Telephone Regulations (Amendment) (Provisional)

Overview

The Statutory Rules 1908, No. 28, comprising the Provisional Regulations under the Post and Telegraph Act 1901, were enacted to address the need for immediate adjustments to the existing telephone regulations. The regulations were introduced to provide flexibility and urgency in modifying the existing framework without the need for parliamentary approval, allowing for swift implementation of necessary changes. This legislative instrument was issued by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under the authority of the Post and Telegraph Act 1901. The overarching policy objective of these provisional regulations is to ensure the efficient and timely administration of telephone services by allowing for immediate regulatory changes.

Scope and Application

The Provisional Regulations under the Post and Telegraph Act 1901, specifically addressing telephone exchanges and lines connecting with trunk line switchboards or telegraph offices, apply to subscribers who seek to establish telephone connections for specific purposes such as conversations over trunk lines or the transmission of telegrams. These regulations outline payment terms, including the requirement for subscribers to pay one year's rental in advance if the construction cost exceeds the first year’s rental but does not exceed the total rental for the first two years. Additionally, the regulations set forth rates for the provision of telephone lines, whether fully provided by the Postmaster-General or partly by the applicant, with varying costs based on the length and type of line. These regulations have a jurisdictional reach across the Commonwealth of Australia and are applicable to any entities or individuals seeking to establish telephone connections as specified. The application of these regulations can be further extended or modified through subordinate instruments, ensuring flexibility and responsiveness to changing needs in the telecommunications sector.

Key Provisions

The Provisional Regulations under the Post and Telegraph Act 1901, specifically amending the Telephone Regulations, introduce several key provisions. Regulation 12 of Part I, Telephone Exchanges, now mandates that if the construction cost of a line exceeds the first year's rental but does not surpass the total rental for the first two years, the subscriber must pay one year's rental upfront and commit to paying the rental for an additional year (Regulation 12). In Part XIII, which deals with Telephone Lines connecting with Trunk Line Switchboards or Telegraph Offices, Regulations 81 and 82 have been repealed and replaced with new provisions. Regulation 81 sets forth the annual rates for telephone lines connecting subscribers to trunk line switchboards or telegraph offices, which must be paid in advance. For lines not exceeding two miles radially from the switchboard or telegraph office, the rate is £3, with an additional charge of 10 shillings for each additional quarter-mile or fraction thereof (Regulation 81). Regulation 82 specifies rates when the service is provided partly by the Postmaster-General and partly by the applicant. For a line not exceeding two miles, the rates are £2 5 shillings for a single wire circuit and £2 17 shillings 6 pence for a metallic circuit, with additional charges of 6 shillings 3 pence and 9 shillings 5 pence respectively for each additional quarter-mile (Regulation 82). These regulations impose specific obligations on subscribers and the Postmaster-General. Subscribers must pay the specified rental and connection fees in advance as outlined in the regulations. They must also enter into agreements to pay the rental for additional years if the construction cost exceeds the initial rental. The Postmaster-General, on the other hand, is responsible for providing the necessary infrastructure and ensuring that the services are delivered in accordance with the specified rates and conditions. This includes the installation and maintenance of telephone lines, as well as the provision of wall instruments and necessary connections to trunk line switchboards or telegraph offices. Failure to comply with these regulations can result in civil consequences. While the specific penalties are not detailed in the text, breaches of postal and telegraph regulations typically carry fines or other sanctions as determined by the relevant authorities. For instance, non-payment of fees or failure to adhere to the terms of the agreement could lead to legal action to recover the owed amounts or to enforce compliance. Additionally, persistent non-compliance might result in the suspension or termination of the subscriber's service.