Telecommunications Regulations (Amendment)

Legislation au C2004L06260 Regulations Not in force Legislative Instrument

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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.

Overview

The Telecommunication Regulations (Amendment) Statutory Rule 1990 No. 370 was enacted to address the problem of the Australian Telecommunications Authority (AUSTEL) lacking the authority to issue permits for the connection of cellular mobile telephone handsets and cordless telephones to the telecommunications network. This was due to a discrepancy in the definitions of "customer equipment" in the Telecommunications Act 1989 and "radiocommunications transmitter" and "receiver" in the Radiocommunications Act 1983. The Australian Parliament enacted this statutory rule under the authority of the Minister for Transport and Communications to amend the definition of "customer equipment" to include such handsets and telephones, thereby enabling AUSTEL to issue permits for their connection. The policy objective was to implement AUSTEL's recommendations to distinguish cordless telephone services from public mobile telephone services based on the service provided rather than the technology employed. Clause 1 of the amendments stipulates that they commence on 1 December 1990, while Clause 3 provides specific definitions for "cellular mobile telephone handset" and "cordless telephone". Clause 4 inserts a new regulation 2A to incorporate these definitions into the definition of "customer equipment" in section 4 of the Telecommunications Act. This amendment ensures that AUSTEL has the authority to issue permits for the connection of cellular mobile telephone handsets and cordless telephones to the telecommunications network, aligning the regulatory framework with technological advancements and service distinctions.

Scope and Application

The Telecommunication Regulations (Amendment) Statutory Rule 1990 No. 370 amends the Telecommunications Act 1989 by clarifying the scope of the definition of "customer equipment" to explicitly include cellular mobile telephone handsets and cordless telephones, which were previously excluded. This amendment rectifies a legal oversight where the Australian Telecommunications Authority (AUSTEL) lacked the authority to issue permits for the connection of such equipment to the telecommunications network, despite their practical use and connection beyond the network boundary. The regulations are applicable to AUSTEL and the entities it regulates, specifically those involved in the telecommunications industry and the equipment providers. The amendments apply nationally, under the Commonwealth jurisdiction, and are effective from 1 December 1990. The statutory rule also defines "cellular mobile telephone handset" and "cordless telephone" to ensure clear distinctions between these types of equipment, as recommended by AUSTEL in its report presented to the Minister for Transport and Communications. This amendment does not introduce any exclusions or exemptions but ensures that the necessary regulatory oversight is exercised over these specific telecommunications devices.

Key Provisions

The main operative sections of the Telecommunication Regulations (Amendment) Statutory Rule 1990 No. 370 amend the definition of ‘customer equipment’ under section 4 of the Telecommunications Act 1989 (the Act) to include cellular mobile telephone handsets and cordless telephones (section 4). Clause 1 states that these amendments will come into effect on 1 December 1990. The amendments also include specific definitions for ‘cellular mobile telephone handset’ and ‘cordless telephone’ (section 3), which are critical for distinguishing between these devices and ensuring they fall within the proper regulatory framework. Under the amended Act, the Australian Telecommunications Authority (AUSTEL) is now authorised to issue permits for the connection of cellular mobile telephone handsets and cordless telephones to telecommunications networks (section 118). This requirement ensures that such devices, which were previously excluded from the definition of ‘customer equipment’, are now appropriately regulated and permitted for use within the network. This amendment rectifies the oversight that previously left AUSTEL without the authority to regulate these devices, ensuring that they meet necessary standards and conditions for network connectivity. The obligations imposed by these amendments include ensuring that AUSTEL follows the updated definitions and regulatory framework for cellular mobile telephone handsets and cordless telephones. AUSTEL must now provide permits for these devices, confirming they comply with the regulatory requirements. Additionally, carriers must ensure that any connected devices adhere to the conditions stipulated by AUSTEL, including any technical standards or operational protocols necessary for maintaining network integrity and service quality. There are no specific offences, penalties, or civil/criminal consequences outlined in the statutory rule for non-compliance with the new regulations. However, failure to adhere to the permit requirements or regulatory standards could potentially lead to broader consequences under the overarching Telecommunications Act 1989, such as fines or other enforcement actions by AUSTEL. The precise nature of these consequences would depend on the specific breach and the provisions of the primary Act.

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