Telephone Regulations (Amendment)

Overview

The Statutory Rules 1915, No. 56, amended the Telephone Regulations under the Post and Telegraph Act 1901-1913. This legislative instrument was enacted to revise the fee structure for the use of public telephones and to clarify the circumstances under which public telephones would be made available. The regulation was made by the Governor-General, acting on the advice of the Federal Executive Council, and came into effect immediately upon issuance. The policy objective behind these amendments was to ensure that the revenue generated from public telephone usage would cover the operational costs and other specified expenses, while also making provisions for public telephones to be accessible in certain locations such as cab ranks, provided the minimum revenue targets were met.

Scope and Application

The amended Telephone Regulations, 1915, made under the Post and Telegraph Act 1901-1913, governs the fees and conditions for the use of public telephones across Australia. This legislation applies to all persons and entities seeking to use public telephones, regardless of whether they are subscribers or non-subscribers to the telephone network. The regulation sets a uniform fee of one penny for a three-minute conversation, whether made by a subscriber or non-subscriber, and outlines the circumstances under which additional trunk line charges apply. It specifies that the fee applies to public telephones located within specific radial distances from central exchanges, with different criteria for cities or towns with populations exceeding 10,000 within 10 miles and other areas within 5 miles. The regulation also includes provisions for the annual revenue requirement for public telephones to remain open and the conditions under which telephones at cab ranks are to be provided and used. This regulatory framework ensures a standardised approach to public telephone usage fees and conditions throughout the Commonwealth of Australia.

Key Provisions

The main operative sections of the amended Regulation under the Post and Telegraph Act 1901-1913 are sections 47(1) through to 47(7). Section 47(1) establishes that the fee for using a public telephone is uniformly one penny for a conversation of three minutes or part thereof, whether the call is made by a subscriber or a non-subscriber. Section 47(2) specifies that this fee only covers the conversation from the public telephone to any subscriber connected with the network of the Exchange to which that public telephone is connected, which includes main and branch Exchanges but excludes trunk lines. Section 47(3) requires that if a person speaks from one public telephone to a person at a second public telephone, the fee for the use of each telephone must be paid. Section 47(4) provides that the fee applies to public telephones situated within 10 miles radially from the Central Telephone Exchange in the case of telephone networks of cities or towns with a population of more than 10,000 residents within 10 miles radially from the Central Telephone Exchange, or within 5 miles for other networks or Exchanges. Section 47(5) states that for public telephones beyond these distances, trunk line charges specified in Regulation 51 must be paid when a public telephone is used for the purpose of conversing over a trunk line, with only the fee for the use of the trunk line being charged. Section 47(6) stipulates that public telephones will not be opened unless the estimated revenue to be derived annually is equal to the specified costs and 10 per cent of the capital cost of providing the service. If the estimated revenue is less, the persons concerned must guarantee to pay the difference annually to the Postmaster-General. Section 47(7) sets out the conditions for providing a public telephone at a cab rank, including the requirement that the minimum annual revenue of £5 must be derived from the use of the telephone, and that no preference shall be given to any cab proprietor or driver using the cab rank. The amended Regulation imposes several obligations and requirements on the parties and entities it governs. The Postmaster-General and relevant exchange operators must ensure that the fee for using a public telephone is uniformly one penny for a conversation of three minutes or part thereof. They must also ensure that the fee only applies to conversations from the public telephone to any subscriber connected with the network of the Exchange to which that public telephone is connected, excluding trunk lines. If a conversation involves two public telephones, the fee must be paid for each telephone used. The Postmaster-General must also determine the distances within which the one-penny fee applies, and ensure that the appropriate trunk line charges are applied beyond those distances. Furthermore, public telephones must not be opened unless the estimated revenue derived annually equals the sum of the specified costs and 10 per cent of the capital cost of providing the service. If the estimated revenue is less than the required amount, the persons concerned must guarantee to pay the difference annually to the Postmaster-General. For public telephones at cab ranks, the minimum annual revenue of £5 must be derived from their use, and no preference shall be given to any cab proprietor or driver using the cab rank. The amended Regulation does not explicitly outline any offences, penalties, or civil/criminal consequences for breach. However, the obligations and requirements set forth in the Regulation imply that failure to comply with the specified fees, conditions for opening public telephones, or the trunk line charges could result in civil consequences such as financial penalties or legal action for non-compliance. The Postmaster-General, as the governing authority, would have the discretion to enforce the provisions of the Regulation and take appropriate action against any party or entity found to be in breach of the specified requirements.