explanatory statement
Telecommunications Technical Standard (Requirements for connection to an air interface of a Telecommunications Network — Part 3: GSM Customer Equipment — AS/ACIF S042.3:2005) 2005
Issued by the Authority of the Australian Communications and Media Authority (ACMA)
Legislative Provisions
This instrument is the Telecommunications Technical Standard (Requirements for connection to an air interface of a Telecommunications Network — Part 3: GSM Customer Equipment — AS/ACIF S042.3:2005) 2005 (the Technical Standard). The Technical Standard makes it mandatory for manufacturers and importers 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 3: Customer Equipment — AS/ACIF S042.3:2005 (the new standard).
Section 376(1) of the Telecommunications Act 1997 (‘the Act’) allows the Australian Communications and Media Authority (ACMA) to make a technical standard relating to specified customer equipment and customer cabling.
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. Compliance is determined against 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 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 in their entirety telecommunications technical standards developed by industry. This is consistent with the practice of predecessor organisations.
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 appropriate section 376 technical standards are the major components of the telecommunications regulatory arrangements and help to ensure the integrity, safety and continued availability of telecommunications networks within Australia.
Purpose and Operation
This Technical Standard defines the requirements for GSM customer equipment. It is an update of the existing technical standard.
This Technical Standard gives effect to the new standard and through its inclusion in the Labelling Notice, will replace the existing technical standard Telecommunications Technical Standard (GSM Customer Equipment—ACA TS 018 – 1997). The new and existing standards will overlap for a short period commencing from the time the amendment to the Labelling Notice is registered. At the expiration of the overlap period the new standard will supersede the existing standard.
Impact and Effect
The introduction of this Technical Standard does not impose additional regulatory requirements on manufacturers and importers of customer equipment. The new standard adopts requirements from current international standards. Making the new standard will assist with maintaining the alignment of Australian telecommunications regulatory requirements with world practice. It will also reduce the likelihood of misunderstanding of Australian telecommunication requirements and reduce the cost of compliance for industry through the alignment with world practices.
Consultation
Section 378 of the Act requires ACMA to ensure, so far as practicable, that interested persons have an opportunity to comment on a proposed technical standard and that due consideration be given to any comments before ACMA makes the standard. The new standard was prepared by the ACIF Customer Equipment and Cable Reference Panel: GSM Technology Working Committee 10, which comprised industry representatives including carriers, carriage service providers, equipment manufacturers and importers and test houses.
A draft of AS/ACIF S042.3:2005 was made available for public comment for a period of 63 days, from 24 May to 26 July 2005, which is sufficient for the purposes of section 378 of the Act. The draft AS/ACIF S042.3:2005 was distributed to the members of the Reference Panel and the Working Committee and additionally promoted through an advertisement in a national newspaper, an electronic public mail based facility dedicated to communications and through Standards Australia.
A copy of the draft AS/ACIF S042.3:2005 was available for a free download on the ACIF website during the public comment period and copies sent directly to interested parties who contacted ACIF. Four sets of public comments were received by ACIF and all comments were minor in nature and addressed or resolved satisfactorily.
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 7852.
Other Documents Incorporated in this Instrument by Reference
The Technical Standard incorporates the Standards Australia/Australian Communications Industry Forum Standard — Requirements for connection to an air interface of a Telecommunications Network — Part 3: Customer Equipment — AS/ACIF S042.3:2005 by referencing it in the definitions and requiring the customer equipment to which the technical standard applies to comply with it. The new standard is available from ACIF (www.acif.org.au).
The Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice 2001 is available from the ACMA website at www.acma.gov.au.
Detailed Description of the Amendment Instrument
Details of the Amendment Instrument are in Attachment 1.
ATTACHMENT 1
Notes on 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 3: GSM Customer Equipment — AS/ACIF S042.3:2005) 2005.
Section 2—Commencement
This section provides that the Technical Standard commences on the day after it is registered.
Section 3—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 4—Definitions
This section provides definitions for the instrument. It defines AS/ACIF standard to reference AS/ACIF S042.3:2005 published in October 2005 and includes definitions for ‘Act’, ‘GSM’, ‘3rd Generation Partnership Project’ and ‘Public Mobile Telecommunications Service’.
Section 5—Application of Technical Standard
This section identifies the scope of the standard. It applies to customer equipment that is designed or intended for use with a GSM Public Mobile Telecommunications Service.
Section 6—Standard for customer equipment
This section provides that the equipment referred to in section 5 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.