explanatory statement
Telecommunications Technical Standard (Requirements for connection to an air interface of a Telecommunications Network — Part 1: General — AS/ACIF S042.1:1999) 2006
Legislative provisions
On June 22 2006 the Australian Communications and Media Authority made the Telecommunications Technical Standard (Requirements for connection to an air interface of a Telecommunications Network — Part1: General — AS/ACIF S042.1:1999) 2006 (the Technical Standard) under section 376(1) of the Telecommunications Act 1997 (‘the Act’). Section 376 of the Act provides that ACMA may make technical standards relating to specified telecommunications customer equipment and customer cabling.
The Technical Standard makes it mandatory for suppliers of customer equipment and customer cabling to comply with the Standards Australia/Australian Communications Industry Forum Standard — Requirements for connection to an air interface of a Telecommunications Network — Part 1: General — AS/ACIF S042.1:1999.
The Technical Standard contains the same obligations as Part 1 of technical standard S042-1999 which is repealed.
Background
The telecommunications regulatory arrangement for customer equipment and customer cabling requires each supplier to apply a compliance label to its product prior to supply to the market. The compliance label indicates that the customer equipment or customer cabling complies with technical standards made under section 376 of the Act. The Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 (‘the Labelling Notice’) made under section 407 of the Act specifies the standards applicable to particular items of customer equipment and customer cabling.
Technical standards made under section 376 of the Act can only consist of such requirements as are necessary or convenient for:
- protecting the integrity of a telecommunications network or facility;
- protecting the health or safety of persons who may be affected by the operation of the network or facility to which the equipment or cabling is connected;
- ensuring equipment can be used to give access to an emergency call service;
- ensuring interoperability of equipment with a network facility used to provide the standard telephone service; or
- achieving an objective specified in the regulations (no regulations have been made to date).
The Act further provides that in making a technical standard ACMA may apply, adopt or incorporate any matter contained in a standard proposed or approved by any other body or association. ACMA practice is to adopt telecommunications technical standards developed by industry. This is consistent with the practice of one of its predecessor organisations, the Australian Communications Authority.
The Australian Communications and Industry Forum (ACIF)[1] has accreditation as a standards making organisation from Standards Australia. ACMA currently has a Memorandum of Understanding with ACIF under which ACIF is responsible for the development and revision of industry telecommunications technical standards.
The Labelling Notice and the section 376 technical standards are major components of the telecommunications regulatory arrangements and help to ensure the integrity, safety and continued availability of telecommunications networks within Australia.
Intended impact and effect
ACMA does not intend to change the obligations with which suppliers of customer equipment must comply. Rather, making the Technical Standard is machinery in nature. It is intended to allow for the obligations in part 1 of the multi-part technical standard S042-1999 to be phased out during an overlap period with the new standard S042.1-2006.
The Technical Standard regulates general requirements for mobile customer equipment such as the ability to dial 000. The Technical Standard achieves this by adopting the industry standard AS/ACIF S042.1:1999. The Technical Standard replaces part 1 of the technical standard AS/ACIF S042-1999 that previously adopted the same industry standard and which is repealed by the Technical Standard.
Part 2 of technical standard AS/ACIF S042-1999 adopted the industry standard known as S042.2:1999. ACMA also made the new technical standard S042.2-1999 in the same terms as part 2 of S042-1999 on June 22 2006 to replace that part of the technical standard.
It follows that the matters regulated by Parts 1 and 2 of AS/ACIF S042-1999 are now regulated by the Technical Standard and AS/ACIF S042.2-1999, respectively.
The matters regulated by the Technical Standard are also regulated by a new technical standard S042.1-2006 also made by ACMA on June 22 2006. That standard adopts the new industry standard S042.1:2006.
As noted above, technical standards are given regulatory effect when incorporated into the Labelling Notice. The separation of the two parts of S042-1999 into two independent standards allows an expiry date to be placed against the Technical Standard in the Labelling Notice. This will allow a phase out period for the Technical Standard during which time suppliers may comply with either the Technical Standard or the new technical standard S042.1-2006.
Suppliers will continue to be obliged to comply with the obligations in part 2 of S042-1999. Those obligations are now contained in the new standard S042.2-1999 which ACMA has incorporated this technical standard into the Labelling Notice. There is no expiry date in the Labelling Notice for that technical standard.
Consultation
Consultation has not been undertaken for this standard as its amendment is machinery in nature and does not alter existing arrangements.
The Office of Regulation Review (ORR) has advised that the making of the technical standard does not impose a substantial additional regulatory burden on manufacturers and importers of customer equipment. As such a Regulation Impact Statement (RIS) is not required. The ORR RIS exemption ID number is 8325.
Other documents Incorporated in this instrument
The Technical Standard incorporates the Standards Australia/Australian Communications Industry Forum Standard — (Requirements for connection to an air interface of a Telecommunications Network — Part 1: General — AS/ACIF S042.1:1999) requiring the customer equipment to which the technical standard applies to comply with it. The industry standard is available from ACIF (www.acif.org.au).
Detailed description of the instrument
Section 1—Name of Technical Standard
This section provides the name and citation for the Technical Standard as Telecommunications Technical Standard (Requirements for connection to an air interface of a Telecommunications Network — Part 1: General AS/ACIF S042.1:1999) 2006.
Section 2—Commencement
This section provides that the Technical Standard commences on the day after it is registered.
Section 3−Repeal
This section repeals the Telecommunications Technical Standard (CDMA Customer Equipment AS/ACIF S042) 1999.
Section 4—Objects of Technical Standard
This section sets out the broad objects of the Technical Standard. These objects are consistent with matters that may be incorporated into a standard as provided by subsection 376(2) of the Act.
Section 5—Definitions
This section provides definitions for the instrument. It defines ‘AS/ACIF Standard’ to mean AS/ACIF S042.1:1999 published in December 1999.
Section 6—Application of Technical Standard
This section identifies the scope of the standard. It applies to customer equipment that connects to a public telecommunications network via an air interface and is an addressable device.
Section 7—Standard for customer equipment
This section provides that the equipment referred to in section 6 must comply with the AS/ACIF standard.
[1] ACIF is an industry owned, operated and resourced company established in 1997 by the telecommunications industry to implement and manage self-regulation within Australia. ACIF provides a neutral forum in which all participants and end-users in the Australian communications industry can work together to foster an efficient, competitive environment through self-regulatory processes, technical codes and standards.