Telecommunications (Provision of Pre-selection for Specified Carriage Services) Determination 1998

Australian Communications Authority

Contents

Part 1 - Preliminary

1. Name of determination
2. Commencement
3. Definitions

Part 2 - Requirement to provide pre-selection

4. Application
5. Requirement to provide pre-selection - carriers
6. Requirement to provide pre-selection - carriage service providers
7. Records
8. Technical quality of pre-selection

Part 1 - Preliminary

Name of determination

1. This determination is the Telecommunications (Provision of Pre-selection for Specified Carriage Services) Determination 1998.

Commencement

2. This determination commences on 1 July 1999.

Definitions

3. (1) In this determination:

Act means the Telecommunications Act 1997.

Note 1: The following expressions used in this determination are defined in the Act ( see sections 7, 350 and 353):

Note 2: The following expressions used in this determination are defined in the numbering plan made by the ACA under subsection 455(1) of the Act:

• geographic number
• international direct dial service
• international service
• geographic number
• local number
• operator service
• ring back price service.

(2) A reference in this determination to specified carriage services means a call from a standard telephone service (other than a call that originates on a public mobile telecommunications service) to:

1. a geographic number or local number that is not a local call
2. an international direct dial service
3. an operator service for which the numbering plan specifies the use of a shared selectable number
4. a carriage service that is both a ring back price service and an international service and
5. a public mobile telecommunications service.

Note: To avoid any doubt, the specified carriage services listed in this determination include all of the "pre-selectable services" listed in the Telecommunications (Provision of Pre-selection for a Standard Telephone Service) Determination 1998 so that the cumulative requirement imposed on carriers and carriage service providers is to ensure that their controlled networks and controlled facilities permit an end-user to pre-select a carriage service provider as his or her preferred service provider relates to a single group of carriage services.

(3) A reference in this determination to a local call has the same meaning as eligible local calls in the Act except that such calls are not limited to an eligible customer who is a residential/charity customer.

Note: Eligible local calls is defined in section 225 of the Act.
Eligible customer is defined in section 229 of the Act.
Residential/charity customer is defined in subsection 225(4) of the Act.

Part 2 - Requirement to provide pre-selection

Application

4. This determination applies to a carrier or carriage service provider who supplies specified carriage services.

Note: Under section 352 of the Act, the ACA may declare that a specified carrier or carriage service provider is exempt from a requirement imposed by this determination.

Requirement to provide pre-selection - carriers

5. (1) The controlled networks and controlled facilities of a carrier must permit an end-user to:

1. pre-select a carriage service provider as the end-user's preferred carriage service provider for calls made using specified carriage services and
2. change that pre-selection from time to time by written request.

(2) The controlled networks and controlled facilities of a carrier must provide over-ride dial codes to be used by an end-user for selecting alternative carriage service providers on a call-by-call basis for calls made using specified carriage services.

Requirement to provide pre-selection - carriage service providers

6. (1) The controlled networks and controlled facilities of a carriage service provider must permit an end-user to:

1. pre-select another carriage service provider as the end-user's preferred carriage service provider for calls made using specified carriage services and
2. change that pre-selection from time to time by written request.

(2) The controlled networks and controlled facilities of a carriage service provider must provide over-ride dial codes to be used by an end-user for selecting alternative carriage service providers on a call-by-call basis for calls made using specified carriage services.

Records

7. A carrier or carriage service provider who is required to provide pre-selection under section 5 or 6 (access service deliverer) must keep a written record of any terms and conditions agreed to by the person under subsection 351(2) of the Act.

Technical quality of pre-selection

8. (1) An access service deliverer must take all reasonable steps to ensure that the quality of carriage services it supplies to the carriage service provider mentioned in paragraph 5(1)(a) or 6(1)(a) for specified carriage services is equivalent in all respects to the quality of carriage services it supplies to any other carriage service provider (including itself) for specified carriage services.

(2) The quality of carriage services supplied for pre-selection services in subsection (1) shall be measured by the following criteria:

(a) technical and operational quality
(b) fault detection
(c) handling and rectification of faults
(d) maintenance.

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EXPLANATORY STATEMENT

Issued by the authority of the Australian Communications Authority ('ACA')

Telecommunications (Provision of Pre-selection for Specified Carriage Services) Determination 1998

Telecommunications Act 1997

Legislative Provisions

Under subsection 349(2) of the Telecommunications Act 1997 ('the Act'), the ACA must make a written determination requiring each carrier and carriage service provider who supplies specified carriage services to provide pre-selection in favour of a specified carriage service provider.

Paragraphs 349(2)(a) and (b) of the Act require a carrier or carriage service provider who is subject to the requirement to provide pre-selection, to do so in the manner and in accordance with any incidental rules set out in the determination.

In making a determination under subsection 349(2) of the Act, the ACA must have regard to the technical feasibility and the costs and benefits of complying with the requirement. In having regard to these matters the ACA published two public discussion papers seeking industry and public comment on the technical feasibility, costs and benefits of complying with the proposed requirement. The conclusion of the ACA's consideration of these matters is that it is technically feasible to comply with the requirement and the benefits of compliance outweigh the costs. Further details of the ACA consideration of these matters is contained in a report entitled Pre-selection of Fixed to Mobile Services - Final Report" published by the ACA in December 1998. The ACA is also required to consult with the Australian Competition and Consumer Commission (ACCC) before making a determination. The ACCC was consulted by the ACA before making the determination and the ACCC acknowledged that it was consulted without amendment to the proposed determination.

Section 350 of the Act, in effect, defines pre-selection. A determination under subsection 349(2) of the Act will only be a valid exercise of this power in, if the determination requires the controlled networks and controlled facilities of a carrier or carriage service provider to do the things set out in subsections 350(1) or (2) as applicable. The terms "controlled networks" and "controlled facilities" are defined in section 14 of the Act.

Section 350 of the Act requires that pre-selection be available for the end-user's requirements which are specified in the determination in relation to the end-user's preferred carriage service provider. The end-user must also be able to change the selection of preferred carriage service provider from time to time. In addition, section 350 requires pre-selection to include the facility for end-users to change their carriage service provider on a call-by-call basis by the use of over-ride dial codes.

Under section 352 of the Act, the ACA may, by notice in the Gazette, declare that a specified carrier or carriage service provider is exempt from a requirement imposed under subsection 349(2) of the Act.

Failure to comply with the requirement to provide pre-selection, may result in carriers and carriage service providers being liable to the civil penalty provisions in Part 31 of the Act.

Background

The Telecommunications (Provision of Pre-selection for a Specified Carriage Services) Determination 1998 ('the Determination') has been made to enable the customers (referred to as "end-users" in the Act) of carriers and carriage service providers to choose their preferred carriage service providers for specified carriage services including standard telephone services and services that originate on a fixed network and terminate on a public mobile telecommunications service, and to change that selection from time to time. In addition, an end-user can use an over-ride dial code to choose a different carriage service provider, on a call-by-call basis.

The Determination only applies to a single group or "basket" of calls which are referred to in the Determination as "specified carriage services". The determination should be read in light of an exemption which the ACA has made under section 352 of the Act, which limits the obligation to provide pre-selection to cases where the customer of the carrier or carriage service provider requests pre-selection for all of the specified carriage services to the same carriage service provider (referred to in the telecommunications industry as single basket pre-selection) and if the carriage service provider selected provides for universal terminating access for all of the specified carriage services .

The ACA recognises that the requirements imposed under subsection 349(2) of the Act will affect a number of aspects of access service deliverers' systems and operations. With regard to technical feasibility matters, the ACA would expect any submission for exemption under section 352 of the Act to address in detail network matters, information systems, data capture and staff training and organisation relating to the requirements. Estimates of costs relating to each of these aspects of the requirements would also be necessary.

Notes on sections

Section 1 - Name of determination

This is a citation provision.

Section 2 - Commencement

Section 2 provides for the determination to commence on 1 July 1999.

Section 3 - Definitions

Section 3 defines the terms used in the instrument. This includes a definition of "specified carriage services" and a definition of "local call" which is derived from the definition of "local call" in the Act.

Section 4 - Application

This section applies the requirement to provide pre-selection to carriers and carriage service providers who supply a specified carriage service.

Section 5 - Requirement to provide pre-selection - carriers

This section follows the wording of section 350 of the Act to require carriers to provide pre-selection and use of over-ride dial codes in relation to the specified carriage services.

Section 6 - Requirement to provide pre-selection - carriage service providers

This section follows the wording of section 350 of the Act to require carriage service providers to provide pre-selection and use of over-ride dial codes in relation to the specified carriage services.

Section 7 - Records

This section requires carriers and carriage service providers who are required to provide pre-selection (access service deliverers), to keep records of agreements which are reached under section 351 of the Act with the carriage service provider who has been pre-selected.

Section 8 - Technical quality of pre-selection

Section 8 requires access service deliverers to ensure that the quality of the services which are supplied by them to the pre-selected carriage service provider, is equivalent to the quality of their own carriage services, and the carriage services they supply to other carriage service providers. However, the requirement to provide carriage services which are equivalent in quality only applies to specified carriage services. Therefore an access service deliverer is free to supply a different quality of services for services not falling within the definition of specified carriage services.

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