Record-keeping rules for retail Customer Service Guarantee benchmarks
ACMA makes the Telecommunications (Customer Service Guarantee) Record-Keeping Rules 2011
After consideration of submissions received in its recent public consultation process, the ACMA has made the Telecommunications (Customer Service Guarantee) Record-Keeping Rules 2011 (the Rules) and registered the Rules on the Federal Register of Legislative Instruments on 30 September 2011. The Rules commenced on 1 October 2011.
The Rules and the accompanying explanatory statement can be found on the Federal Register of Legislative Instruments website.
Four submissions were received from:
The ACMA proposes to exercise its powers under section 529 of the Telecommunications Act 1997 (the Telecommunications Act) to make record-keeping rules. The record-keeping rules will require certain carriage service providers to keep records and report to the ACMA.
The rules relate to Ministerially-determined performance benchmarks for standard telephone services provided under the Customer Service Guarantee (CSG). Details of the government’s consumer safeguard reforms and the consultation process for safeguards are available from the Department of Broadband, Communications and the Digital Economy’s website.
The ACMA is inviting comment on proposed record-keeping rules relating to the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011 (Retail CSG benchmarks).
The ACMA currently receives the majority of data requested in the proposed record-keeping rules using its formal information gathering powers in the Telecommunications Act and through the voluntary cooperation of industry. The rules will provide certainty for carriage service providers allowing them to correctly record and report performance so that the ACMA has sufficient information to fulfil its monitoring, compliance and enforcement responsibilities.
Compliance with record-keeping rules is a requirement of section 530 of the Telecommunications Act and making an incorrect record is an offence under section 531.
The Retail CSG record-keeping rules will apply to the class of carriage service providers specified in the Retail CSG benchmarks as "qualifying carriage service providers".
The rules are proposed to commence 1 October 2011.
Closing date for submissions was by close of business 6 September 2011.
Submissions for the proposed record-keeping rules for retail Customer Service Guarantee benchmarks have now closed.
The preferred method of submission is electronically to the following email address: email@example.com
or posted to:
Telecommunications Record-keeping Rules Consultation
NBN Implementation Section
Australian Communications and Media Authority
PO Box 13112, Law Courts
Melbourne Vic 8010
Publication of submissions
In general, the ACMA publishes all submissions that it receives. However, it will not publish submissions that it considers contain defamatory or irrelevant material.
The ACMA prefers to receive submissions that are not claimed to be confidential. However, it accepts that a submitter may sometimes wish to provide information in confidence. In these circumstances, submitters are asked to identify material over which confidentiality is claimed and to explain the confidentiality claims in writing.
The ACMA will not automatically accept all claims of confidentiality, but will consider each claim on a case-by-case basis.
When can the ACMA be required by law to release information?
The ACMA may be required to release submissions by law under the Freedom of Information Act 1982 or for other reasons including for the purpose of parliamentary processes or under court subpoena. The ACMA will seek to consult submitters of confidential information before that information is released but cannot guarantee that it will not be released through these or other legal means.