determination.

 

In its consultation process, the ACMA contacted approximately 60 registered charities that had used the FLRN auction process in the last 12 months to see if they had any concerns with the proposed changes.  None of these charities responded with concerns.

 

Consultation was also undertaken with the Numbering Advisory Committee (whose members include CSPs, Industry Number Management Services Ltd, business groups, consumer groups, industry associations and other government bodies) and the Australian Phone Words Association (APWA). The APWA represents businesses which are the largest purchasers and users of FLRN.

 

The ACMA has undertaken consultation with the Australian Competition and Consumer Commission (ACCC) as required under s 461 of the Act, and the ACCC had no comments on the changes.

 

As discussed above, public consultation was also conducted in accordance with sections 460 and 464 of the Act, which require a 30-day public consultation period.  A notice was placed in the The Australian newspaper on 9 January 2010 inviting public comment by 26 February 2010. The draft legal instruments associated with the proposed changes were also published on the ACMA website together with a discussion paper explaining the proposed amendments and identifying their impact.

 

REGULATORY IMPACT

Given the expected minimal impact the slight increase in fees will have on industry and competition, an exemption for a Regulatory Impact Statement and Business Cost Calculator Report has been obtained.

 

 

NOTES ON SECTIONS

 

Section 1 provides that the variation may be cited as the Telecommunications Numbering Plan Variation 2010 (No.1).

 

Section 2 provides that the instrument takes effect on commencement of the Telecommunications (Freephone and Local Rate Numbers) Allocation Determination Variation 2010 (no. 1), or the date of registration of the instrument, whichever is the later.

 

Section 3 specifies that the Numbering Plan is amended as set out in the Schedule 1.

 

Schedule 1 Variations relating to the repeal of the Charities Determination

 

Items 1, 2, 4, 5, 6 and 8 of the instrument omit references to the Charities Determination in ss 3.75A(1), 3.75B, 3.75C(1), 3.75E(1), 3.75F(3) (respectively) of the Numbering Plan.  These are consequential amendments made following the repeal of the Charities Determination.

 

Item 3 of the Variation removes the definition of the Charities Determination (following its repeal) from s 3.75B of the Numbering Plan.

 

Item 7 replaces the note in subsection 3.75E(1) of the Numbering Plan, so that reference to section 2.3 of the Charities Determination is removed, following the repeal of the Charities Determination.

 

Item 9 omits subsection 3.75J(3) of the Numbering Plan, which makes provision in relation to 'rights of use' for a number obtained by a charity under the Charities Determination.  This is a consequential amendment to remove provisions that are no longer applicable following the repeal of the Charities Determination.

 

Item 10 repeals subsection 3.75J(4)(d) of the Numbering Plan, which relates to trading the rights of use for a number obtained under the Charities Determination.  This is a consequential amendment, for clarification purposes, resulting from the repeal of the Charities Determination.

 

Item 11 repeals section 3.75Q of the Numbering Plan, which is a consequential amendment following the repeal of the Charities Determination.  Section 3.75Q of the Numbering Plan was applicable if the 'rights of use' holder under the Numbering Plan was an eligible charity, and provided that the 'rights of use' holder could not retain an 'excess number' (as defined by subsection 3.75Q(2) of the Numbering Plan) for longer than 12 months.  Following the repeal of the Charities Determination, this provision is no longer required.

 

[1] The nomination period is the period before the auction when users may submit an opening bid.

[2] Under section 3.75P of the Numbering Plan the ACMA must cancel the rights of use of a FLRN if there has been no active service on the number for a period of 3 years.  The proposed changes have not been pursued by the ACMA in the amendments made by the amending Determination.

Overview

The Telecommunications Numbering Plan Variation 2010 (No.1) was enacted by the Australian Communications and Media Authority (ACMA) under the authority granted by subsection 455(1) of the Telecommunications Act 1997. The purpose of this variation was to address the need for consequential amendments to the Telecommunications Numbering Plan 1997 following the revocation of the Telecommunications (Freephone and Local Rate Numbers – Charities) Allocation Determination 2007 (No.1). This revocation led to the removal of preferential arrangements for the allocation of Freephone and Local Rate Numbers (FLRN) to eligible charities, thereby simplifying the allocation process and reducing administrative burdens. The variation also removed references to the repealed Charities Determination from the Numbering Plan and amended provisions related to the rights of use for numbers obtained by charities, aiming to streamline the process and ensure consistency within the telecommunications numbering framework. The ACMA undertook extensive consultation with relevant stakeholders, including registered charities, the Numbering Advisory Committee, and the Australian Phone Words Association, to gather feedback on the proposed changes. The public was also invited to provide comments during a 30-day consultation period as mandated by sections 460 and 464 of the Act. The ACMA considered these inputs in finalizing the variation, which took effect on the commencement of the Telecommunications (Freephone and Local Rate Numbers) Allocation Determination Variation 2010 (No. 1). The policy objective behind these amendments was to enhance the efficiency and fairness of the FLRN allocation process, ultimately benefiting both the telecommunications industry and end-users.

Scope and Application

The Telecommunications Numbering Plan Variation 2010 (No.1) is a statutory instrument made by the Australian Communications and Media Authority (ACMA) under subsection 455(10) of the Telecommunications Act 1997, which concerns the allocation of numbers for carriage services in Australia, including Freephone and Local Rate Numbers (FLRN). This variation applies to all entities and individuals involved in the supply or use of telecommunications services within Australia, particularly those seeking to acquire FLRN. The geographic reach of this legislation is nationwide, impacting all states, territories, and entities operating within Australia. The variation removes preferential arrangements that previously existed for 'eligible charities' to obtain FLRN, aligning their acquisition process with the general public allocation process. This change was made following the revocation of the Telecommunications (Freephone and Local Rate Numbers – Charities) Allocation Determination 2007 (No.1). The variation also removes specific references to the repealed Charities Determination from the Numbering Plan, thereby eliminating restrictions on the trading of rights of use for numbers obtained by charities and cancelling the rights of use under certain conditions. The changes are designed to streamline the allocation process, reduce administrative burdens, and improve the efficiency of the FLRN auction process. The variation comes into effect on the later of the commencement date of the Telecommunications (Freephone and Local Rate Numbers) Allocation Determination Variation 2010 (No. 1) or the date of registration of the instrument.

Key Provisions

The Telecommunications Numbering Plan Variation 2010 (No. 1) (the instrument) is a variation made by the Australian Communications and Media Authority (ACMA) under section 455(10) of the Telecommunications Act 1997 (the Act). The instrument is primarily concerned with making consequential amendments to the Telecommunications Numbering Plan 1997 (the Numbering Plan) following the revocation of the Telecommunications (Freephone and Local Rate Numbers – Charities) Allocation Determination 2007 (No. 1) (the Charities Determination). This revocation was intended to simplify the process for the allocation of Freephone and Local Rate Numbers (FLRN) to eligible charities. The instrument requires the removal of references to the Charities Determination from the Numbering Plan and makes several consequential amendments to the Numbering Plan as set out in Schedule 1 of the instrument. The primary obligation imposed by this instrument on the ACMA is to ensure that the Numbering Plan is updated in line with the revocation of the Charities Determination. This includes removing all references to the Charities Determination from the Numbering Plan and making the necessary consequential amendments. Additionally, the instrument requires the ACMA to ensure that the amendments are implemented effectively and in accordance with the statutory requirements under the Telecommunications Act 1997. The ACMA is also required to conduct public consultation in line with sections 460 and 464 of the Act, although no concerns were raised during the consultation process regarding the proposed changes. The instrument introduces several consequential amendments to the Numbering Plan, primarily by removing references to the Charities Determination and adjusting the rules governing the allocation and use of FLRN. For example, the instrument removes the definition of 'eligible charity' from section 3.75B of the Numbering Plan and omits references to the Charities Determination from sections 3.75A(1), 3.75B, 3.75C(1), 3.75E(1), and 3.75F(3) of the Numbering Plan. Furthermore, the instrument removes subsection 3.75J(3) of the Numbering Plan, which previously made provisions in relation to 'rights of use' for numbers obtained by a charity under the Charities Determination. Similarly, subsection 3.75J(4)(d) and section 3.75Q of the Numbering Plan are repealed, as they were no longer applicable following the revocation of the Charities Determination. In terms of penalties and consequences, the instrument itself does not explicitly state any penalties for non-compliance with its provisions. However, under the Telecommunications Act 1997, any failure to comply with the Numbering Plan could result in various civil or criminal penalties. For instance, any person who contravenes a provision of the Numbering Plan could be liable for a civil penalty, with the maximum penalty varying depending on the nature of the contravention. Similarly, any person who contravenes a provision of the Act or the Numbering Plan in a way that constitutes an offence could be subject to criminal penalties, including fines and imprisonment, as determined by the relevant court.

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