Telephone Regulations (Amendment) (Provisional)

Overview

The Provisional Regulation under the Post and Telegraph Act 1901-1913, enacted in 1915, was introduced to address the urgent need for amendments to the existing telephone regulations. The regulation, issued by the Governor of the State of Victoria and its Dependencies, acting as the Deputy of the Governor-General, was made with the advice of the Federal Executive Council to ensure the regulation could come into immediate operation. The key objective of this regulation was to establish a uniform fee for the use of public telephones, ensuring that the estimated annual revenue derived from public telephone usage met the necessary costs associated with the service, including allowances to premises owners, lighting costs, operating expenses, and a percentage of the capital cost of providing the service. Additionally, the regulation clarified the fee structure for using public telephones within specific radial distances from the Central Telephone Exchange and specified the charges for trunk line usage.

Scope and Application

The Provisional Regulation under the Post and Telegraph Act 1901-1913 pertains to the fees associated with the use of public telephones. It applies to all persons, whether subscribers or non-subscribers, who use public telephones within the specified geographical areas. The regulation sets a uniform fee of one penny for a three-minute conversation or part thereof, with this fee being applicable to calls made from a public telephone to any subscriber connected to the network of the Exchange to which the public telephone is linked. Notably, this fee does not cover trunk lines, and separate trunk line charges apply for such calls. The regulation specifies different radial distances within which the fee applies, depending on the population of the city or town. Additionally, the regulation mandates that public telephones will only be opened if the estimated annual revenue equals certain specified costs, or a guarantee is provided to cover any shortfall. The regulation also includes provisions for telephones at cab ranks, stipulating conditions for their provision and usage, including a minimum revenue requirement for their retention.

Key Provisions

The amended Regulation under the Post and Telegraph Act 1901-1913, specifically Regulation 47, sets out the fee structure for the use of public telephones. Regulation 47(1) states that the fee for using a public telephone is one penny for a conversation of three minutes or part of three minutes, whether the call is made by a subscriber or a non-subscriber. Regulation 47(2) clarifies that this fee applies to conversations from a public telephone to any subscriber connected to the network of the exchange to which that public telephone is connected, including the main and branch exchanges, but excluding trunk lines. Regulation 47(3) stipulates 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. Regulation 47(4) further details that the fee applies to public telephones situated within 10 miles radially from the Central Telephone Exchange for telephone networks in cities or towns with populations over 10,000 residents within 10 miles radially from the Central Telephone Exchange, and within 5 miles for other networks or exchanges. Regulation 47(5) specifies that for public telephones used beyond these distances, trunk line charges specified in Regulation 51 apply, though only the fee for the use of the trunk line is charged when a public telephone is used for trunk line conversations. The amended Regulation imposes several obligations and requirements on the parties involved. Regulation 47(5) mandates that the fee prescribed in the Regulation shall be paid for the use of any public telephone situated within the specified distances from the Central Telephone Exchange. Regulation 47(6) outlines that public telephones will not be opened unless the estimated annual revenue equals the sum of the allowances to be made to the owner or occupier of the premises, the cost of providing light for the public telephone, the cost of exchange operating, cleaning the telephone cabinet and clearing the coin receptacles, and 10 per cent of the capital cost of providing the service. If the estimated revenue is less than the required amount, the public telephones will be opened upon a guarantee being given by the concerned parties to pay the annual difference between the actual revenue and the required revenue. Regulation 47(7) specifies that a public telephone will be provided at a cab rank if required, provided the minimum annual revenue of £5 is derived from the use of the telephone. Cab proprietors or drivers using the cab rank can use the telephone upon payment of the prescribed fee for each call made, with no preference given to any cab proprietor or driver using that cab rank. This Regulation does not apply to any telephone at a cab rank where the annual fee is paid by a municipal council. Breach of the provisions set out in Regulation 47 may result in civil or criminal consequences. However, the specific offences, penalties, or consequences for breach are not detailed within the text of the amended Regulation. It is advisable to consult further legal texts or seek legal advice to understand the full extent of potential penalties for non-compliance with these provisions.