explanatory statement
Issued by the Australian Communications and Media Authority
Telecommunications Act 1997
Telecommunications Technical Standard (Requirements for connection to an air interface of a Telecommunications Network – Part 1: General – AS/ACIF S042.1:2008) 2008
Purpose
The purpose of the Telecommunications Technical Standard (Requirements for connection to an air interface of a Telecommunications Network – Part 1: General – AS/ACIF S042.1:2008) 2008 (the technical standard) is to mandate a revised industry telecommunications technical standard in relation to specified customer equipment.
The technical standard mandates a standard that prescribes the general requirements, including emergency call access and acoustic safety, for cellular mobile and satellite phones and will now allow for the consistent regulation of these devices under the one standard.
Legislative Provisions
This instrument is made under subsection 376 (1) of the Telecommunications Act 1997 (the Act). Subsection 376(1) allows the Australian Communications and Media Authority (ACMA) to make a technical standard relating to specified customer equipment (CE) and customer cabling (CC). This technical standard relates to specified CE.
Background
The telecommunications regulatory arrangements for CE and CC require each supplier to apply a compliance label to its product prior to supply to the market. Compliance is determined against technical standards made under section 376 of the Act which are referred to in the Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 (the Labelling Notice).
The Labelling Notice makes it mandatory for a supplier of customer equipment to comply with this technical standard.
A technical standard made under section 376 can only consist of such requirements as are necessary or convenient for:
- protecting the integrity of a telecommunications network or facility;
- protecting the health and safety of persons who are likely to 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 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 in their entirety industry telecommunications technical standards developed by Communications Alliance.[1]
Communications Alliance has accreditation as a Standard Development Organisation from Standards Australia. ACMA currently has a Memorandum of Understanding with Communications Alliance under which Communications Alliance is responsible for the development and revision of industry telecommunications technical standards.
The revised industry telecommunications technical standard which this instrument mandates prescribes the general requirements for both cellular mobile and satellite phones. Previously, cellular mobile and satellite phones were regulated under separate standards. The revised industry telecommunications technical standard will now enable the general requirements for these devices to be uniformly regulated under the one standard.
Operation
This technical standard gives effect to the revised industry telecommunications technical standard and through its inclusion in the Labelling Notice, will replace the existing technical standard Telecommunications Technical Standard (Requirements for connection to an air interface of a Telecommunications Network – Part 1: General – AS/ACIF S042.1:2006) 2006 following a twenty four month overlap period. During the overlap period both the old and new technical standards are in force and a supplier may choose to declare compliance against either standard.
This revised industry telecommunications technical standard makes a number of changes to the previous industry standard. These changes are:
- Expansion of Scope
The Scope of the standard has been extended to now also include CE for use in connection with a satellite service.
2. Addition of general requirements for CE for use in connection with a satellite service
The general requirements including access to emergency call services and acoustic safety have been added for CE that is used in connection with a satellite service.
Consultation
Section 378 of the Act requires ACMA to ensure, so far as practicable, that interested persons have an adequate opportunity to make representations on a proposed technical standard and that due consideration be given to any representation before ACMA makes the standard. The new industry standard was prepared by the Communications Alliance Satellite Customer Equipment Working Committee WC05. This working committee comprises a wide range of industry representatives and includes carriers, carriage service providers, equipment manufacturers and importers, consumer groups and test houses.
A draft version of the industry standard was made available for public comment for a period of 87 days from 6 November 2007 to 1 February 2008, which meets the requirements for consultation under section 378 of the Act.
Copies of the draft industry standard were sent to members of Communications Alliance including its Customer Equipment and Cable Reference Panel, the Satellite Customer Equipment Working Committee, the Consumer Council and the Disability Council.
The draft industry standard for public comment was also promoted through The Australian newspaper and Standards Australia publications and committees.
Further, copies of the draft industry standard for public comment were downloadable free of charge from the Communications Alliance website during this period. In addition, copies of the standard were also sent to interested parties.
Five public representations were received. One representation was editorial. Two representations requested clarification of the scope and a one identified a reference in a test method that was incorrect and was subsequently removed. A representation in relation to the requirements for SIM less CE was acknowledged but was out of the scope of the project.
Regulation Impact
ACMA has appointed a Best Practice Regulation Coordinator to make representations for the Office of Best Practice Regulation. The coordinator has advised that the making of this instrument does not impose any substantial additional regulatory burden on manufacturers and importers of CE and accordingly a Regulation Impact Statement (RIS) is not required. The ACMA RIS exemption identifier is ACMA 063.
Documents Incorporated in this Instrument by Reference
The instrument incorporates AS/ACIF S042.1:2008 Requirements for connection to an air interface of a Telecommunications Network – Part 1: General by reference.
This standard is available from the Communications Alliance website at
http://www.commsalliance.com.au/documents/standards/S042.1:2008.
Detailed Description of the Instrument
Details of the technical standard are in Attachment A.
ATTACHMENT A
NOTES ON SECTIONS
Section 1 Name of Technical Standard
This section identifies the name of the technical standard as the Telecommunications Technical Standard (Requirements for connection to an air interface of a Telecommunications Network – Part 1: General – AS/ACIF S042.1:2008) 2008.
This section also notes that the technical standard may be cited as AS/ACIF S042.1-2008.
Note 2 in this section, read in conjunction with the definition of the AS/ACIF Standard given in section 3, indicates that this instrument adopts AS/ACIF S042.1:2008 without any amendments.
Section 2 Commencement
This section provides for the technical standard to commence on the day after it is registered.
Section 3 Definitions
This section defines the following terms which are not defined in the Telecommunications Act 1997:
AS/ACIF standard
Section 4 Objects of Technical Standard
This section sets out the 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 Application of Technical Standard
This section identifies the scope of application of the technical standard. It applies to customer equipment that is designed or intended for use with a Public Mobile Telecommunications Service or a Satellite Service or both.
Section 6 Standard for customer equipment
This section provides that customer equipment referred to in section 5 must comply with the standard AS/ACIF S042.1:2008 as published in 2008.
[1] Communications Alliance (formerly ACIF) is an industry owned, operated and resourced company established in 1997 by the telecommunications industry to implement and manage self-regulation within Australia. CA provides a neutral forum in which all participants and end-users in the Australian communications industry can work together to foster an efficient and competitive environment through self-regulatory processes, technical codes and standards.