explanatory statement
Telecommunications Technical Standard (Requirements for DSL Customer Equipment for connection to the Public Switched Telecommunications Network AS/ACIF S041:2005) 2005
Issued by the Authority of the Australian Communications and Media Authority (ACMA)
Legislative Provisions
This instrument is the Telecommunications Technical Standard (Requirements for DSL Customer Equipment for connection to the Public Switched Telecommunications Network AS/ACIF S041:2005) 2005 (the Technical Standard). The Technical Standard makes it mandatory for manufacturers and importers of specified customer equipment and customer cabling to comply with the Australian Standard/Australian Communications Industry Forum Standard AS/ACIF S041:2005 — Requirements for DSL Customer Equipment for connection to the Public Switched Telecommunications Network (AS/ACIF S041:2005).
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] have accreditation as a standard 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 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 technical requirements for customer equipment that is designed or intended for connection to a DSL service over the same two wire public switched telephone network connection that is used to provide analogue voice services.
This Technical Standard gives effect to AS/ACIF S041:2005. This standard has been developed to replace a part of an existing technical standard Telecommunications Technical Standard (Analogue interworking and non-interference requirements for Customer Equipment for connection to the Public Switched Telephone Network — AS/ACIF S002)2001 (AS/ACIF S002:2001). Equipment now subject to AS/ACIF S041:2005 was previously subject to the same mandatory provisions that existed in AS/ACIF S002:2001. The two standards will operate simultaneously for a 6 month overlap period and AS/ACIF S041:2005 will replace the relevant sections of AS/ACIF S002:2001 six months after AS/ACIF S041:2005 is incorporated into the Labelling Notice.
Impact and Effect
This Technical Standard does not vary the impact on manufacturers and importers of customer equipment as the technical requirements for the specified Customer Equipment are substantially the same as those in the existing standard.
Consultation
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 7851.
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. AS/ACIF S041:2005 was prepared by an ACIF working committee comprising industry representatives including carriers, equipment manufacturers, importers and test houses.
A draft of AS/ACIF S041:2005 was made available for public comment on two separate occasions. The standard was first put out for Public Comment for a period of 66 days, from 17 August 2004 and following comments received from interested persons again for a period of 63 days from 24 May 2005 which is sufficient for the purposes of section 378 of the Act. The draft AS/ACIF S041:2005 was distributed to industry through the ACIF Customer Equipment and Cable Reference Panel (CECRP) and the ACIF working committee and additionally promoted through an advertisement in a national newspaper and an electronic public e-mail based facility dedicated to communications. The CECRP consists of telecommunications sector representatives including carriers, carriage service providers, importers, manufacturers, disability and consumer group representatives.
A copy of the proposal and report were available for a free download on the ACIF website during that period and copies sent directly to interested parties on request. In total four sets of public comments were received by ACIF, two after each round of public consultation. All comments were minor in nature and addressed or resolved satisfactorily.
Other Documents Incorporated in this Instrument by Reference
The Technical Standard incorporates AS/ACIF S041:2005 by referencing it in the definitions and requiring the customer equipment to which the technical standard applies to comply with it. AS/ACIF S041:2005 is free to download from ACIF’s website (http://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 DSL Customer Equipment for connection to the Public Switched Telecommunications Network AS/ACIF S041:2005) 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 as the industry standard - Requirements for DSL Customer Equipment for connection to the Public Switched Telecommunications Network (AS/ACIF S041:2005) as published by ACIF and Standards Australia in November 2005. This section also provides a definition of the public switched telephone network and the metallic local loop.
Section 5—Application of Technical Standard
This section identifies the scope of the standard. It specifies the requirements for customer equipment intended for connection to a DSL service that shares the metallic local loop with an analogue public switched telephone network.
Section 6—Standard for customer equipment
This section provides that customer 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.