Telephone Regulations 1913 (Amendment)

Overview

The Statutory Rules 1920 No. 106, enacted under the authority of the Governor-General, represents a regulatory amendment to the Post and Telegraph Act 1901-1916. These regulations, issued with the advice of the Federal Executive Council, were designed to modify existing telephone regulations, specifically to address issues relating to the cost of erecting and maintaining telephone lines partly on existing poles owned by the Postmaster-General. The policy objective behind these amendments was to provide a clearer and more equitable system for charging for the use of poles and wires, ensuring that both the Postmaster-General and the licensees understood their respective responsibilities and costs involved in the maintenance and usage of telegraph infrastructure. These regulations were issued to bring clarity and precision to the financial arrangements between the Postmaster-General and telephone line licensees, ensuring that there was no ambiguity regarding the rental fees for the use of poles and the maintenance of wires. The amendments aimed to formalise the financial obligations and rights of both parties, thereby providing a more stable and predictable framework for the provision of telephone services in Australia.

Scope and Application

The regulations made under the Post and Telegraph Act 1901-1916, as detailed in Statutory Rules 1920, No. 106, apply to individuals and entities that are involved in the installation and use of telephone lines in the Commonwealth of Australia. These regulations specifically address the charges and terms for the erection of telephone lines on existing poles, which are the property of the Postmaster-General, and the rental fees for the use of such poles. The regulations provide for specific annual charges based on whether the telephone lines are single or double wire, and outline the conditions for the maintenance of these lines by the Postmaster-General. Additionally, they specify the minimum rental period for the use of the poles, which is six years, and the corresponding annual rental fees payable by the subscribers. These regulations have a national reach within the Commonwealth of Australia and do not explicitly exclude any particular person, entity, or transaction from their scope, although they do specify the financial obligations and responsibilities associated with the use of government-owned poles for telephone lines.

Key Provisions

The principal amendments introduced by the Statutory Rules 1920, No. 106, under the Post and Telegraph Act 1901-1916, include changes to the charges and obligations for telephone line installations. Regulation 80, which has been replaced, now stipulates that a sum of Twenty-five shillings per annum for each pole mile of single wire, or Thirty-seven shillings and sixpence per annum for each pole mile of double wire, is to be charged when the telephone line is partly erected on existing poles owned by the Postmaster-General (Reg. 80). In addition to this charge, the licensee must rent the wire on the Department’s poles for a minimum period of six years. Regulation 102 has been amended to adjust the rental fees for the poles used by subscribers. The new sub-regulation (4) mandates that subscribers pay Five shillings per annum for each pole mile of single wire and Ten shillings per annum for each pole mile of double wire as rental for the use of the poles (Reg. 102(4)). The amended regulations impose specific obligations on both the Postmaster-General and the licensees. The Postmaster-General is required to erect and maintain the wires on poles that are partly owned by the Department, while the licensee must commit to renting the wires on these poles for at least six years. Additionally, subscribers are obligated to pay the specified annual rental fees for the poles on which their telephone wires are erected. These obligations ensure that the maintenance and use of infrastructure are properly managed and that all parties involved contribute to the upkeep of the telecommunications network. Failure to comply with the provisions of these regulations may result in civil or criminal consequences. While the specific penalties are not detailed in the regulations, breaches of similar legislative instruments typically attract fines or other administrative actions. For instance, under the Post and Telegraph Act 1901-1916, non-compliance with regulations governing the installation and maintenance of telephone lines could lead to fines or other enforcement actions by the Postmaster-General. The exact penalties would depend on the nature and severity of the breach, but they serve to ensure adherence to the statutory obligations set forth in the regulations.