Telecommunications (Provision of Pre-selection for Specified Carriage Services) Determination 1998

Administered by Department of Communications and the Arts

Legislation au F2005B00451 Not in force Legislative Instrument

Legislation content

 

 

 

 

 AUSTRALIAN COMMUNICATIONS AUTHORITY

 

 

 

 Telecommunications Act 1997

 

 

 

Telecommunications (Provision of Pre-selection for Specified Carriage Services)               Determination 1998

 

 

 

The AUSTRALIAN COMMUNICATIONS AUTHORITY, having consulted the Australian Competition and Consumer Commission, makes this determination under subsection 349(2) 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 Specified Carriage Services) 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

 

 

 

 

 

 

 

 

 

_____________________________________________________________________

 

       1

 

 

Part 1 Preliminary

 

 

1 Name of determination

 

This determination is the Telecommunications (Provision of Pre-selection for Specified Carriage Services) Determination 1998.

 

 

2 Commencement

 

This determination commences on 1 July 1999.

 

 

3 Definitions

 

(1) In this determination:

 

Act means the Telecommunications Act 1997.

 

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.

 

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.

 

 

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          2

 

 

 

(2) A reference in this determination to specified carriage services means a call from a standard telephone service (other than a call that originates on a public mobile telecommunications 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; and

(e) a public mobile telecommunications service.

 

Note:  To avoid any doubt, the specified carriage services listed in this determination include all of the “pre-selectable services” listed in the Telecommunications (Provision of Pre-selection for a Standard Telephone Service) Determination 1998 so that the cumulative requirement imposed on carriers and carriage service providers is to ensure that their controlled networks and controlled facilities permit an end-user to pre-select a carriage service provider as his or her preferred service provider relates to a single group of carriage services.

 

(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 specified carriage services.

 

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 calls made using specified carriage services; and

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

 

 

(2) The controlled networks and controlled facilities of a carrier must provide 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 specified carriage services.

 

 

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 calls made using specified carriage services; and

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

 

 

(2) The controlled networks and controlled facilities of a carriage service provider must provide 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 specified carriage services.

 

 

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 specified carriage services is equivalent in all respects to the quality of carriage services it supplies to any other carriage service provider (including itself) for specified carriage services.

 

(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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Australian Communications Authority

 

 

 

 

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           5

 

Overview

The Telecommunications (Provision of Pre-selection for Specified Carriage Services) Determination 1998 was enacted by the Australian Communications Authority under the Telecommunications Act 1997 to address the need for consistent and reliable pre-selection options for end-users across specified carriage services. This determination was introduced to ensure that consumers have the ability to select their preferred carriage service providers for particular types of calls, and to allow for flexibility in making call-by-call selections if desired. The policy objective is to enhance consumer choice and control over their telecommunications services by mandating that both carriers and carriage service providers must enable pre-selection and provide the necessary technical support for these services. The determination requires carriers and carriage service providers to permit end-users to pre-select their preferred service provider for specified carriage services and to allow changes to this selection via written requests. Furthermore, it mandates that both carriers and service providers must provide override dial codes to facilitate call-by-call selections. The Australian Communications Authority ensures that the quality of pre-selected services is maintained at a standard equivalent to that of other services, measured by technical and operational quality, fault detection, handling and rectification of faults, and maintenance. This determination aims to foster a competitive telecommunications market by empowering end-users with the tools to make informed choices about their service providers.

Scope and Application

The Telecommunications (Provision of Pre-selection for Specified Carriage Services) Determination 1998, made under the Telecommunications Act 1997, applies to carriers and carriage service providers who supply specified carriage services. These specified carriage services include calls from a standard telephone service to geographic numbers or local numbers that are not local calls, international direct dial services, operator services that use shared selectable numbers, carriage services that are both ring back price services and international services, and public mobile telecommunications services. The determination mandates that both carriers and carriage service providers must permit end-users to pre-select a preferred carriage service provider for these specified services and to change this pre-selection by written request. Furthermore, they must provide override dial codes for selecting alternative service providers on a call-by-call basis. The determination also requires that carriers and carriage service providers maintain records of any terms and conditions agreed to under the Act and ensure that the technical and operational quality of the services provided for pre-selection is equivalent to that provided to any other service provider. The Act allows for the Australian Communications Authority to exempt certain carriers or service providers from these requirements if necessary.

Key Provisions

The Telecommunications (Provision of Pre-selection for Specified Carriage Services) Determination 1998 (the Determination) requires carriers and carriage service providers to facilitate the pre-selection of preferred service providers for specified carriage services. Section 5 mandates that carriers must allow end-users to pre-select a carriage service provider for specified calls and change that selection via written request. Additionally, carriers must offer override dial codes for end-users to select alternative providers on a call-by-call basis. Similarly, section 6 requires carriage service providers to enable end-users to pre-select another provider and modify this selection by written request, and to provide override dial codes for call-by-call selections. Section 7 imposes on carriers and carriage service providers the obligation to maintain written records of any terms and conditions agreed upon under subsection 351(2) of the Telecommunications Act 1997. Furthermore, section 8 stipulates that an access service deliverer must ensure the technical and operational quality of the carriage services provided for pre-selection is equivalent to those provided to any other service provider, encompassing criteria such as fault detection, handling and rectification of faults, and maintenance. The Determination imposes several obligations on carriers and carriage service providers. Primarily, carriers and service providers must facilitate the pre-selection of preferred carriage service providers for specified calls and allow end-users to modify these selections via written requests. They must also provide override dial codes for selecting alternative providers on a call-by-call basis. Furthermore, carriers and service providers are required to maintain detailed records of any terms and conditions agreed upon under the Act. Additionally, access service deliverers must ensure that the technical and operational quality of the services provided for pre-selection is on par with those offered to other providers, adhering to specific criteria including fault detection, handling, and maintenance of faults. Breaches of the Determination may lead to various consequences. While the Determination itself does not explicitly state penalties, violations of the Telecommunications Act 1997, under which this Determination is made, can result in both civil and criminal penalties. Under the Act, individuals or entities found in breach may face substantial financial penalties, with the exact amount depending on the nature and severity of the offence. Additionally, the Australian Communications Authority (ACA) has the power to issue directions, impose financial penalties, or take other regulatory actions against non-compliant carriers and service providers. In severe cases, criminal charges could be pursued, leading to fines and potential imprisonment.

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Area of Law
Telecommunications Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Requirement to provide pre-selection
Technical quality of pre-selection
Reporting & Disclosure Obligations

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