Telephone Regulations (Amendment) (Provisional)

Legislation au C1909L00056 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1909. No. 56.

 

PROVISIONAL REGULATIONS UNDER THE POST AND TELEGRAPH ACT 1901.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the undermentioned amended Regulations under the Post and Telegraph Act 1901, namely:—

Telephone Regulations,

should come into immediate operation, and mate the amended Regulations to come into operation forthwith as Provisional Regulations.

Dated this twenty-sixth day of May, One thousand nine hundred and nine.

DUDLEY,

Governor-General.

By His Excellency’s Command,

JOSIAH THOMAS.

 

Telephone Regulations.

1. In these Regulations Statutory Rules 1906, No. 114, are referred to as the Telephone Regulations.

2. Regulation 13 of the Telephone Regulations is amended by omitting the word “Directory,” and inserting in lieu thereof the word “List.”

3. Regulation 19 of the Telephone Regulations is amended by inserting at the commencement thereof the following words:—

‘‘The establishment of any Telephone Exchange shall be subject to the approval of the Postmaster-General, and.”

4. Paragraph (3) of Regulation 21 of the Telephone Regulations is amended by omitting the words “These regulations,” and inserting in lieu thereof the word and figure “Regulation 7.”

5. Regulation 26 of the Telephone Regulations is repealed, and the following Regulation is substituted in lieu thereof:—

“26. If persons not occupying the same building desire to subscribe jointly for the use of the same line, they may do so upon payment of rental at the rates specified in Regulation 7a for Party Lines.”

6. Regulation 30 of the Telephone Regulations is amended:—

(a ) By omitting the following words, and figures:—“Magneto extension bells, including two-way switch, 2s. 6d.,” and

(b ) By inserting after the words and figures, “Bells with gongs over 5 inches and not exceeding 8 inches in diameter, 17s. 6d.,” the following words and figures:—

“Bells with gongs over 8 inches and not exceeding 10 inches in diameter, £1. Bells with gongs over 10 inches and not exceeding 12 inches in diameter, £1 2s. 6d.”

 

 

C.7299.—Price 3d.

7. Regulation 32 of the Telephone Regulations is repealed, and the following is substituted in lieu thereof:—

“32. (1) Institutions which are maintained for charitable purposes, and which are supported wholly or partly by public subscriptions, shall be charged for lines, and any extra instruments half the rates specified in these Regulations.

“(2) Calls made over such lines connecting with Exchanges shall be charged half the rates specified in Regulation 7a.”

8. Paragraph (7) of Regulation 49 of the Telephone Regulations is repealed, and the following paragraph is substituted, in lieu thereof:—

“(7) Public Telephones will not be opened unless the estimated revenue to be derived annually is equal to the following amounts respectively: —

“From a Public Telephone within two miles radially from the Telephone Exchange to which it is connected:—

“In Telephone networks having a population of—

“From 1 to 10,000.................................

£4

0

0

“From 10,001 to 100,000.............................

4

10

0

“From 100,001 upwards.............................

5

0

0

“For each ½ mile or portion thereof by which the Public Telephone is beyond two miles radially from the Exchange to which it is connected an additional sum of 10s.”

9. Regulation 49A, which was added to the Telephone Regulations by Statutory Rules 1908, No. 2, is repealed, and the following Regulation is substituted in lieu thereof:—

“49A. Where the estimated revenue therefrom is not equal to the amount required by Regulation 49 (7), a public telephone will be provided on private premises, subject to the following conditions:—

“(a) The applicant must enter into an agreement to make good to the Postmaster-General any amount by which the revenue from the use of the telephone for any half-year falls below half the annual revenue required by Regulation 49 (7).

“(b) In addition, the applicant must deposit with the Postmaster-General, an amount equal to one-quarter the annual revenue required by Regulation 49 (7).

(c) The deposit shall be held by the Postmaster-General, and may be applied in making good any amount payable by the applicant under the agreement, and any balance remaining at the expiration of the agreement shall be returned to the applicant.

(d) The agreement must be for one year certain, and discontinuance of the service will be subject to Regulation 11.

(e) If in any half-year the revenue received exceeds the amount of the half-yearly rental, which would be payable for a similar service and an equal number of calls under Regulation 7a, the excess will be divided equally between the applicant and the Postmaster-General.

“(f) All calls originating at the telephone must be paid for at 1d. per call by cash inserted in a coin attachment provided by the Postmaster-General.

(g) All calls inward to the applicant will be allowed free, as to an ordinary subscriber.

“(h) So far as applicable, the provisions of Regulation 49 shall apply to a public telephone under this Regulation.”

10. Regulation 49b, which was added to the Telephone Regulations by Statutory Rules 1908, No. 20, is amended by omitting the following words:—

“The subscriber, if any, entitled to the use of the instrument without further charge, or.”

11. Regulation 52 of the Telephone Regulations, as amended by Statutory Rules 1908, No. 6, is amended by omitting the following words and figures:—

“Exceeding 25 but not exceeding 50 miles...........................

8d.

6d.”

and by inserting in lieu thereof the following words and figures:—

“Exceeding 25 but not exceeding 35 miles...........................

6d.

5d.

“Exceeding 35 but not exceeding 50 miles...........................

8d.

6d.”

12. Regulation 54 of the Telephone Regulations is amended by repealing paragraph (1) thereof, and substituting the following paragraph in lieu thereof:—

“(1) Calls over trunk lines shall not be charged for under Regulation 7A. The charges prescribed by this part of these Regulations only shall be made for those calls.”

13. Part VII. of the Telephone Regulations, as amended by Statutory Rules 1908, Nos. 6 and 117, is repealed, and the following is substituted in lieu thereof:—

“Part VII.—Use of Subscribers’ Telephones by the Public.

“56. Any subscriber to a Telephone Exchange who pays the rates prescribed by Regulation 7a may place his telephone at the service of the public.

“57. (1) The subscriber may provide and exhibit a plain and legible notice in a prominent position on his premises indicating that the telephone is available for public use, provided that, except as provided by sub-clause 2 of this Regulation, no notice or sign intimating that a telephone is available for public use shall be exhibited on or about the premises of any Hotel, Public House, or place licensed for the sale of intoxicating beverages.

“(2) The subscriber may also exhibit on a coin receptacle placed near to the telephone, a notice requesting the public using the instrument to place the coin in the receptacle provided by him for the purpose.

“58. A charge of one penny for each, conversation of three minutes, or part of three minutes, may be made by the subscriber for all calls within the network, and the money may be retained by him. The charges for each such call will be made by the Department against the subscriber at the rate prescribed by Regulation 7A.

“59. (1) Charges for conversations over trunk lines from any subscriber’s telephone available for use by the public shall be collected from the user by the subscriber, and be paid to the Department by the subscriber without any deduction.

“(2) The subscriber may also charge the user the fee prescribed by Regulation 58.

“(3) The subscriber shall pay to the Department all charges, including trunk line charges, payable to it in respect of all calls made over the telephone whether he has collected those charges or not. See also last paragraph of Regulation 7A.”

14. Regulation 66 of the Telephone Regulations is repealed, and the following is substituted in lieu thereof:—

66. Rented Fire Brigade lines, together with additional instruments thereon, which are connected with Exchanges for ordinary conversations, shall be charged for lines and instruments the ordinary Exchange rates, less 25 per centum, and the fire brigades shall be allowed to use their own instruments if of a type approved by the Deputy Postmaster-General.

“Instruments provided by Fire Brigades under this Regulation shall be maintained by and at the expense of the Fire Brigades.”

15. Paragraph (3) of Regulation 80 of the Telephone Regulations, as amended by Statutory Rules 1907, No. 46, is repealed, and the following is substituted in lieu thereof:—

“(3) The telephones and other apparatus, for use by the subscriber on lines provided for in this Regulation may be erected and maintained by the user if he so desires, or by the Postmaster-General, upon payment of the following charges annually in advance:—

 

£

s.

d.

“Telephone wall instruments, ordinary..........................

2

0

0

“Telephone instruments, special, including table sets.................

2

10

0

“For each jack, or jack and plug..............................

0

2

6

“For each shutter with local bell contact, but without bell or battery.......

0

5

0

“Intermediate switches, or switches used to divide or join two telephone circuits with magneto bell, per set             

0

10

0

“Bells, trembling, with Battery and two-way switch:—

Bells with gongs not exceeding 3½ inches in diameter...............

0

10

0

Bells with gongs over 3½ inches and not exceeding 5 inches in diameter...

0

15

0

Bells with gongs over 5 inches and not exceeding 8 inches in diameter....

0

17

6

Bells with gongs over 8 inches and not exceeding 10 inches in diameter...

1

0

0

Bells with gongs over 10 inches and not exceeding 12 inches in diameter..

1

2

6

“Bells, magneto, including two-way switch:—

 

 

 

Bells with gongs not exceeding 3 inches in diameter................

0

2

6

Bells with gongs over 3 inches and not exceeding 4 inches in diameter....

0

5

0

“Special appliances and specified patterns of instruments as per agreement.

“The Postmaster-General especially reserves, the right to refuse to provide or maintain any Private Line between houses, offices. &c, when the points connected or to be connected are more than one mile apart if the applicants can obtain connexion by means of lines connecting with Exchanges.”

16. Regulation 81, which was substituted by Statutory Rules 1908, No. 62, for Regulation 81 of the Telephone Regulations, is repealed, and the following is substituted in lieu thereof:—

“81. Telephone lines connecting a subscriber with a telephone trunk line switchboard and available for conversations over trunk lines, for which conversations the rates specified in Regulation 52

are to be paid, and telephone lines connecting a subscriber with a telegraph office for use only in connexion with the transmission of telegrams at the prescribed rates, or telephone lines to be used for both the purposes named, will be provided on payment of the rates and subject to the conditions prescribed in Parts I., XIV., or XV. of these Regulations whichever may be applicable.”

17. Regulation 82, which was substituted by Statutory Rules 1908, No. 62, for Regulation 82 of the Telephone Regulations, is repealed.

18. Regulation 83 of the Telephone Regulations is repealed.

19. Paragraph (2) of Regulation 93 of the Telephone Regulations is amended by omitting the sign and figure £1,” and inserting in lieu thereof the words “ten shillings.”

20. Regulation 94 of the Telephone Regulations is repealed, and the following is substituted in lieu thereof:—

“94. Where two or more such telephone lines in country districts not erected, or only partly erected, by the Postmaster-General connect with any telegraph office, inter-communication between them will be given upon payment of the following additional charges:—

“For calls not exceeding 2,000 half-yearly—two calls for one penny.

“For calls above 2,000 half-yearly—three calls for one penny.”

21. Paragraph (1) of Regulation 96 of the Telephone Regulations is repealed, and the following is substituted in lieu thereof:—

“(1) Every message passing in either direction between any point connected with any private telephone line and the telegraph office to which such line connects, shall be charged for at the following rates:—

“(a) For every message intended for delivery within a radius of one mile from the telegraph office to which the private telephone line connects

Including address and signature. Not exceeding sixteen words, 3d.

“(b) For every message handed in at the telegraph office to which the private telephone connects for transmission over the private telephone line to the licensee’s office

Every additional three words or fraction thereof, 1d.”

22. Regulation 108 of the Telephone Regulations, as amended by Statutory Rules 1908, Nos. 6 and 46, is repealed, and the following Regulation is substituted in lieu thereof:—

“108. Where privately-constructed lines exist at the commencement of these Regulations, or are subsequently erected to connect with any town in which a Telephone Exchange is in operation, they may be connected with the Telephone Exchange on the following terms:—

“(a) If poles of the Postmaster-General are available, the portion of the lines within the boundaries of any township shall be erected and maintained thereon by the Department.

“(b) Where poles of the Postmaster-General are not available, and it is not considered desirable that they should be erected by the Department, permission may be given for any portion to be constructed by the user of such privately-constructed line.

“(c) Where the portion of the line erected by the Department joins the portion erected by the user, the Department will provide a means of separating the two portions at will, so that defects may be localized.

“(d) For any portion of the line erected by the Department, the following annual charges shall be made:—

“For any distance up to two miles, single wire or metallic circuits, as may be necessary, £3.

“For each additional quarter-mile or portion thereof of single wire, 6s. 3d.; of metallic circuit, 9s. 5d.

“(e) In case where the line is extended so that more than one point can communicate with the Exchange:—

“For each additional point, £2.

“(f) Mileage of the portion of the line erected by the Department will be calculated radially from the Exchange as a centre.

“(g) The charges specified in (d) and (e) include:—

“(1) Unlimited calls between any two stations on the same line, such calls not requiring the attention of the Exchange.

“(2) Provision of all apparatus at the Exchange or trunk line switchboard.

“(3) The transmission by telephone, without extra charge, of telegrams on which the ordinary charges for transmission over the wires of the Postmaster-General have been paid.

“(h) All calls passing through the Exchange shall be charged for as provided in Regulation 7a, Part I.

“But the provisions of Regulations 96 and 98 shall apply, and the charges specified therein be made when the services provided for therein are required.

“A licence-fee of one shilling per annum, as required by Regulation 91, shall also be paid.”

23. Regulation 109 of the Telephone Regulations is repealed, and the following is substituted in lieu thereof:—

“109. (1) A person by whom any portion of such a line has been erected shall construct and maintain the instruments connected with it to the satisfaction of the Deputy Postmaster-General. The Postmaster-General will not be responsible for any portion of the line not erected by or for the Department.

“(2) The telephones for use on the lines will be provided by the Postmaster-General, but must be maintained by the licensee to the satisfaction of the Deputy Postmaster-General.”

24. Regulation 111 of the Telephone Regulations is repealed, and the following Regulation is substituted in lieu thereof:—

“111. Should the person using the line not maintain the portion constructed by him, or the instruments connected therewith, to the satisfaction of the Deputy Postmaster-General, after reasonable notice has been given him so to do, the service at the Exchange may be discontinued and the instruments removed without prejudice to the right of the Postmaster-General to recover any fees payable by the user.”

25. Regulation 112 of the Telephone Regulations is amended by inserting after the words “per annum” in the fifth line, the words, “and the subscriber shall provide and maintain to the satisfaction of the Deputy Postmaster-General the instrument used in connexion with the line.”

26. After Regulation 127 of the Telephone Regulations, the following Regulation is inserted:—

“127A. (1) The amendments made to the Telephone Regulations by any Statutory Rule subsequent to Statutory Rules 1909, No. 30, shall not be deemed to apply in relation to any person who is an old subscriber unless expressed to so apply or the context clearly indicates that they are to so apply.

(2) In this Regulation ‘old subscriber’ means a person who is a subscriber to a Telephone Exchange, and who has not paid or become liable to pay the rates prescribed by Regulation 7A.”

 

Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.

Overview

The Post and Telegraph Act 1901 was enacted to establish the legal framework for postal and telegraph services in Australia. This legislation was introduced to address the need for a comprehensive system to manage and regulate communication services across the nation. The Act was enacted by the Parliament of Australia, reflecting the policy objective to provide reliable and efficient communication infrastructure to support the growing needs of the country. The accompanying Statutory Rules, such as the Provisional Regulations under the Post and Telegraph Act 1901, serve to further define the operational aspects of these services, including the establishment of telephone exchanges, pricing of services, and the conditions under which public and private telephone lines could be operated. The urgency to bring these regulations into immediate operation underscores the importance of maintaining and improving communication services in the early years of the Commonwealth.

Scope and Application

The Telephone Regulations, which are statutory rules issued under the Post and Telegraph Act 1901, apply to the establishment and operation of telephone exchanges and lines, and the provision of telephone services across Australia. These regulations are enforced by the Postmaster-General, who has the authority to approve the establishment of telephone exchanges, determine the rates for various telephone services, and specify the conditions under which public telephones can be provided on private premises. The regulations also set out the rates for different types of telephone lines and services, including party lines, trunk lines, and lines for charitable institutions. Furthermore, they provide for the use of subscribers’ telephones by the public and outline the responsibilities of subscribers in maintaining their telephone lines and instruments. The scope of these regulations is national, applying uniformly across Australia, and they can be extended or restricted through subordinate instruments as necessary. The regulations include specific exclusions and exemptions, such as those for old subscribers who are not subject to certain amendments unless explicitly stated otherwise.

Key Provisions

The main operative sections of the Provisional Regulations under the Post and Telegraph Act 1901 involve several key amendments and substitutions to the existing Telephone Regulations. For instance, Regulation 13 modifies the term "Directory" to "List" (Section 2). Regulation 19 introduces a new requirement for approval from the Postmaster-General before establishing any telephone exchange (Section 3). Regulation 21 amends the reference from "These regulations" to "Regulation 7" (Section 4). Furthermore, Regulation 26 is repealed and replaced with new provisions regarding the joint subscription for the use of the same line by persons not occupying the same building (Section 5). Additionally, Regulation 30 modifies the pricing structure for bells with different gong sizes (Section 6). Regulation 32 stipulates that institutions maintained for charitable purposes should be charged half the specified rates for lines and extra instruments (Section 7). Regulation 49A outlines the conditions for providing public telephones on private premises when the estimated revenue does not meet the required amount (Section 9). Lastly, Regulation 52 adjusts the charges for calls over varying distances (Section 11). The obligations imposed by the Act require various entities to adhere to specific guidelines and maintain certain standards. For instance, telephone exchanges must obtain approval from the Postmaster-General before being established (Regulation 19). Persons who subscribe jointly for the use of the same line must pay the specified rental rates (Regulation 26). Charitable institutions supported wholly or partly by public subscriptions must pay half the rates specified for lines and extra instruments (Regulation 32). For public telephones provided on private premises, applicants must enter into an agreement with the Postmaster-General to compensate for any shortfall in revenue and deposit a certain amount upfront (Regulation 49A). Additionally, subscribers who make their telephones available for public use must adhere to specific notice and charging requirements (Regulations 56-59). The Postmaster-General reserves the right to refuse to provide or maintain any private line between points more than one mile apart if an alternative connection via telephone exchange lines is available (Regulation 80). The Act also outlines potential offences, penalties, and consequences for breach. For instance, if a person fails to maintain the portion of a line constructed by them or the connected instruments to the satisfaction of the Deputy Postmaster-General, their service at the exchange may be discontinued, and the instruments removed (Regulation 111). Furthermore, the Act allows the Postmaster-General to recover any fees payable by the user in such cases. Additionally, Regulation 127A specifies that amendments made to the Telephone Regulations by subsequent Statutory Rules will not apply to old subscribers unless expressly stated or clearly indicated by the context (Section 26). These provisions ensure compliance and maintain the integrity and functionality of the telephone network.

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Area of Law
Telecommunications Law
Instrument
Regulation
Concepts
Regulatory Standards
Licensing & Registration
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