EXPLANATORY STATEMENT
Issued by the authority of the Minister for Communications
Telecommunications (Consumer Protection and Service Standards) Act 1999
Telecommunications Universal Service Obligation (Standard Telephone Service – Requirements and Circumstances) Amendment Determination 2026
Authority
The Telecommunications Universal Service Obligation (Standard Telephone Service – Requirements and Circumstances) Determination 2026 (the Amendment Determination) is made by the Minister for Communications (the Minister) pursuant to subsections 9(2D) and 9(3) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (the Act) in reliance on subsection 33(3) of the Acts Interpretation Act 1901.
Subsection 9(2D) of the Act empowers the Minister to determine the specific requirements for making a valid request for a standard telephone service. Subsection 9(3) of the Act empowers the Minister to specify exceptional circumstances where the primary universal service provider is not legally obligated to supply a standard telephone service.
Purpose and Operation
The Amendment Determination extends the operation and makes some improvements and adjustments to the Telecommunications Universal Service Obligation (Standard Telephone Service – Requirements and Circumstances) Determination 2023 (the 2023 Determination).
Firstly, it expands the definition of ‘request’ so that it continues to capture a request for a standard telephone service (STS) made by a customer, and to further reflect a request should include the situation where Telstra withdraws or otherwise ceases providing a Universal Service Obligation (USO) STS service via a particular technology, thereby necessitating the customer to make a subsequent request for an alternative technology to provide an STS.
Secondly, the Amendment Determination introduces a new requirement for Telstra to provide advice to a customer on the technical and other requirements necessary for the provision of electricity to provide sufficient power to a technology to deliver a USO STS.
Thirdly, the Amendment Determination requires Telstra to provide consumers advice on power issues within specified timeframes, including to provide advance notice to consumers where Telstra is making technology changes.
Fourthly, the Amendment Determination also requires Telstra in making decisions on fulfilling a request for a USO STS to have regard to any reasonable steps that the customer is taking to finalise and arrange activation of a suitable power supply.
Finally, the Amendment Determination makes various minor consequential updates to replace outdated references to the Telecommunications (Customer Service Guarantee) Standard 2011 which is no longer in force, and to reflect the current Telecommunications (Customer Service Guarantee) Standard 2023.
Otherwise, existing provisions under the 2023 Determination will continue to have ongoing effect, namely, to set out circumstances in which the primary universal service provider is not reasonably required to provide a standard telephone service under the USO and setting out requirements for a valid request.
This will continue to provide ongoing certainty, clarity, guidance and protection for consumers, the Australian Media and Communications Authority (ACMA) and the Telecommunications Industry Ombudsman (TIO), with regard to the provision of important aspects of the STS delivered in accordance with the USO.
The Amendment Determination is a legislative instrument for the purposes of the Legislation Act 2003. Further details of the Amendment Determination are outlined in Attachment A.
Background
The 2023 Determination has a self-repeal date of 1 July 2026. The explanatory statement[1] to the 2023 Determination states:
In the absence of arrangements being determined under subsection 9(2D) of the Act, the primary universal service provider would have considerable discretion to determine the valid form of a request for a standard telephone service. Similarly, in the absence of a determination under subsection 9(3) of the Act, the primary universal service provider would have a general obligation to seek to meet each and every request for a universal service standard telephone service whether or not it was reasonable to do so.
Key aspects of the 2023 Determination that deal with the valid form of a request for a USO STS and circumstance where it would not be reasonable to supply a USO STS are given continued effect, with the Amendment Determination making some minor amendments to improve the operation of the instrument, including where technology changes are made, and to update some outdated references.
Authority
The Amendment Determination is made under subsections 9(2D) and 9(3) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and in reliance on subsection 33(3) of the Acts Interpretation Act 1901.
Consultation
Consultation was undertaken from 4 to 22 May 2026 seeking stakeholder comment on the two key amendments proposed in the Amendment Determination: extending the 2023 Determination so that it is aligned to the repeal date of the Telecommunications (Customer Service Guarantee) Standard 2023 , and including new provisions to require Telstra to provide advice to consumers on power issues, including where it is changing the technology used to provide a USO service.
There were 63 submissions received, including from Telstra, Optus, Vocus, the Australian Communications Consumer Action Network (ACCAN), Better Internet for Rural, Regional & Remote Australia (BIRRR), the Telecommunications Industry Ombudsman, the Isolated Children's Parents' Association (ICPA), farming/agricultural representative bodies, a regional council and individual regional and remote consumers.
The proposed extension of the instrument was broadly supported by a number of submitters, and a number of stakeholders supported the proposed amendments to introduce new safeguards requiring Telstra to provide written advice about power issues, including where Telstra is making changes to the underlying technology. However, some stakeholders advocated that Government should consider broader reform of USO arrangements, and some concerns were raised by remote consumers and representative groups, who argued Telstra should take on greater responsible for providing a reliable service, including power as part of its USO obligations.
A regulated obligation for Telstra to support power in all cases where a USO voice service is supplied would raise a number of practical and cost issues, noting the diversity of power options available to different premises nationally, and that individual consumers may have different preferences for arranging power (and potentially backup or alternative power) to support connection to telecommunications services, as well as to support the operation of non-telecommunications equipment.
However, given stakeholder feedback, some further adjustments have been made to make clearer that Telstra must provide advice notice to consumers on power issues, where it initiates technology changes, including providing clear information assist consumers to make informed decisions on different power options available. Further Telstra is expected to also have regard to steps taken by consumers to arrange connection of power before making final decisions in these circumstances. The Government will continue to consider the effectiveness of these amendments.
Legislative instrument and primary legislation
Delegated legislation rather than primary legislation has been used because the primary legislation provides for this under subsections 9(2D) and 9(3) of the Act.
This recognises the likely level of detailed drafting that would otherwise be required in the Act, and the need for flexibility in responding to any possible changes in criteria against which a reasonable request for a standard telephone service under the USO should be assessed, or the minimum requirements for a request for a USO service.
Statement of compatibility with human rights
A Statement of Compatibility with Human Rights is set out at Attachment B.
Attachment A
Details of the Telecommunications Universal Service Obligation (Standard Telephone Service – Requirements and Circumstances) Amendment Determination 2026
1 Name of instrument
Section 1 provides that the name of the Amendment Determination is the Telecommunications Universal Service Obligation (Standard Telephone Service—Requirements and Circumstances) Amendment Determination 2026.
2 Commencement
Section 2 provides for the Amendment Determination to commence the day after it is registered on the Federal Register of Legislative Instruments.
3 Authority
Section 3 provides that the Amendment Determination is made under subsections 9(2D) and 9(3) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 and in reliance on subsection 33(3) of the Acts Interpretation Act 1901. A note accompanies the provision to remind readers of the effect of subsection 33(3).
4 Schedules
Section 4 provides that each instrument that is specified in a Schedule to the Amendment Determination is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Amendment Determination has effect according to its terms. There is only one Schedule.
Schedule 1 – Amendments
Schedule 1 amends several provisions in the 2023 Determination as follows:
Items 1 and 2 make amendments to two existing definitions in paragraph 4(1). Firstly, the definition of CSG Standard is amended to replace the existing reference to the Telecommunications (Customer Service Guarantee) Standard 2011, which is no longer in force, with a reference to the Telecommunications (Customer Service Guarantee) Standard 2023. Secondly, the existing definition of request is broadened to make clear a request includes a request made by a customer if they have an existing STS using a particular technology withdrawn or otherwise ceased by Telstra, thus imposing on the customer a need to make a separate, subsequent request for an STS using an alternative technology.
Item 3 amends sub-subparagraph 7(1)(a)(iv)(B). This is a consequential change to reflect that the Telecommunications (Customer Service Guarantee) Standard 2011 is no longer in force, and to update references to relevant provisions in the Telecommunications (Customer Service Guarantee) Standard 2023.
Item 4 amends paragraph 7(4)(a). While this continues a longstanding principle that it remains the ultimate responsibility of consumers to arrange for a suitable electricity source to power the technology to supply a USO service, it introduce new consumer safeguards which require that Telstra, as the primary universal service provider, should to provide a customer with supporting information as to the technical and other specifications and/or requirement necessary for an electricity supply to power a technology to be used to supply an STS. This is intended to assist consumers make informed choices about different power options that may be available to support a USO service.
The amendments to paragraph 7(4)(a) further prescribes minimum timeframes for providing written notice on power issues. Where the request relates to the supply of a standard telephone service initiated by a consumer, the notice must be given within 10 calendar days of the request. Where the request arises due to a change in technology initiated by Telstra, the notice must be provided at least 90 calendar days before the change occurs.
For the avoidance of doubt, these arrangements are not intended to require Telstra to do detailed analysis or provide specific advice on power arrangements at any individual consumer premises, noting that options for individual premises may depend on a range of factors, including whether premises may be able to connect to mains power, different types of off-grid power, or some combination. However, it is expected that advice provided by Telstra would be sufficiently detailed and relevant to assist consumers understand key requirements needed for the specific technology that Telstra proposes to provide to the customer. While it is open to how Telstra provides this, this could potentially in the form of a fact sheet or similar written technical information.
At a minimum, this information would also need to set out, if relevant, if any given range of power options would involve work by a licensed electrician (this reflects that there may be a range power options available to support a service, and not all options will necessarily involve an electrician). Also, the information guidance would be generally anticipated to also include some key detail on the minimum power supply necessary to support a USO STS (such as voltage and power draw in watts for any necessary equipment), and any other factors that should be considered by consumers to ensure the safe operation of connected telecommunications equipment.
The intention here is that consumers can understand the minimum power requirements for a USO service, noting there may be various options at different price points, and do not inadvertently select power options that are more expensive than necessary. This type of advice may also assist consumers to consider and make broader decisions about overall power supply at their premises to support any other non-telecommunications equipment they also wish to operate alongside any USO service and equipment.
Further, before making a final decision in this circumstance (including declining a request), Telstra must also have regard to any reasonable steps taken by the person to arrange and have a suitable power supply connected and activated. For example, if the customer is making good progress in arranging commencement of a power supply, but may need slightly more time to finalise this, this would need to be taken into account before Telstra makes any final decision to decline a request.
Items 5 to 9 make minor changes to subparagraph 7(4)(h)(ii), subparagraph 7(4)(h)(iii), paragraph 7(5), subparagraph 7(5)(a) and subparagraph 7(5)(b). These are consequential to reflect that the changes made to the definition of CSG Standard (refer item 1).
Item 10 amends existing repeal provisions. This means the Standard Telephone Service Universal Service Obligation (Requirements and Circumstances) Determination 2023 will repeal on the same date that the Telecommunications (Customer Service Guarantee) Standard 2023, rather than the previous repeal date of 1 July 2026. This reflects that the Standard Telephone Service Universal Service Obligation (Requirements and Circumstances) Determination 2023 (as originally made and amended by the Amendment Determination) relies on a number of concepts in the CSG Standard, and so the repeal dates should be aligned.
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Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Telecommunications Universal Service Obligation (Standard Telephone Service—Requirements and Circumstances) Amendment Determination 2026
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Universal Service Obligation (USO) is a long-standing legislated consumer safeguard that provides that STS and payphones are reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business. The USO is set out in the Telecommunications (Consumer Protection and Service Standards) Act 1999 (‘the Act’).
The Telecommunications Universal Service Obligation (Standard Telephone Service – Requirements and Circumstances) Determination 2026 (the Amendment Determination) is made by the Minister for Communications (the Minister) pursuant to subsections 9(2D) and 9(3) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (the Act).
Subsection 9(2D) of the Act enables the Minister, by legislative instrument to determine requirements for requests for a standard telephone service such as the form of the request or information to be provided in a request. Subsection 9(3) of the Act enables the Minister to determine circumstances under which an obligation to supply a standard telephone service under the USO does not arise.
The Amendment Determination extends the operation and makes some minor adjustments to the Telecommunications Universal Service Obligation (Standard Telephone Service – Requirements and Circumstances) Determination 2023 (the 2023 Determination).
Firstly, it expands the definition of ‘request’ so that it continues to capture a request for a standard telephone service (STS) made by a customer, and to further reflect a request should include the situation where Telstra withdraws or otherwise ceases providing a Universal Service Obligation (USO) STS service via a particular technology, thereby necessitating the customer to make a subsequent request for an alternative technology to provide an STS.
Secondly the Amendment Determination introduces a new requirement for Telstra to provide advice to a customer on the technical and other requirements necessary for the provision of electricity to provide sufficient power to a technology to deliver a USO STS.
Thirdly, the Amendment Determination requires Telstra to provide consumers with advice on power issues within specified timeframes, including to provide advance notice to consumers where Telstra is making technology changes.
Fourthly, the Amendment Determination also requires Telstra in making decisions on fulfilling a request for a USO STS to have regard to any reasonable steps that the customer is taking to finalise and arrange activation of a suitable power supply.
Finally, the Amendment Determination makes various minor consequential updates to replace outdated references to the Telecommunications (Customer Service Guarantee) Standard 2011 which is no longer in force, and to reflect the current Telecommunications (Customer Service Guarantee) Standard 2023.
Otherwise, all other existing provisions under the 2023 Determination will continue have ongoing effect, namely, to set out circumstances in which the primary universal service provider is not reasonably required to provide a standard telephone service under the USO and requirements for a valid request. In so doing, this also provides ongoing certainty, clarity, guidance and protection for consumers, the Australian Media and Communications Authority and the Telecommunications Industry Ombudsman, with regard to the provision of important aspects of the STS delivered in accordance with the USO.
Human rights implications
Given the ongoing importance and need of the provisions of the 2023 Determination, the Amendment Determination makes minor adjustments and extends the operation of the 2023 Determination and the broader certainty and protection it provides to relevant stakeholders.
Some stakeholders noted during consultation that they considered USO arrangements contribute to human rights outcomes, noting the important role of telecommunications for participation in modern society. However, the Amendment Determination does not directly engage any of the applicable rights or freedoms, and so is compatible with the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.
Conclusion
The Amendment Determination is compatible with human rights as it does not raise any human rights issues.
The Hon Anika Wells MP
Minister for Communications
[1] Full text: www.legislation.gov.au/F2023L00221/latest/text/explanatory-statement