Telecommunications (Provision of Pre-selection for a Standard Telephone Service) Determination 1998

Administered by Department of Communications and the Arts

Legislation au F2005B00452 Not in force Legislative Instrument

Legislation content

 

 

 

 

 AUSTRALIAN COMMUNICATIONS AUTHORITY

 

 

 

 Telecommunications Act 1997

 

 

 

Telecommunications (Provision of Pre-selection for a Standard Telephone Service)               Determination 1998

 

 

 

The AUSTRALIAN COMMUNICATIONS AUTHORITY, having consulted the Australian Competition and Consumer Commission, makes this determination under subsection 349(1) of the Telecommunications Act 1997.

 

 

Dated      21  December 1998

 

 

 

 

                                                                                                         A.J SHAW

                 Chairman

 

 

 

 

                                                                                                         R HORTON

                            Deputy Chairman

 

 

 

 

 

 

 Australian Communications Authority

 

 

 

 ________________________________

 

 

 

Australian Communications Authority

 

 

 

Telecommunications (Provision of Pre-selection for a Standard Telephone Service) Determination 1998

 

 

made under the

 

 

Telecommunications Act 1997

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Contents

 

 

 

Part 1   Preliminary       Page

 

1 Name of determination      2

2 Commencement       2

3 Definitions        2

 

Part 2  Requirement to provide pre-selection

 

4 Application        3

5 Requirement to provide pre-selection  -  carriers   4

6 Requirement to provide pre-selection  -  carriage

 service providers       4

7 Records        4

8 Technical quality of pre-selection     5

9 Revocation        5

 

 

 

 

 

 

 

 

_____________________________________________________________________

 

       1

 

 

 

 

Part 1 Preliminary

 

 

 

1 Name of determination

 

This determination is the Telecommunications (Provision of Pre-selection for a Standard Telephone Service) Determination 1998.

 

 

2 Commencement

 

This determination commences on gazettal.

 

 

3 Definitions

 

(1) In this determination:

 

Act means the Telecommunications Act 1997.

pre-selectable services means a callfrom  using a standard telephone service to:

(a) a geographic number or local number that is not a local call;

(b) an international direct dial service;

(c) an operator service for which the numbering plan specifies the use of a shared selectable number;

(d) a carriage service that is both a ring back price service and an international service.

 

Note 1:  The following expressions used in this determination are defined in the Act ( see sections 7, 350 and 353):

 

  • ACA;
  • carrier;
  • carriage service;
  • carriage service provider;
  • controlled facility;
  • controlled network;
  • end-user;
  • numbering plan;
  • over-ride dial codes;
  • public mobile telecommunications service;
  • standard telephone service.

 

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          2

 

 

 

Note 2:  The following expressions used in this determination are defined in the numbering plan made by the ACA under subsection 455(1) of the Act:

 

  • geographic number;
  • international direct dial service;
  • international service;
  • geographic number;
  • local number;
  • operator service;
  • ring back price service.

 

 

(2) A reference in this determination to a standard telephone service does not include a reference to a service that is supplied by means of a public mobile telecommunications service.

 

Note: Under subsection 349(5) of the Act , the ACA’s determination requiring  each carrier or carriage service provider who supplies a standard telephone service to provide pre-selection does not include a reference to a service that is supplied by means of a public mobile telecommunications service.

 

 

(3) A reference in this determination to a local call has the same meaning as eligible local calls in the Act except that such calls are not limited to an eligible customer who is a residential/charity customer.

 

Note:  Eligible local calls is defined in section 225 of the Act.

 Eligible customer is defined in section 229 of the Act.

 Residential/charity customer is defined in subsection 225(4) of the Act.

 

 

 

Part 2 Requirement to provide pre-selection

 

 

 

4 Application

 

This determination applies to a carrier or carriage service provider who supplies a standard telephone service.

 

Note:  Under section 352 of the Act, the ACA may declare that a specified carrier or carriage service provider is exempt from a requirement imposed by this determination.

 

 

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            3

 

 

 

 

5 Requirement to provider pre-selection  -  carriers

 

(1) The controlled networks and controlled facilities of a carrier must permit an end-user to:

(a) pre-select a carriage service provider as the end-user’s preferred carriage service provider for pre-selectable services for calls made using a standard telephone service; and

(b) change theat pre-selection from time to time by written request.

 

 

(2) The controlled networks and controlled facilities of a carrier must provide for a pre-selection over-ride dial codes to be used by an end-user for selecting alternative carriage service providers on a call-by-call basis for calls made using a standard telephone service.

 

 

6 Requirement to provide pre-selection  -  carriage service providers

 

(1) The controlled networks and controlled facilities of a carriage service provider must permit an end-user to:

(a) pre-select another carriage service provider as the end-user’s preferred carriage service provider for pre-selectable services for calls made using a standard telephone service; and

(b) change theat pre-selection from time to time by written request.

 

 

(2) The controlled networks and controlled facilities of a carriage service provider must providefor a pre-selection over-ride dial codes to be used by an end-user for selecting alternative carriage service providers on a call-by-call basis for calls made using a standard telephone service.

 

 

7 Records

 

A carrier or carriage service provider who is required to provide pre-selection under section 5 or 6 (access service deliverer) must keep a written record of any terms and conditions agreed to by the person under subsection 351(2) of the Act.

 

 

 

 

 

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           4

 

 

 

 

8 Technical quality of pre-selection

 

(1) An access service deliverer must take all reasonable steps to ensure that the quality of carriage services it supplies to the carriage service provider mentioned in paragraph 5(1)(a) or 6(1)(a) for pre-selectable services is equivalent in all respects to the quality of carriage services it supplies to any other carriage service provider (including itself) for pre-selectable service.

 

(2) The quality of carriage services supplied for pre-selection services in subsection (1) shall be measured by the following criteria:

(a) technical and operational quality;

(b) fault detection;

(c) handling and rectification of faults;

(d) maintenance.

 

Note:  The Australian Communications Industry Forum has developed a code entitled “Preselection - Single Basket/Multi Service Deliverer” to facilitate the provision of pre-selection.

 

 

9 Revocation

 

The Telecommunications (Provision of Pre-selection) Determination 1997, published in the Gazette on 29 July 1997 is revoked.

 

 

 

 

 

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           5

Overview

The Telecommunications (Provision of Pre-selection for a Standard Telephone Service) Determination 1998 was made under the Telecommunications Act 1997 by the Australian Communications Authority (ACA) to address the need for ensuring fair and competitive access to pre-selection services for standard telephone services. This legislation was introduced to fill a gap in the telecommunications sector by mandating that carriers and carriage service providers must allow end-users to pre-select their preferred service provider for certain types of calls and provide mechanisms for overriding this selection on a per-call basis. The policy objective was to enhance competition and provide consumers with greater choice and control over their telecommunications services, while maintaining technical quality standards for pre-selection services. The determination applies to entities supplying standard telephone services, requiring them to facilitate pre-selection of carriage service providers and to maintain records of any terms and conditions related to this service. It also mandates that the quality of pre-selection services must be equivalent for all providers, measured by technical and operational quality, fault detection and rectification, and maintenance. This determination aims to ensure that the competitive landscape of the telecommunications market is preserved and that consumers can effectively choose and switch between service providers without undue technical barriers.

Scope and Application

The Telecommunications (Provision of Pre-selection for a Standard Telephone Service) Determination 1998, made under the Telecommunications Act 1997, applies to carriers and carriage service providers who supply a standard telephone service, excluding those provided by means of a public mobile telecommunications service. This determination mandates that both carriers and carriage service providers must enable end-users to pre-select their preferred carriage service provider for specific services and allow for changes to this pre-selection via written requests. Additionally, it requires the provision of pre-selection override dial codes, enabling end-users to select alternative service providers on a per-call basis. Furthermore, access service deliverers must ensure the technical quality of the pre-selected service is equivalent to that provided to any other service provider, as per specified criteria including technical and operational quality, fault detection, and handling and rectification of faults. The determination also mandates record-keeping of terms and conditions related to pre-selection and revokes the previous Telecommunications (Provision of Pre-selection) Determination 1997.

Key Provisions

The Telecommunications (Provision of Pre-selection for a Standard Telephone Service) Determination 1998, made under the Telecommunications Act 1997, establishes the requirement for carriers and carriage service providers to allow end-users to pre-select their preferred provider for certain types of calls. This applies to calls that are not local, international direct dial services, operator services using shared selectable numbers, or services that are both ring back price services and international services (sections 4-6). Carriers and carriage service providers must enable pre-selection through their networks and facilities, allowing end-users to designate a preferred provider and change this selection via written requests. Additionally, they must provide mechanisms, such as over-ride dial codes, for end-users to select alternative providers on a per-call basis (sections 5(2) and 6(2)). The determination imposes obligations on carriers and carriage service providers to facilitate pre-selection and to maintain the technical quality of the services provided for such pre-selection. They must ensure that the quality of services supplied to the pre-selected provider is equivalent to that supplied to any other provider, including themselves, as measured by technical and operational quality, fault detection, fault handling and rectification, and maintenance (section 8). Furthermore, any carrier or carriage service provider mandated to offer pre-selection must keep written records of the terms and conditions agreed upon under the Act (section 7). The determination also revokes the previous Telecommunications (Provision of Pre-selection) Determination 1997, which was published on 29 July 1997 (section 9). Breaches of the requirements set forth in this determination may result in civil or criminal consequences. The specific penalties for non-compliance are not detailed within the determination itself but would generally fall under the broader provisions of the Telecommunications Act 1997, which could include fines and other sanctions for violations. The exact penalties would depend on the nature and severity of the breach, as well as any additional regulations or guidelines provided by the Australian Communications Authority.

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Area of Law
Communications Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Requirement to provide pre-selection
Technical quality of pre-selection

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