EXPLANATORY STATEMENT
Telecommunication Regulations (Amendment)
Statutory Rule 1990 No. 370
Issued by the authority of the Minister for Transport and Communications
Subsection 185(1) of the Telecommunications Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
The term “customer equipment” is defined in section 4 of the Act as meaning equipment that is, or is intended to be connected to a telecommunications network operated by a carrier, and that is used, or intended to be used beyond the boundary of the network, but, subject to the regulations, does not include a receiver or a radiocommunications transmitter.
Section 118 of the Act authorises the Australian Telecommunications Authority (AUSTEL) to issue permits for connection of customer equipment to a network operated by a carrier. Since the commencement of the Act in July 1989, AUSTEL has been issuing permits under section 118 of the Act in relation to cellular mobile telephone handsets and cordless telephones, based on the conclusion that both types of equipment came within the definition of ‘customer equipment. The Attorney-General’s Department advised that cellular mobile telephone handsets and cordless telephones are covered by the definition of ‘radiocommunications transmitter’ and ‘receiver’ in subsection 3(1) of the Radiocommunications Act 1983. Such equipment was therefore excluded from the definition of ‘customer equipment’ in section 4 of the Act. Consequently, AUSTEL did not have the authority to issue permits for the connection of such equipment to the telecommunications network.
The amendments authorise AUSTEL to issue permits for connection of cellular mobile telephone handsets and cordless telephones to the telecommunications network by providing that such equipment is included in the ambit of the definition of ‘customer equipment’.
Details of the amendments are as follows:
Clause 1 provides that the amendments commence on 1 December 1990.
Clause 3 provides for definitions of ‘cellular mobile telephone handset’ and ‘cordless telephone’.
On 29 May 1990, AUSTEL presented its report Public Acceaa Cordless Telephone Services to the Minister for Transport and Communications. In Chapter 8 of the Report, AUSTEL recommended that cordless telephone services should be distinguished from public mobile telephone services, and on the basis of the service provided, not on the technology employed to provide services.
A cellular mobile telephone service involves the use of a cordless telephone handset linked by radio signal to a base station which is limited in the area in which it can receive and transmit signals. The limited area is known as a ‘cell’. The base station operates as a two-way relay station between the mobile and another station known as a ‘mobile switching centre’. The mobile switching centre passes signals between the base station and the public switched telephone network. As the mobile-user moves from one cell to another cell, the mobile switching centre redirects the mobile’s transmissions from the base station in the cell being exited to the base station of the next cell being entered. This redirection function is known as the ‘inter-cell hand-over’.
Essentially, it is this ‘inter-cell hand-over’ capability which distinguishes cellular mobile telephone services from cordless telephone services. In paragraph 8.4 of its Report, AUSTEL recommended that this distinction should be the basis of separating any proposed definitions of cordless telephone service and cellular mobile telephone service.
In order to implement AUSTEL’s recommendations, the definitions of cellular mobile telephone handset’ ‘cordless telephone’ provide as follows:
‘cellular mobile telephone handset’ means a telephone handset used in a telecommunications service consisting of:
(a) 1 or more handsets; and
(b) 2 or more base stations forming part of a public mobile telephone service where the area served by each base station (in this definition called a ‘cell’) is restricted; and
(c) 1 or more stations (in this definition called ‘mobile switching centres’) which:
(i) are able to communicate by means of radiocommunications with; or
(ii) are connected by a line to;
2 or more base stations and a public switched telecommunications network;
being a service where:
(d) the operator of a handset may communicate with users of other telecommunications services by means of radio signals between the handset and a base station; and
(e) as the operator of the handset moves from the cell of 1 base station into the cell of an adjoining base station, a mobile switching centre redirects the signals from the handset so that the signals that would otherwise have been channelled through the first-mentioned base station are channelled through the adjoining base station.
•cordless telephone’ means a telephone consisting of:
(a) a base station connected by means of a line to a public switched telephone network; and
(b) one or more handsets:
(i) none of which is a cellular mobile telephone handset; and
(ii) none of which is connected by a line to the base station; and
(iii) by means of which communication may be achieved through the base station with other users of the public switched telecommunications network by the transmission of radio signals between the handset and the base station.
Clause 4 inserts a new regulation 2A to provide that for the purposes of the definition of customer equipment’ in section 4 of the Act, cellular mobile telephone handsets and cordless telephones are to be regarded as customer equipment.