Telecommunications (Standard Telephone Service and Specified Carriage Service Exemption) Declaration 1998

Overview

The Telecommunications (Standard Telephone Service and Specified Carriage Service Exemption) Declaration 1998 was enacted to address specific exemptions within the telecommunications sector, primarily focusing on the provision of pre-selection services for end-users. This legislative instrument was made under the authority of the Australian Communications Authority, pursuant to subsection 352(1) of the Telecommunications Act 1997. The primary objective of this declaration was to exempt certain carriers or carriage service providers from the requirements outlined in the Telecommunications (Provision of Pre-selection for a Standard Telephone Service) Determination 1998 and the Telecommunications (Specified Carriage Services) Determination 1998, when an end-user requests pre-selection for services that do not meet the specified conditions. This includes scenarios where the end-user selects a provider who does not offer termination for all specified carriage services or opts for more than one service provider for a given service.

Scope and Application

The Telecommunications (Standard Telephone Service and Specified Carriage Service Exemption) Declaration 1998 applies to carriers and carriage service providers within the telecommunications industry, specifically exempting them from certain requirements when an end-user requests pre-selection of a provider that does not meet specific criteria. This exemption includes situations where the end-user pre-selects a provider that does not terminate all specified carriage services, chooses a provider for less than all specified carriage services, or selects more than one provider for one or more of these services. The geographic and jurisdictional reach of this declaration is national, as it pertains to the Australian telecommunications industry and is enacted under the Telecommunications Act 1997. The declaration came into effect on 1 July 1999, superseding the previous Telecommunications (Standard Telephone Service Pre-selection Exemption) Declaration 1998, which has been revoked. The scope of specified carriage services includes calls from standard telephone services to geographic or local numbers that are not local calls, international direct dial services, operator services with shared selectable numbers, and calls from non-mobile services terminating on mobile services. This declaration extends the application of the Act by exempting certain providers from specific pre-selection requirements under subordinate instruments such as the Telecommunications (Provision of Pre-selection for a Standard Telephone Service) Determination 1998 and the Telecommunications (Specified Carriage Services) Determination 1998.

Key Provisions

The Telecommunications (Standard Telephone Service and Specified Carriage Service Exemption) Declaration 1998 provides exemptions from certain requirements under the Telecommunications (Provision of Pre-selection for a Standard Telephone Service) Determination 1998 and the Telecommunications (Specified Carriage Services) Determination 1998 for carriers or carriage service providers who supply specified carriage services. This declaration allows an exemption if an end-user requests pre-selection in favour of a provider who does not provide, or has not arranged to provide, termination of all specified carriage services, or a provider for less than all of the specified carriage services, or more than one carriage service provider for one or more of the specified carriage services (section 3(1)). The specified carriage services in this context include calls from a standard telephone service to certain types of numbers, such as geographic or local numbers that are not local calls, international direct dial services, operator services, and certain carriage services that are both ring back price services and international services (section 3(2)(a)). Additionally, it includes calls from other carriage services that terminate on a public mobile telecommunications service (section 3(2)(b)). This declaration came into effect on 1 July 1999 and revoked the earlier Telecommunications (Standard Telephone Service Pre-selection Exemption) Declaration 1998 (sections 2 and 4). Carriers and carriage service providers are subject to specific obligations under this declaration. They must ensure that their networks and facilities permit end-users to pre-select a preferred carriage service provider for specified carriage services and allow for changes to that selection (section 3). They must also provide override dial codes to enable end-users to select alternative carriage service providers on a call-by-call basis for calls made using a standard telephone service or specified carriage service (sections 5 and 6 of the referenced determinations). However, the exemption does not apply if the end-user has pre-selected a single carriage service provider as their preferred service provider for all specified carriage services as a single group (Note 3). There are no specific offences, penalties, or civil/criminal consequences outlined in this declaration for breach of its provisions. However, non-compliance with the exemptions and requirements may result in the Australian Communications Authority taking enforcement action, which could include fines or other penalties as provided under the relevant sections of the Telecommunications Act 1997. The declaration itself does not specify maximum penalties but refers to the overarching Act for such details.