Telecommunications Technical Standard (CDMA Customer Equipment — AS/ACIF S042) Amendment 2003 (No. 1)
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Technical Standard under subsection 376 (1) of the Telecommunications Act 1997.
Dated 12 November 2003 R HORTON Chair A HORSLEY Deputy Chair
Australian Communications Authority
1 Name of Technical Standard
This Technical Standard is the Telecommunications Technical Standard (CDMA Customer Equipment — AS/ACIF S042) Amendment 2003 (No. 1).
2 Commencement
This Technical Standard commences on gazettal.
3 Amendment of Telecommunications Technical Standard (CDMA Customer Equipment — AS/ACIF S042) 1999
Schedule 1 amends the Telecommunications Technical Standard (CDMA Customer Equipment — AS/ACIF S042) 1999.
Schedule 1 Amendments
(section 3)
[1] Subsection 1 (2), at the foot
insert
Note 1 The alternate citation mentioned in subsection (2) is the name by which the AS/ACIF Standard, adopted by this Technical Standard under section 6, is usually cited. The AS/ACIF Standard was published in 1999.
Note 2 The AS/ACIF Standard, as adopted by this Technical Standard, does not include any amendments made by Standards Australia and the Australian Communications Industry Forum after the commencement of this Technical Standard. If amendments are made, the terms of this Technical Standard will differ from those of the AS/ACIF Standard unless the AS/ACIF amendments are adopted by the ACA.
[2] Section 4, after definition of Act
insert
AS/ACIF Standard means:
(a) the Australian Standard/Australian Communications Industry Forum Standard: Requirements for connection to an air interface of a telecommunications network — Part 1: General (AS/ACIF S042.1:1999); and
(b) the Australian Standard/Australian Communications Industry Forum Standard: Requirements for connection to an air interface of a telecommunications network — Part 2: CDMA (IS-95) (AS/ACIF S042.2:1999);
published in December 1999 by the Australian Communications Industry Forum and Standards Australia International Limited.
[3] Sections 5 and 6
substitute
5 Application of Technical Standard
This Technical Standard applies to CDMA customer equipment.
6 Standard for customer equipment
The customer equipment to which this Technical Standard applies must comply with the AS/ACIF Standard.
7 Transitional
(1) This section applies to CDMA customer equipment of a type that, before the commencement of this Technical Standard:
(a) was available in Australia for use, or was being manufactured or imported; and
(b) complied with Telecommunications Technical Standard (CDMA Customer Equipment — ACA TS 200–1998).
(2) The CDMA customer equipment is taken to comply with this Technical Standard.
Overview
The Telecommunications Technical Standard (CDMA Customer Equipment – AS/ACIF S042) Amendment 2003 (No. 1) was enacted by the Australian Communications Authority (ACA) under section 376(1) of the Telecommunications Act 1997. This legislative instrument aims to amend the existing technical standard for CDMA customer equipment, ensuring it aligns with updated industry standards and technological advancements. The policy objective is to maintain a high standard of technical compliance for telecommunications equipment, ensuring consumer safety, and facilitating interoperability within the telecommunications network. This amendment addresses the need for updated technical standards to reflect changes in technology and industry practices since the original standard was established in 1999.
Scope and Application
The Telecommunications Technical Standard (CDMA Customer Equipment — AS/ACIF S042) Amendment 2003 (No. 1) is a legislative instrument made by the Australian Communications Authority under the Telecommunications Act 1997. It specifically amends the existing Telecommunications Technical Standard (CDMA Customer Equipment — AS/ACIF S042) 1999, and applies to CDMA customer equipment, ensuring that it complies with the adopted AS/ACIF Standard. The amendment is designed to update the technical requirements for customer equipment that connects to a telecommunications network's air interface using CDMA technology. This includes equipment that was either available in Australia, being manufactured or imported, and compliant with the previous standard prior to the amendment's commencement. The amendment comes into effect upon gazettal and includes provisions to accommodate transitional compliance for existing equipment.
Key Provisions
The Telecommunications Technical Standard (CDMA Customer Equipment – AS/ACIF S042) Amendment 2003 (No. 1) sets out the requirements for CDMA customer equipment, aiming to ensure compliance with specified technical standards. Section 3 amends the existing Telecommunications Technical Standard (CDMA Customer Equipment – AS/ACIF S042) 1999, introducing changes that align the standard with updated specifications. Specifically, Section 6 mandates that the customer equipment must comply with the AS/ACIF Standard, which encompasses both Part 1 and Part 2 of the Australian Standard/Australian Communications Industry Forum Standard for connection to an air interface of a telecommunications network. This amendment ensures that the equipment adheres to the latest technical requirements and specifications.
The Act imposes several obligations on the parties involved. Firstly, it requires manufacturers, importers, and suppliers of CDMA customer equipment to ensure their products comply with the amended technical standards as set out in the AS/ACIF Standard. This includes adhering to the definitions and requirements specified within Sections 4 and 6. Additionally, Section 7 provides a transitional arrangement for equipment that was already in use, being manufactured, or imported before the amendment's commencement and had previously complied with the Telecommunications Technical Standard (CDMA Customer Equipment – ACA TS 200–1998). Such equipment is deemed to comply with the new standard, provided it meets the criteria outlined in Section 7.
Failure to comply with the provisions of this Technical Standard may result in legal consequences. Although the specific penalties are not detailed within the text, breaches of telecommunications standards typically attract penalties under the Telecommunications Act 1997. These penalties can include fines, enforcement actions, or other regulatory measures imposed by the Australian Communications Authority. The severity of the penalty may depend on the nature and extent of the non-compliance, as well as any resulting harm or disruption to telecommunications services.