3.1 Outline
of Schedule for geographic numbers
A telephone number that is a geographic number is
identified in items of Schedule 2 in the following way:
|
Column 1
|
Shows the first digits of
the number
|
|
Column 2
|
Describes the charging district where a call to the number
will terminate, or appears to terminate, for charging purposes
|
|
Column 3
|
Describes the structure of the number
|
|
Column 4
|
Explains the special arrangements (if any) for use of
the number
|
3.2 Application of Part 1
(1) This Part applies to the use of a geographic number
in connection with the supply of a carriage service to the public.
(2) However, this Part does not apply to the use of a
geographic number in a private numbering scheme.
3.3 Geographic
numbers
(1) A number with the components in columns 1 and 3 of
an item of Schedule 2 is a geographic number.
(2) However, if the special arrangements mentioned for a
geographic number in column 4 of Schedule 2 mention that the number is not for
use after a particular day, the number is not a geographic number after that
day.
3.4 Use
of geographic numbers
(1) A geographic number must not be used except in
connection with the supply of a local service.
(2) A call made in
Australia to a geographic number must:
(a) terminate at a location in a charging
district mentioned for the number in column 2 of Schedule 2; or
(b) be charged for in the way mentioned in
subsection (3).
(3) The call charge for the call must be worked out as
if the call were terminated at a location in the relevant charging district.
(4) Geographic numbers
allocated in the same unit must not be used except in connection with the
supply of carriage services:
(a) that terminate calls to the numbers at
locations in the same standard zone unit; or
(b) for which the call charge for the calls is worked
out as if the calls were terminated at locations in the standard zone unit.
(5) This section does not prevent another number being
used in connection with the supply of a local service.
Notes
1. Geographic numbers are allocated in units of
particular sizes: see section 6.23.
2. The geographic limits on the use of geographic numbers
restricts movement of the numbers between different locations.
3.5 Using
numbers of local geographic significance: numbers in Part 1 of Schedule 3
(1) A geographic number mentioned in Part 1 of
Schedule 3 is a number of local geographic significance.
(2) The number must not
be issued except in connection with the supply of a carriage service:
(a) that terminates a call to the number at a
location in the geographic sector or area mentioned for the number in
Part 1 of Schedule 3; or
(b) for which the call charge for the call is
worked out as if the call were terminated at a location in the geographic
sector or area.
(3) The number must not
be used except in connection with the supply of a carriage service:
(a) that terminates a call to the number at a
location in the standard zone unit containing the geographic sector or area for
which the number is issued for subsection (2); or
(b) for which the call charge for the call is
worked out as if the call were terminated at a location in the standard zone
unit.
3.6 Using
numbers of local geographic significance: other numbers
(1) A geographic number not mentioned in Part 1 or
2 of Schedule 3 is a number of local geographic significance.
(2) The number must be used in connection with the
supply of a carriage service in a way consistent, as far as practicable, with
the existing patterns of allocation.
(3) The existing patterns of allocation include patterns
corresponding to areas where geographic numbers with the same first 6 digits
have been issued.
3.7 Using
numbers of broad geographic significance: numbers in Part 2 of Schedule 3
(1) A number of broad geographic significance
is a geographic number mentioned in Part 2 of Schedule 3.
(2) The number must not
be used except in connection with the supply of a carriage service:
(a) that terminates a call to the number at a
location in the charging district mentioned for the number in Part 2 of
Schedule 3; or
(b) for which the call charge for the call is
worked out as if the call were terminated at a location in the relevant
charging district.
3.8 Use
of local numbers
(1) If a local number only is dialled to make a call
between 2 locations having the same area code, the number:
(a) may be used as a geographic number; and
(b) must be accepted as the geographic number by
the originating access service provider for the call.
(2) This section does not apply to a call mentioned in
section 9.8 until the date when a carriage service provider must ensure that
the call can be made without dialling the area code.
Note For renumbering arrangements for
geographic numbers see section 9.4 and Schedule 9.
Division 2 Creating standard zone units
3.8A Application
for creation of standard zone unit
(1) A carriage service provider may apply to the ACA, in
writing, for the creation of a standard zone unit in an area that is not a
standard zone unit.
(2) The application must include a statement that the
carriage service provider proposes:
(a) to allow existing end‑users who will
receive service in the proposed standard zone unit to keep their existing
numbers; or
(b) to issue existing end‑users with new
numbers.
(3) The application must include the following
information:
(a) a description of the area;
(b) a unique name for the proposed standard zone
unit;
(c) the name of each standard zone unit adjacent
to the proposed standard zone unit;
(d) the charging district within which the
proposed standard zone unit would be located;
(e) both:
(i) the longitude and latitude of a
point within the proposed standard zone unit by which the unit can be
identified; and
(ii) a description of the boundaries of
the proposed standard zone unit;
(f) for end‑users (if any) who reside in
the area:
(i) the numbers issued to the end‑users;
and
(ii) the standard zone unit for which
the numbers were originally allocated for use; and
(iii) an explanation of the way (if
any) in which the creation of a new standard zone unit is likely to impact on
the end‑users.
(4) If either or both of the following apply:
(a) the carriage service provider:
(i) has issued numbers that are
allocated for use in another standard zone unit to end‑users in the area
of the proposed standard zone unit; and
(ii) proposes that the end‑users
should keep their numbers for use in the proposed standard zone unit;
(b) the carriage service provider:
(i) has a block of numbers, from a
unit of numbers allocated to it for use in another standard zone unit, which
have not yet been issued to customers; and
(ii) proposes to use those numbers in
the proposed standard zone unit;
the application must include a request to the ACA to rezone the
numbers so that they are appropriate for use in the proposed standard zone
unit.
Note If a carriage service provider does
not wish to rezone numbers in an existing allocation, or does not hold any
numbers that are able to be rezoned, the carriage service provider should apply
for an allocation of numbers to be used in the new standard zone unit in
accordance with the rules set out in Chapter 6.
If the carriage service provider wishes to recover and replace a
number from an end‑user that was issued prior to the area being zoned in
accordance with Division 2, the carriage service provider must comply with the
rules on recovery and replacement of numbers set out in Chapter 10.
(5) If subsection (4) applies, the application must
include:
(a) details of the units of numbers that were
allocated for use in another standard zone unit; and
(b) confirmation that the proposed standard zone
unit will be in the same charging district as that other standard zone unit to
which the numbers had been allocated.
Note The arrangements in this section are
consistent with the requirements for rezoning numbers under section 6.33, which
is located in Part 3 of Chapter 6.
3.8B Notification
of application for creation of standard zone unit
(1) As soon as practicable after receiving an
application under subsection 3.8A (1), the ACA must place a copy of the
application on an Internet website operated by or for the ACA.
(2) As soon as practicable after receiving an
application under subsection 3.8A (1), the ACA must notify, in writing:
(a) each carriage service provider that holds
geographic numbers in the proposed standard zone unit at the time the ACA
receives the application; and
(b) any other carriage service provider that the
ACA considers may be disadvantaged or otherwise inconvenienced by the creation
of the proposed standard zone unit;
that the ACA has received the application.
(3) The notification under subsection (2) must also
include statements that:
(a) the application has been placed on a website
operated by or for the ACA; and
(b) the carriage service provider may make an
objection to the creation of the standard zone unit in accordance with section
3.8C.
3.8C Objections
to application for creation of standard zone unit
(1) A carriage service provider that:
(a) is notified under subsection 3.8B (2);
or
(b) considers that it may be disadvantaged, or
otherwise inconvenienced, by the creation of a proposed standard zone unit;
may object to the creation of the proposed standard zone unit.
(2) An objection by a carriage service provider must:
(a) be made in writing; and
(b) be received by the ACA not later than:
(i) 20 working days after the day on
which the ACA placed a copy of the application on a website under subsection 3.8B (1);
or
(ii) if the ACA, in writing, allows the
carriage service provider to make an objection after the end of that period —
the time allowed by the ACA; and
(c) include a statement that the creation of the
standard zone unit:
(i) is likely to affect the capacity
of the carriage service provider to fulfil its obligations in respect of
untimed local calls set out in Part 4 of the Telecommunications (Consumer
Protection and Service Standards) Act 1999; or
(ii) is likely to affect the capacity
of the carriage service provider to comply with the arrangements made under
section 3.4 in relation to geographic numbers; or
(iii) will impose undue costs on the
carriage service provider’s capacity to route, or bill for, calls to or from
the proposed standard zone unit; and
(d) give reasons in support of the objection.
3.8D ACA
decision on application for creation of standard zone unit
(1) The ACA must decide whether or not to create the
standard zone unit proposed in the application within 40 working days after
receiving the application.
Note The ACA creates a standard zone unit
in accordance with section 3.8G.
(2) If the ACA receives an application under subsection
3.8A (1), the ACA may ask the carriage service provider, in writing, to
give it further information on matters mentioned in the application to allow it
to consider the application.
Example
The ACA may ask the applicant for further information about
numbers that:
· are already in
use in another standard zone unit within the same charging district; and
· may also be
appropriate to use in the proposed standard zone unit.
(3) The 40 days mentioned in subsection (1) do not
include a period:
(a) starting when the ACA asks the carriage
service provider under subsection (2) for further information; and
(b) ending when the ACA receives the information.
(4) In deciding whether or not to create the standard
zone unit, the ACA must have regard to:
(a) the objects of this plan; and
(b) the ability of any carriage service provider
to fulfil its obligations in respect of untimed local calls set out in Part 4
of the Telecommunications (Consumer Protection and Service Standards) Act
1999 if the standard zone unit were created; and
(c) the ability of any carriage service provider
to comply with the arrangements made under section 3.4 in relation to
geographic numbers if the standard zone unit were created; and
(d) the reasons given in support of any objection
made by a carriage service provider under section 3.8C; and
(e) the extent to which the creation of the new
standard zone unit would impose undue costs on carriage service providers, and
whether the imposition of the costs would outweigh the advantages of creating
the new standard zone unit.
(5) The ACA must notify the applicant of a decision
under subsection (1), in writing, as soon as practicable after making the
decision.
3.8E Register
of standard zone units
(1) The ACA must make and keep a register to record
standard zone created after decisions under subsection 3.8D (1).
(2) The ACA must make the register available for
inspection by the public at reasonable times.
(3) The ACA must update the register as soon as
practicable if:
(a) the details recorded in the register have
changed; or
(b) the ACA makes a decision, in relation to a
carriage service provider or a standard zone unit, that affects a matter
recorded in the register.
3.8F Creation
of standard zone unit by registration
(1) If the ACA decides under subsection 3.8D (1) to
create a standard zone unit, the ACA must create the standard zone unit in
accordance with this section as soon as practicable after making the decision.
(2) The ACA must include in the register kept under section
3.8E:
(a) the details of the standard zone unit; and
(b) the information for the standard zone unit
given under subsection 3.8A (2) by the applicant for the creation of the
standard zone unit.
(3) The standard zone unit is taken to have been created
when the ACA completes the arrangements set out in subsection (2).
(4) The ACA may, at any time, include other information
about the standard zone unit in the register.
3.8G ACA
decision on request to rezone numbers to be used in new standard zone unit
(1) If an application under subsection 3.8A (1)
includes a request for the ACA to rezone numbers so that they are appropriate
for use in a proposed standard zone unit:
(a) the ACA is not required to make a decision
if the ACA refuses to create the standard zone unit proposed in the
application; and
(b) if the ACA decides to create the standard
zone unit, the ACA must decide whether to approve or refuse the request within
5 working days after making that decision.
Note There are several processes by which
a carriage service provider may be provided with numbers that can be used in a
new standard zone unit.
One process is to rezone numbers allocated for use in a new
standard zone unit in the same charging district as the charging district in
which the new standard zone unit is to be created. This section provides the
ACA with the discretion to rezone a block of contiguous numbers in an
allocation for use in the new standard zone unit.
If a carriage service provider has already issued numbers to
customers that are in areas that are to be rezoned under Division 2, the
provider may choose to request the ACA to rezone a block of numbers which
includes those customers’ numbers. The ACA may only make a decision to rezone
numbers where the carriage service provider has made an application for the ACA
to do so under section 3.8A.
(2) In deciding whether to make a decision under
subsection (1), the ACA must have regard to:
(a) the objects of this plan; and
(b) the ability of any carriage service provider
to fulfil its obligations in respect of untimed local calls set out in Part 4
of the Telecommunications (Consumer Protection and Service Standards) Act
1999 if the standard zone unit were created; and
(c) the ability of any carriage service provider
to comply with the arrangements made under section 3.4 in relation to
geographic numbers if the standard zone unit were created; and
(d) the reasons given in support of any objection
made by a carriage service provider under section 3.8C; and
(e) whether the new standard zone unit will be
in the same charging district as the other standard zone unit to which the
numbers had been allocated.
(3) The ACA must notify the applicant of a decision
under subsection (1), in writing, as soon as practicable after making the decision.
(4) The ACA must update the Register, maintained under
section 465 of the Act, to reflect an approval of a request.
Part 2 Special
services numbers
Division 1 Information about special services numbers
|
Information about special services numbers
This Part and Schedule 4 explain:
·
the form of special services numbers
·
that special services numbers must be used in connection with
the supply of carriage services specified for the numbers
·
the broad level of charge for calls to special services numbers
·
which special services numbers are shared selectable numbers,
or shared non‑selectable numbers, and how they may be used
·
which special services numbers are access codes, and how they
may be used
·
other ways that special services numbers can be used.
A special services number does not show the geographic
location of the number being called.
A number in the form identified in Schedule 4 is recognised
as a special services number. A number that does not have that form is not
recognised as a special services number, and must not be used as a special
services number.
The arrangements for special services numbers are as
consistent as practicable with the International Telecommunication Union
document ITU‑T Recommendation E.164, Numbering Plan for the ISDN
Era.
|
3.9 Outline
of Schedule for special services numbers
A telephone number that is a special services
number is identified in items of Schedule 4 in the following way:
|
Column 1
|
Shows the number, or the first digits of the number (the prefix)
|
|
Column 2
|
Describes the carriage service to which the prefix relates
and explains (in italics) whether the level of call charge for the
number is limited to a low charge
|
|
Column 3
|
Describes the structure for the number and explains (in
italics) special arrangements (if any) for use of the number
|
|
Column 4
|
Explains whether an incoming call from outside Australia
may be routed to the number and also explains (in italics) whether the number
is a type of shared number
|
3.10 Application
of Part 2
(1) This Part applies to the use of a special services
number specified in Schedule 4 in connection with the supply of carriage
services to the public.
(2) However, this Part does not apply to the use of a
special services number in a private numbering scheme.
3.11 Special
services numbers
(1) A number with the components in columns 1 and 3 of
an item of Schedule 4 is a special services number.
(2) However, if the special arrangements mentioned in
italics in column 3 of Schedule 4 for a number state that the number is not for
use before a particular day, the number is not a special services number until
that day.
(3) However, if the special arrangements mentioned in
italics in column 3 of Schedule 4 for a number state that the number is not for
use after a particular day, the number is not a special services number after
that day.
(4) A number with 4 to 13 digits (inclusive), and with
the prefix ‘10’, ‘11’ or ‘12’, is also a special services number.
3.12 Using
special services numbers
(1) A special services number must not be used except in
connection with the supply of the type of carriage service mentioned for the
number in column 2 of Schedule 4.
(2) However, a special services number with 4 to 15
digits (inclusive), and with the prefix ‘10’, ‘11’ or ‘12’, must not be used
except:
(a) in connection with the supply of an incoming
only international service; or
(b) in accordance with arrangements for the
number mentioned in section 3.18; or
(c) in accordance with arrangements for the
number mentioned in other provisions of this Part.
(3) This section does not prevent another number being
used in connection with the supply of carriage services mentioned in
column 2 of Schedule 4.
Note Sections 3.16 and 3.17 explain
whether the number is a shared number that must be used in connection with the
supply of a selectable or non‑selectable carriage service.
3.12A Using
special services number 12 23 for national and international operator connected
call service or operator service
In addition to subsection 3.12 (1), the
special services number 12 23 may be used in connection with the supply
of:
(a) a national and international operator connected
call service; or
(b) an operator service;
only in accordance with the table and sections 3.12B, 3.12C and
3.12D.
Table
|
Item
|
If the special services number is used to make a call
using …
|
then …
|
|
1
|
a public mobile telecommunications service
|
the carriage service provider may, at its discretion,
supply the national and international operator connected call service or
operator service
|
|
2
|
a carriage service (other than a public mobile
telecommunications service) that is not subject to the price control
arrangements specified in a determination made by the Minister under
subsection 154 (1), 155 (1) or 157 (1) of the Telecommunications
(Consumer Protection and Service Standards) Act 1999
|
the carriage service provider may, at its discretion,
supply the national and international operator connected call service or
operator service
|
|
3
|
a carriage service (other than a public mobile
telecommunications service) that is subject to the price control arrangements
specified in a determination made by the Minister under subsection 154 (1),
155 (1) or 157 (1) of the Telecommunications (Consumer
Protection and Service Standards) Act 1999
|
(a) the carriage service provider
must not supply the national and international operator connected call
service or operator service unless an approved implementation operation plan
is in effect for the carriage service provider; and
(b) the carriage service provider must supply the
national and international operator connected call service or operator
service in accordance with the approved implementation operation plan
|
Note Implementation operation plans are
explained in section 3.12B.
3.12B Implementation
operation plan
(1) If a carriage service provider wishes to use the
special services number 12 23 in connection with the supply of a
national and international operator connected call service or an operator
service (an optional service) in response to calls made using a
carriage service that:
(a) is not a public mobile telecommunications
service; and
(b) is subject to
the price control arrangements specified in a determination made by the
Minister under subsection 154 (1), 155 (1) or 157 (1) of the Telecommunications
(Consumer Protection and Service Standards) Act 1999;
the provider must apply to ACMA for approval of an implementation
operation plan relating to how the provider will use the number to supply the
optional service.
(2) The application must be made in a form approved by
ACMA.
(3) The application form must require the applicant to
consult with consumer organisations about the provision of optional services,
and to provide a documented record of the consultations as part of the
application.
Note The applicant is expected to consult
consumer organisations that are appropriate to the circumstances in which, and
the clients to whom, the applicant proposes to supply the optional services.
The opinion of each organisation that has been consulted will be taken into account
under subsection (5).
(4) The application must be accompanied by a draft
implementation operation plan that sets out arrangements to ensure that:
(a) the provider will continue to supply a
directory assistance service when the special services number is used to supply
optional services; and
(b) the supply of optional services will not diminish
access to, or the supply of, a directory assistance service when the special
services number is used to supply optional services; and
(c) consumers will be adequately informed about
the availability of the optional service and any charges applicable to the
supply of the optional service.
(5) ACMA must consider the application within 60
business days after receiving it, having regard to:
(a) whether the draft implementation operation
plan will ensure the outcomes mentioned in subsection (4); and
(b) whether the draft implementation operation
plan is consistent with the objects of the Act; and
(c) the opinion of each appropriate consumer
organisation that the carriage service provider has consulted about the
provision of optional services; and
(d) any other matter that ACMA considers
relevant.
(6) Within the 60 business days mentioned in subsection
(5), ACMA may ask the carriage service provider, in writing, to give it further
information about matters mentioned in the application to allow it to consider
the application.
(7) The 60 business days mentioned in subsection (5) do
not include a period:
(a) starting when ACMA asks the carriage service
provider under subsection (6) for further information; and
(b) ending when ACMA receives the information.
(8) If ACMA is satisfied:
(a) that the draft implementation operation plan
sets out appropriate arrangements for subsection (4); and
(b) the draft implementation operation plan is
consistent with the objects of the Act; and
(c) that the carriage service provider has given
it adequate records of all consultations it has had with appropriate consumer
organisations about the provision of optional services; and
(d) as to any other matter that ACMA considered
relevant for paragraph (5) (d);
ACMA must approve the draft implementation operation plan and
notify the carriage service provider of its decision.
(9) If ACMA is not satisfied as described in subsection
(8), ACMA must:
(a) refuse to approve the draft implementation
operation plan; and
(b) notify the carriage service provider of its
decision.
Note A refusal
of an application is reviewable by the Administrative Appeals Tribunal: see
Schedule 11.
3.12C Amendment
or replacement of implementation operation plan at ACMA’s direction
(1) If ACMA has approved an implementation operation
plan, ACMA may direct the relevant carriage service provider, in writing:
(a) to amend the approved plan in a way set out
in the direction; or
(b) to replace the approved plan with a plan set
out in the direction.
(2) However, ACMA must not give a direction unless it
is satisfied that the arrangements in:
(a) the approved plan, as amended; or
(b) the replacement plan;
will be more effective in ensuring the outcomes mentioned in
subsection 3.12B (4).
(3) If ACMA gives a carriage service provider a
direction, the provider must not supply an optional service unless ACMA
notifies the provider that ACMA has decided that the provider has complied with
the direction.
Note A carriage service provider is not
required to comply with the direction, and may instead decide to cease
supplying optional services.
(4) If the carriage service provider gives ACMA an
amended plan, or a replacement plan, that the provider believes complies with
the direction, ACMA must decide, within 60 business days after receiving the
plan, whether the provider has complied with the direction.
(5) Within the 60 business days mentioned in subsection
(4), ACMA may ask the carriage service provider, in writing, to give it further
information to allow it to consider the plan.
(6) The 60 business days mentioned in subsection (4) do
not include a period:
(a) starting when ACMA asks the carriage service
provider under subsection (5) for further information; and
(b) ending when ACMA receives the information.
(7) If ACMA is satisfied that the carriage service
provider has complied with the direction, ACMA must approve the plan and notify
the provider of its decision.
(8) If ACMA is not satisfied that the carriage service
provider has complied with the direction, ACMA must notify the provider of its
decision.
Note A decision
that ACMA is not satisfied that a carriage service provider has complied with
its direction is reviewable by the Administrative Appeals Tribunal: see
Schedule 11.
3.12D Amendment
or replacement of implementation operation plan on application by carriage
service provider
(1) In addition to section 3.12C, a carriage service
provider may apply to ACMA for approval of:
(a) an amendment of the approved implementation
operation plan set out in the application; or
(b) a replacement implementation operation plan
set out in the application.
(2) The application must be made in a form approved by
ACMA.
(3) ACMA must consider the application within 60
business days after receiving it, having regard to whether the arrangements in
the amended plan or the replacement plan will be more effective than the
current approved implementation operation plan in ensuring the outcomes
mentioned in subsection 3.12B (4).
(4) Within the 60 business days mentioned in subsection
(3), ACMA may ask the carriage service provider, in writing, to give it further
information about matters mentioned in the application to allow it to consider
the application.
(5) The 60 business days mentioned in subsection (3) do
not include a period:
(a) starting when ACMA asks the carriage service
provider under subsection (4) for further information; and
(b) ending when ACMA receives the information.
(6) The carriage service provider must supply optional
services in accordance with the provider’s current approved implementation
operation plan until ACMA notifies the provider of its decision.
(7) If ACMA is satisfied:
(a) that the amended plan or the replacement
plan will be more effective than the current approved plan in ensuring the
outcomes mentioned in subsection 3.12B (4); and
(b) the amended plan or the replacement plan will
be consistent with the objects of the Act; and
(c) as to any other matter that ACMA considered
relevant for paragraph 3.12B (5) (d);
ACMA must approve the amendment or the replacement plan and notify
the carriage service provider of its decision.
(8) If ACMA is not satisfied as described in subsection
(7), ACMA must:
(a) refuse to approve the amendment or the
replacement plan; and
(b) notify the carriage service provider of its
decision.
Note A refusal
of an application is reviewable by the Administrative Appeals Tribunal: see
Schedule 11.
3.12E Cessation
of supply of service under implementation operation plan
(1) If a carriage service provider:
(a) uses the special services number 12 23
in connection with the supply of a national and international operator connected
call service or an operator service; and
(b) intends to cease the supply of the service;
the provider must notify ACMA of its intention, in writing, as soon
as practicable before ceasing to supply the service.
(2) The carriage service provider must include in the
notification the likely date on which the provider will cease to supply the
service.
3.13 Call
charge
(1) Column 2 of an item of Schedule 4 also explains
(in italics) whether the level of call charge for the number in the item is
limited to a low charge (a low charge number).
(2) Subsection (3) only applies to calls made to a low
charge number using a standard telephone service (other than a public mobile
telecommunications service).
(3) A low charge number
is for use only in connection with the supply of carriage services for which
the call charge for calls to the number:
(a) is worked out by reference to the number of
calls made during a particular period, regardless of how long each call lasted;
and
(b) is not more than the low charge amount.
(4) The low charge amount is the highest
call charge for an eligible local call made using a standard telephone service,
other than a public mobile telecommunications service, supplied by the national
universal service provider.
(5) Call charge is the charge (if any)
that a customer would incur for using a carriage service to make a call,
disregarding optional discounts and surcharges (if any) applied to the charge.
3.14 Incoming
international access
(1) Column 4 of an item of Schedule 4 also states
whether an incoming call from outside Australia may be routed to the special
services number in the item.
(2) If column 4 of an item of Schedule 4 states
that the call may not be routed to the special services number in the item, the
number must not be used in connection with the supply of a carriage service
that routes the call to the number.
(3) If column 4 of an item of Schedule 4 states
that the call may be routed to the special services number in the item, the
number may be used in connection with the supply of a carriage service that
routes the call to the number.
Division 2 Special services numbers that are shared numbers
|
Information about
shared numbers
Shared numbers are used in
connection with the supply of either a selectable or non‑selectable
carriage service.
‘1234’ is a shared number
used in connection with the supply of a selectable carriage service, as it is
a number available to be shared by carriage service providers to supply the
service mentioned for the number in Schedule 4. Callers to the number
can choose to use the services of a carriage service provider by pre‑selecting
to that carriage service provider or, on a call by call basis, by use of a
pre‑selection over‑ride code before the shared number. Section
349 of the Act allows for the ACA to make written determinations about pre‑selection.
‘1831’ is a shared number
used in connection with a calling number display over‑ride service that
is also a non‑selectable carriage service.
See Dictionary for the
meaning of:
·
pre‑selection over‑ride code
·
pre‑selection over‑ride service
·
non‑selectable carriage service
·
selectable carriage service.
|
3.15 Shared
numbers
Column 4 of an item of Schedule 4 also states
(in italics) whether the number in the item is a type of shared number.
3.16 Shared
numbers used on a selectable basis
(1) If column 4 of an item in Schedule 4 includes a
reference to ‘shared selectable’, the number in the item is a shared
number that must not be used except in connection with the supply of a
selectable carriage service.
(2) A shared number may be used without being allocated.
(3) This section does not prevent another number being
used in connection with the supply of a selectable carriage service.
3.17 Shared
numbers used on a non‑selectable basis
(1) If column 4 of an item in Schedule 4 includes a
reference to ‘shared non‑selectable’, the number in the item is a shared
number that must not be used except in connection with the supply of a
non‑selectable carriage service.
(2) A private number is also a shared number
that must be used in connection with the supply of a non‑selectable
carriage service.
(3) A shared number may be used without being allocated.
(4) This section does not prevent another number being
used in connection with the supply of a non‑selectable carriage service.
3.17A Shared
numbers used on a not accessible to public basis
(1) If column 4 of an item in Schedule 4
includes a reference to ‘shared not accessible to public’, the number in
the item is a shared number that must not be:
(a) accessible to the public; or
(b) allocated to a carriage service provider; or
(c) used by a carriage service provider except
in connection with the supply of an assistance operator service, a delay
operator service or a directory enquiries service.
(2) This section does not prevent another number being
used in connection with the supply of an assistance operator service, a delay
operator service, or a directory enquiries service.
Division 3 Special services numbers that are access codes
|
Information about
access codes
Access
codes are numbers used only as prefixes to other numbers. Examples of
the other numbers are:
·
international numbers
·
private numbers
·
geographic numbers
·
special services numbers.
Access
codes generally indicate that a particular kind of carriage service or
function is applied to a call to the number following the access code.
‘0011’ is an access code used as
a prefix to an international number or a private number. The access code
indicates that the number is used in connection with the supply of a carriage
service of an international character.
|
3.18 International
access codes
(1) A special services number in Part 2 of
Schedule 4 may be used as a prefix to an international number or a private
number.
(1A) However, the special services number ‘0011800’ may
only be used as a prefix to a freephone subscriber number within the meaning of
ITU Recommendation E.169.
(2) When the special services number is used in that
way:
(a) it is an access code; and
(b) it may be used in conjunction with access
codes that are shared numbers.
(3) This section does not prevent a local number,
geographic number, international number or private number being used without
the relevant access code.
3.19 Carriage
service provider identification codes
(1) A special services
number in Part 3 of Schedule 4 is a carriage service provider
identification code that may be used as an access code for a call of a
kind:
(a) that:
(i) is listed in a determination in
force under subsection 349 (1) or (2) of the Act; or
(ii) uses services that the originating
carriage service provider, and other carriage service providers for the call,
agree are
pre‑selectable services or services for which override is available; and
(b) for which the number that follows the access
code is another number specified in this numbering plan.
(2) A carriage service
provider identification code:
(a) may be used:
(i) to identify a telecommunications
network, with or without the number for the call having been called; or
(ii) to interconnect routing of a call
between carriage service providers, with or without the number for the call
having been called; and
(b) may prefix:
(i) another number specified in this
numbering plan; or
(ii) an address digit for routing a
call across a point of interconnection.
(3) This section does not prevent another number being
used in connection with the supply of a selectable carriage service.
3.20 Virtual
private network access codes
(1) A special services number in Part 4 of
Schedule 4 is an access code that must not be used except as
a prefix to a local number, geographic number, international number, special
services number (other than an access code), internal number or private number.
(2) When the special services number is used in that
way, it may be used in conjunction with access codes that are shared numbers.
(3) An internal number must not be used without the
relevant access code.
(4) This section does not prevent a local number,
geographic number, international number, special services number or private
number being used without the relevant access code.
3.22 Incoming
only international access codes
(1) A special services number in Part 6 of
Schedule 4 is an access code that must not be used except as
a prefix to a local number, geographic number, special services number or
private number.
(2) This section does not prevent a local number,
geographic number, special services number or private number being used without
the relevant access code.
3.23 Miscellaneous
access codes
(1) A special services number in Part 7 of
Schedule 4 is an access code that must not be used except as
a prefix to a local number, geographic number, international number or special
services number.
(2) When the special services number is used in that
way, it may be used in conjunction with access codes that are shared numbers.
(3) This section does not prevent a local number,
geographic number, international number or special services number being used
without the relevant access code.
Part 3 Emergency service numbers
|
Information about emergency service numbers
This Part deals with the form of an emergency service
number.
Emergency service numbers are used in connection with
emergencies that are likely to require the assistance of an emergency service
organisation. Subsection 466 (1) of the Act describes the organisations
that are emergency service organisations.
|
3.24 Emergency
service numbers
For subsection 466 (2) of the Act, the
following numbers are emergency service numbers:
(a) the primary emergency service number is
‘000’;
(b) the secondary emergency service numbers are
‘106’ and ‘112’.
3.25 Using
emergency service numbers
No other number must be:
(a) used as an emergency service number; or
(b) accepted as an emergency service number by
the network on which a call to the number originates.
Note Section 265 of the Act requires the
ACA to make a determination for the provision of emergency call services having
regard to the objective that a carriage service provider who supplies a
standard telephone service should provide each end‑user of that standard
telephone service with access, free of charge, to an emergency call service,
unless the ACA considers that it would be unreasonable for such access to be
provided.
Part 4 Private numbers
3.26 Private
numbers
A private number is any number that
satisfies this Part.
3.27 Use
in private numbering schemes
The number must be:
(a) used in a private numbering scheme that uses
an escape code; or
(b) used in a private numbering scheme that does
not use an escape code.
3.28 Private
numbering scheme with escape code
(1) This section applies to a number used in a private
numbering scheme that uses an escape code.
(2) The number must not begin with the escape code,
unless the entire number is the escape code.
Note See the Dictionary for the meaning
of private numbering scheme.
3.29 Private
numbering scheme without an escape code — numbers starting with ‘0’ or ‘1’
(1) This section applies to a number:
(a) used in a private numbering scheme that does
not use an escape code; and
(b) starting with ‘0’ or ‘1’.
(2) The originating access carriage service provider for
a call to the number must not treat the call as a call to a special services
number.
3.30 Private
numbering scheme without an escape code — numbers starting with ‘2’ to ‘9’
(1) This section applies to
a number:
(a) used in a private numbering scheme that does
not use an escape code; and
(b) starting with ‘2’, ‘3’, ‘4’, ‘5’, ‘6’, ‘7’,
‘8’ or ‘9’.
(2) During the period starting on the commencing day and
ending on 8 November 1998, the number must not have more than 6 digits.
(3) At any time after 8 November 1998, the number must
not have more than 8 digits.
3.31 Exceptions to private numbering schemes
without an escape code
Sections 3.29 and
3.30 do not apply to a number issued to a customer if:
(a) the number was issued at the customer’s
request; and
(b) before the number was issued, the carriage
service provider holding the number told the customer, in writing, that use of
the number in a private numbering scheme would be likely to affect the ability
of end‑users in the scheme to use the number in connection with the
supply of other carriage services specified for the number in this plan; and
(c) the number is not an emergency service
number; and
(d) the number is not a special services number that
must, under this plan, be used in connection with supply of a calling number
display over‑ride service; and
Note See the Dictionary for the meaning
of calling number display over‑ride service.
(e) the number is not a
number that has been issued to an emergency service organisation.
Note All private numbers are shared
numbers used in connection with the supply of non‑selectable carriage
services, see subsection 3.17 (2).
Part 5 Freephone, local rate and premium rate numbers
Outline
of Part 5
Part 5 makes arrangements for the
allocation and management of freephone numbers, local rate numbers and
premium rate numbers.
The arrangements are intended to rely on
the automatic allocation of freephone numbers, local rate numbers and
premium rate numbers by the automatic and electronic
exchange of information, without the intervention of a human decision‑maker.
It is the ACA’s intention that the
allocation of freephone, local rate and premium rate numbers, the transfer of numbers and the surrender of numbers and
some related functions, such as the registration of carriage service providers,
will be carried out using the expertise of a specialist body other than the
ACA. However, the ACA intends to retain ultimate responsibility over its powers
and functions by delegating them only if the specialist body meets certain
prerequisites relating to its ability and conduct.
The administration of freephone
numbers, local rate numbers and premium rate numbers
will include the following elements:
· Certain freephone numbers, local rate numbers
and premium rate numbers will be available for
allocation (Divisions 2 and 3).
· A carriage service provider that wishes to be allocated
a number, or to transfer or quarantine the number, will need to be registered
(Division 4).
· A registered carriage service provider may have a
number allocated by reserving the number for a limited period, and for a
specific reason (Divisions 5 and 6).
· A registered carriage service provider may have a
number allocated without first reserving the number (Division 7).
· A registered carriage service provider may surrender a
number that has been allocated to it (Division 8).
· A number may be placed in quarantine for a period,
before being allocated (Division 9).
· A registered carriage service provider may transfer a
number that has been allocated to it (Division 10).
· A number may be withdrawn (Division 11).
Division 1 Introductory
3.32 Application of Part 5
(1) This Part applies to the
allocation and use of a freephone number, local rate number or a premium
rate number in connection with the supply of a
carriage service to the public.
(2) Despite subsection
(1), the following arrangements apply in the period starting on the
commencement of this Part and ending when the ACA makes the first declaration
under section 3.39:
(a) freephone numbers
and local rate numbers are to be allocated, issued and used, during the period,
in accordance with this Plan as it was in force immediately before the
commencement of this Part;
(b) the ACA may make
any of the arrangements required under this Part during the period (for
example, preparing the first declaration of numbers under Division 3 or
registering carriage service providers under Division 4);
(c) a carriage service
provider must comply with requirements of the ACA under this Part during that
period (for example, notifying the ACA of freephone numbers and local rate
numbers under Division 11).
Note Although this Part places freephone
numbers and local rate numbers under new administrative arrangements, the
arrangements cannot be used until the ACA has made the first declaration of
numbers under section 3.39.
Until that declaration is made, the
ACA’s intention is that freephone numbers and local rate numbers will be dealt
with under the arrangements that were in the Plan before this Part commenced.
When the declaration is made, all
freephone numbers and local rate numbers that are affected by the declaration
will be administered under this Part.
3.33 Delegation
(1) The ACA must not
delegate to a body corporate the ACA’s powers and functions in this Part
relating to the registration of carriage service providers unless:
(a) the ACA is
satisfied that the body will register providers only in accordance with rules
and arrangements approved by the ACA; and
(b) the body has
entered into a written agreement with the ACA relating to matters including:
(i) the
notification of the ACA about proposed changes to those approved rules and
arrangements; and
(ii) the
manner in which the body will perform the powers and functions.
(2) The ACA must not
delegate to a body corporate the ACA’s powers and functions under this Part
relating to the allocation of numbers unless:
(a) the ACA is
satisfied that the body will allocate the numbers using equipment and
technology that will ensure the efficient and accurate allocation of numbers;
and
(b) the ACA is
satisfied that the body will allocate the numbers only in accordance with rules
and arrangements approved by the ACA; and
(c) the body has
entered into a written agreement with the ACA relating to matters including:
(i) the
notification of the ACA about proposed changes to those approved rules and
arrangements; and
(ii) the
manner in which the body will perform the powers and functions.
Note Under section 467 of the Act, the ACA
may, by writing, delegate any or all of the powers conferred on the ACA by the
numbering plan to a body corporate.
Division 2 Information about freephone, local rate and premium rate
numbers
3.34 Outline of Schedule for freephone numbers
(1) A telephone number that is a freephone number is
identified in an item of Schedule 4A in the following way:
|
Column 1
|
Shows the number, or the first digits of the number (the prefix)
|
|
Column 2
|
Describes the structure for the number
|
|
Column 3
|
Explains whether an incoming call from outside Australia
may be routed to the number
|
(2) For subsection
455 (3) of the Act, a number that has the components in columns 1 and
2 of an item of Schedule 4A is a freephone number.
3.35 Outline of Schedule for local rate numbers
(1) A telephone number that is a local rate number is
identified in an item of Schedule 4B in the following way:
|
Column 1
|
Shows the number, or the first digits of the number (the prefix)
|
|
Column 2
|
Describes the structure for the number
|
|
Column 3
|
Describes any limits on the use of the number
|
|
Column 4
|
Explains whether an incoming call from outside Australia
may be routed to the number
|
(2) For subsection
455 (3) of the Act, a number that has the components in columns 1 and
2 of an item of Schedule 4B is a local rate number.
3.35A Outline
of Schedule for premium rate numbers
(1) A telephone number that is a premium rate number is
identified in an item of Schedule 4C in the following way:
|
Column 1
|
Shows the number, or the first digits of the number (the prefix)
|
|
Column 2
|
Describes the structure for the number and explains (in
italics) special arrangements (if any) for use of the number
|
|
Column 3
|
Explains whether an incoming call from outside Australia
may be routed to the number
|
(2) For subsection 455 (3) of the Act, a number
that has the components in columns 1 and 2 of an item of Schedule 4C is a
premium rate number.
3.36 Incoming
international access
(1) If an item of Schedule 4A or Schedule 4B has
‘No’ in the incoming international access column, a number identified in column
1 of the item must not be used in connection with the supply of a carriage
service that routes an incoming call from outside Australia to the number.
(2) If an item of Schedule 4A or Schedule 4B has
‘Yes’ in the incoming international access column, a number identified in
column 1 of the item may be used in connection with the supply of a carriage
service that routes an incoming call from outside Australia to the number.
(3) In this section:
incoming international access column means:
(a) for Schedule 4A — column 3; and
(b) for Schedule 4B — column 4.
3.37 Entitlement
of holder of freephone, local rate or premium rate number
(1) A carriage service provider that holds a freephone
number, local rate number or a premium rate number has:
(a) the exclusive
ability to make the first issue of the number to a customer; and
(b) the exclusive
ability to supply a service on that number; and
(c) the exclusive ability to enter into a
commercial relationship with another carriage service provider, governed by an
agreement, to supply a service on that number.
(2) For paragraph (1) (c), the carriage service
provider that holds the number is liable for:
(a) all charges imposed on the number under:
(i) the Telecommunications
(Numbering Charges) Act 1991; or
(ii) the Telecommunications
(Numbering Charges) Act 1997; or
(b) an amount of late payment penalty (within the
meaning of section 468 of the Act) imposed in relation to annual charge
(within the meaning of section 468 of the Act) payable by the carriage
service provider.
Note The Telecommunications (Annual
Numbering Charge — Late Payment Penalty) Determination 2000 provides
for late payment penalty under section 468 of the Act.
Division 3 Freephone, local rate and premium rate numbers that may be
allocated
3.38 Numbers that are available for allocation
(1) A freephone number is available for allocation if:
(a) the ACA has
declared, in writing, that the number is available; and
(b) the declaration is
in force in respect of the number.
(2) A local rate number
is available for allocation if:
(a) the ACA has
declared, in writing, that the number is available; and
(b) the declaration is
in force in respect of the number.
(3) A premium rate number is available for allocation
if:
(a) the ACA has declared, in writing, that the
number is available; and
(b) the declaration is in force in respect of the
number.
3.39 Declaration that number is available for allocation
(1) The ACA may, in writing,
declare that a freephone number, local rate number or a premium rate
number is available for allocation.
(2) A number that has already
been allocated may be included in a declaration.
Note The purpose of the declaration is to
identify as many numbers as possible that the ACA may allocate at any time in
the future.
It should not be assumed that the
inclusion in a declaration of a number that has already been allocated means
that the current arrangements for that number are being changed. A declaration
may include a number that has already been allocated because it is being
identified for a future allocation if the number is ever surrendered or
withdrawn.
(3) Before making the declaration, the ACA must consult
with:
(a) an advisory committee; and
(b) any carriage service provider that is likely
to be affected by the declaration.
(4) The declaration must
specify:
(a) its date and time
of effect; and
(b) the numbers or
class of numbers to which it applies.
(5) If the declaration is to
operate for a fixed period, it must also specify the period.
(6) The ACA may tell any
person whom it considers may have an interest in the declaration, about the
declaration.
(7) The ACA must:
(a) establish and
maintain a register of declarations made for available numbers; and
(b) make the register
available for public inspection.
3.40 Matters to consider in making declaration
(1) The ACA must ensure that a
declaration made under section 3.39 will promote the public interest in the
management and administration of numbers that are subject to the declaration.
(2) In deciding whether a
declaration will promote the public interest in the management and
administration of the numbers that are subject to the declaration, the ACA must
consider any matters it considers relevant.
Division 4 Registration
of carriage service providers
3.41 Registration is required before allocation,
surrender, release from quarantine
A carriage service provider must hold a current
registration given under this Division before the provider is entitled:
(a) to have a freephone
number, local rate number or a premium rate number
allocated to it; or
(b) to surrender a freephone
number, local rate number or a premium rate number;
or
(c) to apply for the
release of a quarantined number.
Note The carriage service provider must also
comply with other requirements in this Part.
3.42 Approval of
registration forms and arrangements
(1) The ACA must, in
writing, approve:
(a) the following
forms to be used for the purposes of an application for registration under this
Division:
(i) 1 or more
application forms;
(ii) 1 or
more forms of guarantee to be given by a bank; and
(b) the place or places
at which an application may be lodged.
(2) The ACA may, in writing,
approve arrangements for the ACA to offer an option for making applications for
registration by electronic means.
Note Registration will be carried out manually
after this Division commences, but the ACA may be able to offer an option of
electronic registration in the future.
3.43 Application for registration
(1) A carriage service
provider that wishes to be registered must apply to the ACA, using the
appropriate approved application form.
(2) The registered carriage
service provider must include, as part of the application, any form of
guarantee, to be given by a bank, that is required by the approved application
form.
(3) The application must be
lodged at an approved place.
3.44 Decision
on application for registration
(1) The ACA must, within 14
days after receiving the application, approve it or refuse it.
(2) The ACA must approve the application if the
carriage service provider:
(a) completes the
application form in accordance with the instructions in the form; and
(b) provides the
required form of guarantee (if any); and
(c) is able, at the
time of application, to participate in the electronic allocation procedures set
out in Divisions 5, 6 and 7 (whether or not the provider intends to participate
in the procedure at the time of the application); and
(d) has indicated that
it will continue to participate in the electronic allocation procedures set out
in Divisions 5, 6 and 7 at all times when the provider holds a freephone
number, local rate number or a premium rate number.
(3) If the ACA approves the application, the ACA must:
(a) register the
carriage service provider in a register established for the purposes of this
subsection; and
(b) assign to the
provider a unique form of identification.
Note The form of identification is likely to
be an alpha‑numeric code.
The carriage service provider will be
able to use the form of identification in the electronic allocation, surrender,
transfer and withdrawal procedures set out in this Part.
(4) The ACA must refuse the
application if the carriage service provider does not meet the requirements of
subsection (2).
(5) If the ACA refuses the
application, the ACA must notify the carriage service provider, as soon as
practicable, that the application has been refused.
3.45 Registered carriage service provider
A carriage service
provider that is registered under paragraph 3.44 (3) (a) is a registered
carriage service provider.
Division 5 Allocation by
reservation of number (withheld status)
3.46 Withheld status
(1) This Division empowers the
ACA to allocate a freephone number, local rate number or a premium rate
number by the reservation of the number, on
application by a registered carriage service provider, for a short period that
will give the provider time to allow a potential customer to consider the use
of the allocated number.
(2) This process is allocation
with withheld status.
3.47 Approval
of forms and arrangements: allocation with withheld status
(1) The ACA must, in writing, approve:
(a) 1 or more
application forms to be used for the purposes of making an application for the
allocation of a freephone number, local rate number or a premium rate
number with withheld status; and
(b) arrangements for
making applications for the allocation of the number by electronic means; and
(c) arrangements for
allocating the number by electronic means.
Note The ACA intends to consult with the
specialist body that will allocate freephone numbers, local rate numbers and
premium rate numbers to ensure that the forms and arrangements are suitable,
and as simple as practicable.
(2) The approved arrangements must include arrangements
for the ACA:
(a) to specify the
maximum number of numbers, or a proportion or quota of numbers, that may be
allocated with withheld status to a class of registered carriage service
providers; and
(b) to specify a
maximum period for which a number may be allocated with withheld status (the reservation
period); and
(c) to extend a
reservation period on application, and to specify a period of extension that
is to apply to all applications; and
(d) to give registered carriage service
providers written information about the effect of the approved arrangements,
including the ACA’s powers:
(i) to
specify reservation periods; and
(ii) to
withdraw a number that has been allocated by reservation at the end of a
reservation period unless the provider confirms the allocation.
(3) The approved arrangements must include arrangements
for the payment and collection of:
(a) the amount of
charge (if any) for the application fixed by a determination under section 53
of the Australian Communications Authority Act 1997; and
(b) the amount of
charge (if any) imposed on the allocation of the numbers by Part 2 of the Telecommunications
(Numbering Charges) Act 1997.
(4) The approved
arrangements must include arrangements that ensure that a carriage service
provider may not apply for the allocation of a number which was previously
allocated to it by reservation for a period (the specified period)
following:
(a) the end of the
reservation period; or
(b) the surrender of
the number by the carriage service provider before the end of the reservation
period for the number; or
(c) the withdrawal of
the number.
Note The prohibition in subsection (4) is intended to ensure
that other registered carriage service providers that may be seeking the
allocation of a particular number will not be prevented from obtaining the
number because the previous holder of the number is attempting to extend the
reservation indefinitely.
(5) The approved arrangements
must include arrangements for the ACA to specify, in writing, the period mentioned
in subsection (4).
(6) The approved
arrangements must include arrangements for the ACA to refuse an application for
the allocation of a particular number with withheld status, an application for
the extension of a reservation period, or the notification of the confirmation
of a reservation period, for any of the following reasons:
(a) the number is not
a freephone number, local rate number or a premium rate number;
(b) the number is not
included in a declaration that is in force under section 3.39;
(c) the number has
already been allocated at the time when the ACA considers the application;
(d) the number is a
quarantined number when the ACA considers the application;
(e) the application
was not made by a registered carriage service provider;
(f) the application
form does not include all of the information required to be given;
(g) the registered
carriage service provider has had a liability for payment of annual numbering
charge outstanding for more than 6 months before the date of the application or
the notification, and the ACA has not declared that the number may again be
allocated to the provider;
(h) the number
was previously allocated to the registered carriage service provider by
reservation, but:
(i) the
provider surrendered the number within the reservation period; and
(ii) the
specified period relevant to the reservation has not ended;
(i) the number
was previously allocated to the registered carriage service provider by
reservation, but:
(i) the
number was withdrawn by the ACA within the reservation period; and
(ii) the ACA
has not declared that the number may again be allocated to the provider;
(j) the ACA has
previously withdrawn the number from the registered carriage service provider
because the number was allocated, issued, transferred or used in a manner
inconsistent with this Plan, and the ACA has not declared that the number may
again be allocated to the provider;
(k) the ACA has
previously withdrawn the number from the registered carriage service provider
because the number was not placed in service for a particular period, and the
ACA has not declared that the number may again be allocated to the provider;
(l) the ACA has previously withdrawn the number
from the registered carriage service provider in compliance with an order made
by a court, and the ACA has not declared that the number may again be allocated
to the provider;
(m) in the case of an
application for the extension of a reservation period, the period has already
been extended once;
(n) the registered
carriage service provider has had a liability for payment of an amount
of late payment penalty (within the meaning of section 468 of the Act) outstanding for more than 6 months before the date of the
application or the notification.
Note The Telecommunications (Annual
Numbering Charge — Late Payment Penalty) Determination 2000 provides
for late payment penalty under section 468 of the Act.
(7) The approved arrangements
must include arrangements for the ACA to declare that a number may again be
allocated to a registered carriage service provider for the purposes of
paragraph (6) (g), (i), (j), (k) or (l).
Note The ACA wishes to make it clear that, if it withdraws a
number from a registered carriage service provider for punitive reasons, that
provider cannot re‑apply for allocation of the number without a
declaration by the ACA that the number may be allocated to the provider.
(8) The approved
arrangements must include arrangements:
(a) for a
registered carriage service provider:
(i) to
confirm the allocation of a number that has been reserved if the provider
wishes to do so; or
(ii) to
change the basis on which a number has been allocated, from allocation with
withheld status to allocation with reserved status, if the provider wishes to
do so; and
(b) for dealing with
the provider in the same way as an application for allocation of the number, or
with variations that reflect the provider’s requirements.
(9) The approved arrangements:
(a) are not limited to
the arrangements mentioned in subsections (2), (3), (4), (5), (7) and (8); but
(b) must not include a
reason for refusing an application that is not mentioned in subsection (6).
3.48 Electronic allocation procedure
(1) The electronic allocation procedure
for the allocation of a freephone number, local rate number or a premium
rate number with withheld status consists of:
(a) the arrangements
for making an application by electronic means that are approved under section
3.47; and
(b) the arrangements
for allocating the number by electronic means that are approved under section
3.47.
(2) The electronic allocation procedure may be
operated:
(a) by the ACA; or
(b) by a delegate of
the ACA; or
(c) by the ACA and a
delegate taking responsibility for different parts of the procedure.
3.49 Eligibility
After the ACA approves all of the arrangements
that create the electronic allocation procedure, a carriage service provider is
eligible to be allocated a freephone number, local rate number or a premium
rate number with withheld status only if:
(a) the provider is a
registered carriage service provider; and
(b) the provider makes
an application for allocation by the reservation of the number; and
(c) the application is
approved.
Note The ACA wishes to make it clear that
freephone numbers, local rate numbers and premium rate numbers will only be
allocated with withheld status to registered carriage service providers, and
only in accordance with the electronic allocation procedure in this Division.
There will be no ‘special’ or ‘over‑the‑counter’
allocations.
3.50 Entitlement to allocation with withheld status
A registered carriage
service provider may apply for the allocation of a freephone number,
local rate number or a premium rate number with
withheld status.
3.51 Application for allocation with withheld status
(1) A registered carriage
service provider must apply for the allocation using the approved application
form that is appropriate to the provider.
(2) The registered carriage
service provider must make the application in accordance with the electronic
allocation procedure.
3.52 Decision on application
(1) The decision that will be made in response to the
application will be made by:
(a) the automated
processing of the application in accordance with the electronic allocation
procedure; and
(b) an automated
response to the application in accordance with the electronic allocation
procedure.
(2) The application:
(a) is approved if it
is approved in accordance with the electronic allocation procedure; and
(b) is refused if it is
refused in accordance with the electronic allocation procedure.
(3) If the application is approved:
(a) a number will be
allocated to the registered carriage service provider with withheld status by
an automated response in accordance with the electronic allocation procedure;
and
(b) the
number is a reserved number.
3.53 Unit size
Freephone numbers,
local rate numbers and premium rate numbers will be
allocated with withheld status individually.
3.54 Extending reservation period
(1) Before the end of the
reservation period for a reserved number, the registered carriage service
provider that holds the reserved number may apply for the extension of the
reservation period.
(2) The registered carriage
service provider must make the application in accordance with the electronic
allocation procedure.
(3) The decision that will be made in response to the
application will be made by:
(a) the automated
processing of the application in accordance with the electronic allocation
procedure; and
(b) an automated
response to the application in accordance with the electronic allocation
procedure.
(4) The application:
(a) is approved if it
is approved in accordance with the electronic allocation procedure; and
(b) is refused if it is
refused in accordance with the electronic allocation procedure.
(5) If the application is
approved, the reservation period will be extended by an automated response in
accordance with the electronic allocation procedure.
(6) To avoid doubt, if the ACA
has specified a period of extension that is to apply to all applications, the
ACA has no discretion to accept or offer a different period.
3.55 Action during reservation period
A registered carriage service provider to which a
reserved number has been allocated with withheld status has 3 options in
relation to the number during the reservation period for the reserved number:
(a) the provider may
notify the ACA that the provider wishes to confirm the allocation; or
(b) the provider may
surrender the reserved number to the ACA; or
(c) if the provider
does not notify the ACA, and does not surrender the reserved number, the
reserved number is taken to have been withdrawn at the end of the reservation
period.
Note 1 The provider also has the
options mentioned in sections 3.54 and 3.57.
Note 2 The surrender of numbers is dealt with in
Division 8. The withdrawal of numbers is dealt with in Division 11.
3.56 Notification of confirmation of allocation
(1) If a registered carriage
service provider wishes to confirm the allocation of a reserved number, the
provider must notify the ACA in accordance with the electronic allocation
procedure.
(2) The response to the notification will be made by:
(a) the automated
processing of the notification in accordance with the electronic allocation
procedure; and
(b) an automated
response to the notification.
(3) The registered carriage
service provider will be notified of the decision by an automated response in
accordance with the electronic allocation procedure.
(4) If the notification is
approved, the reserved number will be allocated to the registered carriage
service provider by an automated response in accordance with the electronic
allocation procedure.
(5) The confirmation of the allocation is subject to
the following conditions:
(a) if the registered
carriage service provider’s intention, at the time of confirmation, is to issue
the reserved number to a customer, the provider must issue the reserved number
within 14 months after the day of the confirmation;
(b) if the registered
carriage service provider’s intention, at the time of confirmation, is not to
issue the reserved number to a customer, the provider must place the reserved
number in service within 5 days after the day of the confirmation.
Note The registered carriage service provider
may intend to use a reserved number itself, rather than issuing it to a
customer.
3.57 Notification of change of reservation
(1) If a registered carriage
service provider wishes to change the basis on which a reserved number has been
allocated, from allocation with withheld status to allocation with reserved
status, the provider must notify the ACA in accordance with the electronic
allocation procedure.
Note It is not possible to convert the basis on which a reserved
number has been allocated, from allocation with reserved status to allocation
with withheld status.
(2) The response to the notification will be made by:
(a) the automated
processing of the notification in accordance with the electronic allocation
procedure; and
(b) an automated
response to the notification.
(3) The registered carriage
service provider will be notified of the decision by an automated response in
accordance with the electronic allocation procedure.
(4) If the notification is
approved, the basis on which the reserved number was allocated will be changed
by an automated response in accordance with the electronic allocation
procedure.
Division 6 Allocation by
reservation of number (reserved status)
3.58 Reserved status
(1) This Division empowers the
ACA to allocate a freephone number, local rate number or a premium rate
number by the reservation of the number, on
application by a registered carriage service provider, for a period that will
give the registered carriage service provider time to establish a service in
connection with the allocated number for itself or a contracted customer.
(2) This process is allocation
with reserved status.
3.59 Approval of forms and arrangements: allocation with
reserved status
(1) The ACA must, in writing, approve:
(a) 1 or more
application forms to be used for the purposes of making an application for the
allocation of a freephone number, local rate number or a premium rate
number with reserved status; and
(b) arrangements for
making applications for the allocation of the number by electronic means; and
(c) arrangements for
allocating the number by electronic means.
Note The ACA intends to consult with the
specialist body that will allocate freephone numbers, local rate numbers
and premium rate numbers to ensure that the forms and
arrangements are suitable, and as simple as practicable.
(2) The approved arrangements must include arrangements
for the ACA:
(a) to specify the
maximum number of numbers, or a proportion or quota of numbers, that may be
allocated with reserved status to a class of registered carriage service
providers; and
(b) to specify a
maximum period for which a number may be allocated with reserved status (the reservation
period); and
(c) to extend a
reservation period on application, and to specify a period of extension that
is to apply to all applications; and
(d) to treat an
application as being an application for the allocation of the number with
withheld status if the registered carriage service provider wishes to change
the application in that way; and
(e) to give registered carriage service
providers written information about the effect of the approved arrangements,
including the ACA’s powers:
(i) to
specify reservation periods; and
(ii) to
withdraw a number that has been allocated by reservation at the end of a
reservation period unless the provider confirms the allocation.
(3) The approved arrangements must include arrangements
for the payment and collection of:
(a) the amount of
charge (if any) for the application fixed by a determination under section 53
of the Australian Communications Authority Act 1997; and
(b) the amount of
charge (if any) imposed on the allocation of the numbers by Part 2 of the Telecommunications
(Numbering Charges) Act 1997.
(4) The approved arrangements must include arrangements
that ensure that a carriage service provider may not apply for the allocation
of a number which was previously allocated to it by reservation for a period
(the specified period) following:
(a) the end of the
reservation period; or
(b) the surrender of
the number by the carriage service provider before the end of the reservation
period for the number; or
(c) the withdrawal of
the number.
Note The prohibition in subsection (4) is intended to ensure
that other registered carriage service providers that may be seeking the allocation
of a particular number will not be prevented from obtaining the number because
the previous holder of the number is attempting to extend the reservation
indefinitely.
(5) The approved arrangements
must include arrangements for the ACA to specify, in writing, the period
mentioned in subsection (4).
(6) The approved
arrangements must include arrangements for the ACA to refuse an application for
the allocation of a particular number with reserved status, an application for
the extension of a reservation period, or the notification of the confirmation
of a reservation period, for any of the following reasons:
(a) the number is not
a freephone number, local rate number or a premium rate number;
(b) the number is not
included in a declaration that is in force under section 3.39;
(c) the
number has already been allocated at the time when the ACA considers the
application;
(d) the number is a
quarantined number when the ACA considers the application;
(e) the application
was not made by a registered carriage service provider;
(f) the application
form does not include all of the information required to be given;
(g) the registered
carriage service provider has had a liability for payment of annual numbering
charge outstanding for more than 6 months before the date of the application or
the notification, and the ACA has not declared that the number may again be
allocated to the provider;
(h) the number was previously allocated to the
registered carriage service provider by reservation, but:
(i) the provider
surrendered the number within the reservation period; and
(ii) the
specified period relevant to the reservation has not ended;
(i) the number was previously allocated to the
registered carriage service provider by reservation, but:
(i) the
number was withdrawn by the ACA within the reservation period; and
(ii) the ACA
has not declared that the number may again be allocated to the provider;
(j) the ACA has
previously withdrawn the number from the registered carriage service provider
because the number was allocated, issued, transferred or used in a manner
inconsistent with this Plan, and the ACA has not declared that the number may
again be allocated to the provider;
(k) the ACA has
previously withdrawn the number from the registered carriage service provider
because the number was not placed in service for a particular period, and the
ACA has not declared that the number may again be allocated to the provider;
(l) the ACA has
previously withdrawn the number from the registered carriage service provider
in compliance with an order made by a court, and the ACA has not declared that
the number may again be allocated to the provider;
(m) in the case of an
application for the extension of a reservation period, the period has already
been extended once;
(n) the registered
carriage service provider has had a liability for payment of an amount
of late payment penalty (within the meaning of section 468 of the Act) outstanding for more than 6 months before the date of the
application or the notification.
Note The Telecommunications (Annual
Numbering Charge — Late Payment Penalty) Determination 2000 provides
for late payment penalty under section 468 of the Act.
(7) The
approved arrangements must include arrangements for the ACA to declare that a
number may again be allocated to a registered carriage service provider for the
purposes of paragraph (6) (g), (i), (j), (k) or (l).
Note The ACA wishes to make it clear that, if it withdraws a
number from a registered carriage service provider for punitive reasons, that
provider cannot re‑apply for allocation of the number without a
declaration by the ACA that the number may be allocated to the provider.
(8) The approved arrangements must include
arrangements:
(a) for a registered
carriage service provider to confirm the allocation of a number that has been
reserved if the provider wishes to do so; and
(b) for dealing with
that application in the same way as an application for allocation of the
number, or with variations that reflect the requirements of confirmation.
(9) The approved arrangements:
(a) are not limited to
the arrangements mentioned in subsections (2), (3), (4), (5), (7) and (8); but
(b) must not include a
reason for refusing an application that is not mentioned in subsection (6).
3.60 Electronic allocation procedure
(1) The electronic allocation procedure
for the allocation of a freephone number, local rate number or a premium
rate number with reserved status consists of:
(a) the arrangements
for making an application by electronic means that are approved under section
3.59; and
(b) the arrangements
for allocating the number by electronic means that are approved under section
3.59.
(2) The electronic allocation procedure may be
operated:
(a) by the ACA; or
(b) by a delegate of
the ACA; or
(c) by the ACA and a
delegate taking responsibility for different parts of the procedure.
3.61 Eligibility
After the ACA approves all of the arrangements
that create the electronic allocation procedure, a carriage service provider is
eligible to be allocated a freephone number, local rate number or a premium
rate number with reserved status only if:
(a) the provider is a
registered carriage service provider; and
(b) the provider makes
an application for allocation by the reservation of the number; and
(c) the application is
approved.
Note The ACA wishes to make it clear that freephone
numbers, local rate numbers and premium rate numbers
will only be allocated with reserved status to registered carriage service
providers, and only in accordance with the electronic allocation procedure in
this Division.
There will be no ‘special’ or ‘over‑the‑counter’
allocations.
3.62 Entitlement to allocation with reserved status
A registered carriage
service provider may apply for the allocation of a freephone number,
local rate number or a premium rate number with
reserved status.
3.63 Application for allocation with reserved status
(1) A registered carriage
service provider must apply for the allocation using the approved application
form that is appropriate to the provider.
(2) The registered carriage
service provider must make the application in accordance with the electronic
allocation procedure.
3.64 Decision on application
(1) The decision that will be made in response to the
application will be made by:
(a) the automated
processing of the application in accordance with the electronic allocation
procedure; and
(b) an automated
response to the application in accordance with the electronic allocation
procedure.
(2) The application:
(a) is approved if it
is approved in accordance with the electronic allocation procedure; and
(b) is refused if it is
refused in accordance with the electronic allocation procedure.
(3) If the application is approved:
(a) a number will be
allocated to the registered carriage service provider with reserved status by
an automated response in accordance with the electronic allocation procedure;
and
(b) the number is a reserved
number.
3.65 Unit size
Freephone numbers,
local rate numbers and premium rate numbers will be
allocated with reserved status individually.
3.66 Extending reservation period
(1) Before the end of the
reservation period for a reserved number, the registered carriage service
provider that holds the reserved number may apply for the extension of the
reservation period.
(2) The registered carriage
service provider must make the application in accordance with the electronic
allocation procedure.
(3) The decision that will be made in response to the
application will be made by:
(a) the automated
processing of the application in accordance with the electronic allocation
procedure; and
(b) an automated
response to the application in accordance with the electronic allocation
procedure.
(4) The application:
(a) is approved if it
is approved in accordance with the electronic allocation procedure; and
(b) is refused if it is
refused in accordance with the electronic allocation procedure.
(5) If the application is
approved, the reservation period will be extended by an automated response in
accordance with the electronic allocation procedure.
(6) To avoid doubt, if the ACA
has specified a period of extension that is to apply to all applications, the
ACA has no discretion to accept or offer a different period.
3.67 Action during reservation period
A registered carriage service provider to which a
reserved number has been allocated with reserved status has 3 main options in
relation to the number during the reservation period for the reserved number:
(a) the provider may
notify the ACA that the provider wishes to confirm the allocation; or
(b) the provider may
surrender the reserved number to the ACA; or
(c) if the provider
does not notify the ACA, and does not surrender the reserved number, the
reserved number is taken to have been withdrawn at the end of the reservation
period.
Note 1 The provider also has the
option mentioned in section 3.66.
Note 2 The surrender of numbers is dealt with in
Division 8. The withdrawal of numbers is dealt with in Division 11.
3.68 Notification of confirmation of allocation
(1) If a registered carriage
service provider wishes to confirm the allocation of a reserved number, the
provider must notify the ACA in accordance with the electronic allocation
procedure.
(2) The response to the notification will be made by:
(a) the automated
processing of the notification in accordance with the electronic allocation
procedure; and
(b) an automated
response to the notification.
(3) The registered carriage
service provider will be notified of the decision by an automated response in
accordance with the electronic allocation procedure.
(4) If the notification is
approved, the reserved number will be allocated to the registered carriage
service provider by an automated response in accordance with the electronic
allocation procedure.
(5) The confirmation of the allocation is subject to
the following conditions:
(a) if the registered
carriage service provider’s intention, at the time of confirmation, is to issue
the reserved number to a customer, the provider must issue the number to a
customer, and place the number in service, within 5 days after the day of the
confirmation;
(b) if the registered
carriage service provider’s intention, at the time of confirmation, is not to
issue the reserved number to a customer, the provider must place the number in
service within 5 days after the day of the confirmation.
Note The registered carriage service provider
may intend to use a reserved number itself, rather than issuing it to a
customer.
Division 7 Allocation
without reservation of number
3.69 Approval of forms and arrangements: allocation
without reservation of number
(1) The ACA must, in writing, approve:
(a) 1 or more
electronic application forms to be used for the purposes of making an
application for the allocation of a freephone number, local rate number
or a premium rate number without the reservation of
the number; and
(b) arrangements for
making applications for the allocation of the number by electronic means; and
(c) arrangements for
allocating the number by electronic means.
Note The ACA intends to consult with the
specialist body that will allocate freephone numbers, local rate numbers
and premium rate numbers to ensure that the forms and
arrangements are suitable, and as simple as practicable.
(2) The approved arrangements
must include arrangements for the ACA to tell a registered carriage service
provider, in writing, about the effect of the arrangements approved for the
purposes of this section.
(3) The approved arrangements must include arrangements
for the payment and collection of:
(a) the amount of
charge (if any) for the application fixed by a determination under section 53
of the Australian Communications Authority Act 1997; and
(b) the amount of
charge (if any) imposed on the allocation of the numbers by Part 2 of the Telecommunications
(Numbering Charges) Act 1997.
(4) The approved
arrangements must include arrangements for the ACA to refuse an application for
the allocation of a particular number for any of the following reasons:
(a) the number is not
a freephone number, local rate number or a premium rate number;
(b) the number is not
included in a declaration that is in force under section 3.39;
(c) the number has
already been allocated at the time when the ACA considers the application;
(d) the number is a
quarantined number when the ACA considers the application;
(e) the application
was not made by a registered carriage service provider;
(f) the application
form does not include all of the information required to be given;
(g) the registered
carriage service provider has had a liability for payment of annual numbering
charge outstanding for more than 6 months before the date of the application,
and the ACA has not declared that the number may again be allocated to the
provider;
(h) the number was previously allocated to the
registered carriage service provider by reservation, but:
(i) the
provider surrendered the number within the reservation period; and
(ii) the
specified period relevant to the reservation has not ended;
(i) the number was previously allocated to the
registered carriage service provider by reservation, but:
(i) the
number was withdrawn by the ACA within the reservation period; and
(ii) the ACA
has not declared that the number may again be allocated to the provider;
(j) the
ACA has previously withdrawn the number from the registered carriage service
provider because the number was allocated, issued, transferred or used in a
manner inconsistent with this Plan, and the ACA has not declared that the
number may again be allocated to the provider;
(k) the ACA has
previously withdrawn the number from the registered carriage service provider
because the number was not placed in service for a particular period, and the
ACA has not declared that the number may again be allocated to the provider;
(l) the ACA has
previously withdrawn the number from the registered carriage service provider
in compliance with an order made by a court, and the ACA has not declared that
the number may again be allocated to the provider;
(m) the registered
carriage service provider has had a liability for payment of an amount
of late payment penalty (within the meaning of section 468 of the Act) outstanding for more than 6 months before the date of the
application.
Note The Telecommunications (Annual
Numbering Charge — Late Payment Penalty) Determination 2000 provides
for late payment penalty under section 468 of the Act.
(5) The approved arrangements
must include arrangements for the ACA to declare that a number may again be
allocated to a registered carriage service provider for the purposes of
paragraph (4) (g), (i), (j), (k) or (l).
Note The ACA wishes to make it clear that if it withdraws a
number from a registered carriage service provider for punitive reasons, that
provider cannot re‑apply for allocation of the number without a
declaration by the ACA that the number may be allocated to the provider.
(6) The approved arrangements:
(a) are not limited to
the arrangements mentioned in subsections (2), (3) and (5); but
(b) must not include a
reason for refusing an application that is not mentioned in subsection (4).
3.70 Electronic allocation procedure
(1) The electronic allocation procedure
for the allocation of a freephone number, local rate number or a premium
rate number without the reservation of the number, consists of:
(a) the arrangements
for making an application by electronic means that are approved under section
3.69; and
(b) the arrangements
for allocating the number by electronic means that are approved under section
3.69.
(2) The electronic allocation procedure may be
operated:
(a) by the ACA; or
(b) by a delegate of
the ACA; or
(c) by the ACA and a
delegate taking responsibility for different parts of the procedure.
3.71 Eligibility
After the ACA approves all of the arrangements that
create the electronic allocation procedure, a carriage service provider is
eligible to be allocated a freephone number, local rate number or a premium
rate number (other than a number with withheld status or reserved status) only
if:
(a) the provider is a
registered carriage service provider; and
(b) the provider makes
an application for allocation without the reservation of the number; and
(c) the application is
approved.
Note The ACA wishes to make it clear that freephone
numbers, local rate numbers and premium rate numbers
will only be allocated, without reservation of the number, to registered
carriage service providers, and only in accordance with the electronic
allocation procedure in this Division.
There will be no ‘special’ or ‘over‑the‑counter’
allocations.
3.72 Entitlement to allocation without reservation of
number
A registered carriage
service provider may apply for the allocation of a freephone number,
local rate number or a premium rate number without
requiring the number to be reserved.
3.73 Application for allocation without reservation of
number
(1) A registered carriage
service provider must apply for the allocation using the approved application
form that is appropriate to the provider.
(2) The registered carriage
service provider must make the application in accordance with the electronic
allocation procedure.
3.74 Decision on application
(1) The decision that will be made in response to the
application will be made by:
(a) the automated
processing of the application in accordance with the electronic allocation
procedure; and
(b) an automated
response to the application in accordance with the electronic allocation
procedure.
(2) The application:
(a) is approved if it
is approved in accordance with the electronic allocation procedure; and
(b) is refused if it is
refused in accordance with the electronic allocation procedure.
(3) If the application is
approved, a number will be allocated to the registered carriage service
provider by an automated response in accordance with the electronic allocation
procedure.
(4) The allocation is subject to the following
conditions:
(a) if the registered
carriage service provider’s intention, at the time of allocation, is to issue
the number to a customer, the provider must issue the number to a customer, and
place the number in service, within 5 days after the day of the allocation;
(b) if the registered
carriage service provider’s intention, at the time of allocation, is not to
issue the number to a customer, the provider must place the number in service
within 5 days after the day of the allocation.
Note The registered carriage service provider
may intend to use an allocated number itself, rather than issuing it to a
customer.
3.75 Unit size
Freephone numbers,
local rate numbers and premium rate numbers will be
allocated individually.
Division 7A Allocation by
auction
3.75A Allocation by auction
(1) This Division empowers the ACA to allocate a
freephone number or a local rate number to the successful applicant determined
by the auction system set out in the Auction Determination or the Charities
Determination.
(2) This process is allocation by auction.
3.75B Definitions for Division 7A
In this Division:
active service, for a number, means that a carriage service is being
provided using the number.
auction‑declared quarantine, for a number, means quarantined under this
Division.
Auction Determination means the Telecommunications
(Freephone and Local Rate Numbers) Allocation Determination 2003 made under
section 463 of the Telecommunications Act 1997, or a subsequent
determination made under that section that determines a system for allocating
freephone and local rate numbers (other than a Charities Determination).
Charities Determination means the Telecommunications
(Freephone and Local Rate Numbers ‑ Charities) Allocation Determination
2003 made under section 463 of the Telecommunications Act 1997, or a
subsequent determination made under that section that determines a system for
allocating freephone and local rate numbers exclusively for use by charities.
eligible amount means the eligible amount within the meaning of section 4.1
of the Auction Determination or the Charities Determination, as the case
requires.
number means a freephone number or a local rate number allocated
under this Division.
rights of use means the enhanced rights set out in section 3.75E.
ROU‑holder means the holder of the rights of use for a number.
successful bidder has the same meaning as in the Auction Determination or
the Charities Determination, as the case requires.
trade, for rights of use to a number, means assign or otherwise
deal with the rights of use attached to the number.
working day means a day that is not a Saturday, a Sunday or a day that
is a public holiday in Victoria.
3.75C Application of the other provisions of this Plan
(1) This Division makes particular provision about
freephone and local rate numbers allocated under this Division as the result of
an auction held under the Auction Determination or the Charities Determination.
(2) Where this Division does not make provision about a
freephone or local rate number allocated under this Division, the parts of this
Plan that make other provisions about freephone or local rate numbers apply to
a freephone or local rate number allocated under this Division in the same way
as they apply to a freephone or local rate number allocated under Division 5, 6
or 7 of this Part.
3.75D Declaration
(1) A declaration under section 3.39 that a freephone
number or a local rate number is available for allocation may state that the
number is to be allocated by auction.
(2) The declaration may include a number that has
already been declared under that section.
(3) A declaration under section 3.39 that a number is
available for allocation may state that a number that has been declared as
being available for allocation by auction is instead to be allocated
administratively under Division 5, 6 or 7 of this Part.
Note A number that has been declared as
being available for allocation by auction
may also be allocated administratively for a specified period for an emergency;
see section 3.75T.
3.75E Entitlements after auction
(1) After the successful bidder for a number at an
auction has paid the eligible amount to the ACA under the Auction Determination
or the Charities Determination, the ACA must allocate the number to the
carriage service provider that was the joint applicant for that number with the
successful bidder.
Note Only a registered carriage service provider can be a joint
applicant with a customer. See section 2.3 of the Auction Determination and
section 2.3 of the Charities Determination. For registration of carriage
service providers, see Chapter 3, Division 4 of this Plan.
(2) On payment of the eligible amount, the successful
bidder becomes the ROU‑holder.
(3) The following enhanced rights of use for a number
are conferred on the ROU‑holder:
(a) the right to trade the rights of use, as set
out in section 3.75J; and
(b) the right to ask the carriage service
provider to surrender the number, as set out in section 3.75K; and
(c) the right to give up all rights in relation
to the number; and
(d) except as set out in section 3.75P, the right
to have no active service in place for the number; and
(e) the right to ask a registered carriage
service provider to retrieve the number, if it has been surrendered and has
become an auction‑declared quarantined number, as set out in section
3.75S; and
(f) the right to disconnection of an active
service on the number at any time.
(4) The right to disconnection of an active service does
not affect the validity of any agreement for the delivery of services between
the party to whom the services are provided and the carriage service provider.
(5) The carriage service provider need not act on a
request by a person purporting to be the ROU‑holder unless the carriage
service provider is satisfied that the person who made the request is the
current ROU‑holder.
3.75F Allocation
(1) The ACA must in writing approve arrangements for
allocating the number by electronic means (the electronic allocation
procedure).
(2) The ACA must allocate the number using the
electronic allocation procedure. However, the ACA may allocate the number by
other means if it is not practicable to use electronic means.
(3) The number must be
allocated as soon as practicable after the eligible amount has been paid to the
ACA as required by section 1.8 of the Auction Determination or section 1.9 of
the Charities Determination, as the case requires.
(4) Each number must be allocated individually.
3.75G Issue
The carriage service provider must issue the number
to the ROU‑holder as soon as practicable after:
(a)the
number has been allocated to the carriage service provider; and
(b) the carriage service
provider and the ROU‑holder have agreed about the delivery of services
for the number.
Note For numbers allocated via an auction
process, the ROU are conferred by the ACA on the successful bidder at auction
once the eligible amount has been paid. The number is then allocated by the
ACA to the carriage service provider. The carriage service provider then
issues the number to the ROU‑holder.
3.75H Register
(1) The ACA will establish a Register of numbers and ROU‑holders.
(2) The Register is to contain the following
information:
(a) the number; and
(b) the name of the ROU‑holder for the
number; and
(c) if the ROU‑holder agrees, his or her
address, telephone and fax numbers and email address.
(3) A ROU‑holder must update the Register, using
the form made available by the ACA, with any change in his or her address,
telephone and fax numbers or email address which are contained in the
Register.
(4) A person who becomes a ROU‑holder as the
result of a trade must update the Register, using the form made available by
the ACA, with his or her name and, if the ROU‑holder agrees, his or her
address, telephone and fax numbers and email address.
(5) The ACA must make the Register available to the
public.
(6) The Register may be in electronic form.
(7) The ACA may correct any error or omission in the
Register information about a ROU‑holder.
3.75J Trading
the rights of use and licensing a number
(1) The ROU‑holder may trade all his or her rights
of use. However, this does not entitle the ROU‑holder to trade only some
of the rights of use.
Note The surrender and quarantine of the
number does not prevent the ROU‑holder from trading the number.
(2) The ROU‑holder for a number may license
another person to have an active service on the number.
Note A carriage service provider must not
hinder the porting of a number — see section 11.9.
(3) If the ROU‑holder is a charity that obtained
the rights of use for a number under the Charities Determination, the charity
may only trade the rights of use, or license the number, to an eligible charity
to whom the number is a strategic FLRN within the meaning of the Charities
Determination.
(4) Trading of the rights of use:
(a) must be in writing, using the form made
available by the ACA; and
(b) must include the number to which the rights
of use relate, the names of the parties and the date; and
(c) must be signed by the parties; and
(d) for a number obtained under the Charities
Determination, must include a written statement by the body to which the rights
of use are to be traded that:
(i) the body is an eligible charity within
the meaning of the Charities Determination; and
(ii) the number is a strategic FLRN for
the body within the meaning of the Charities Determination.
Note A
person who becomes the ROU‑holder as the result of a trade must ensure
that the Register contains accurate information – Section 3.75H.
(5) The carriage
service provider to which the number is allocated must not do anything to
hinder the trading of the rights of use or licensing the number.
(6) A ROU‑holder
may not trade his or her rights of use to provide security for a loan.
3.75K Surrender
of number ‑ general
(1) A number may only be surrendered by a registered
carriage service provider.
(2) A number may only be surrendered if there is no
active service in place on the number.
(3) Surrender may be initiated by the ROU‑holder
or the carriage service provider.
(4) On receiving a request to surrender from the ROU‑holder,
the carriage service provider must surrender the number within 5 working days,
using the electronic surrender procedure in Division 8.
Note The ROU‑holder retains the
rights to trade the number and to ask a carriage service provider to retrieve
the number; see section 3.75E.
(5) A number must be surrendered individually.
(6) After a number is surrendered:
(a) it is no longer allocated and becomes an
auction‑declared quarantined number; and
(b) it may be released from auction‑declared
quarantine, as set out in section 3.75S; and
(c) if it is not released, it remains in auction‑declared
quarantine for 3 years.
3.75L Surrender
where rights of use waived
(1) This section applies where a number is surrendered
by the carriage service provider and the ROU‑holder for the number has
notified the ACA that the ROU‑holder no longer wants the rights of use
for the number.
(2) The number:
(a) is no longer allocated and becomes an
auction‑declared quarantined number; and
(b) may be released from auction‑declared
quarantine as set out in section 3.75R.
3.75M Withdrawal
of number
(1) The ACA may withdraw a number from a carriage service
provider, as set out in section 3.95, 3.96 and 3.97.
Note Sections 3.95, 3.96 and 3.97 deal
with withdrawal for use inconsistent with this Plan (section 3.95), for non‑payment
of the annual numbering charge (section 3.96), and to comply with a court order
(section 3.97).
(2) Subject to any court order as mentioned in section
3.97, the ACA must give the carriage service provider notice in writing, at
least 21 days before withdrawing the number (the notice period):
(a) that the ACA proposes to withdraw the
number; and
(b) the reason for the withdrawal; and
(c) that the carriage service provider must tell
the ROU‑holder for the number, within 5 working days of receiving the ACA
notice:
(i) that the number is to be
withdrawn; and
(ii) that the ROU‑holder may port
the number, as set out in Chapter 11; and
(iii) the consequences of not porting
the number.
(3) If the ROU‑holder ports the number within the
notice period, the ACA will not withdraw the number.
(4) If the ROU‑holder does not port the number
within the notice period:
(a) the ACA will withdraw the number; and
(b) the number is no longer allocated and becomes
an auction‑declared quarantined number; and
(c) the number may be released from auction‑declared
quarantine as set out in section 3.75S.
3.75N Cancellation
of rights of use – false statement
(1) This section applies if the ROU‑holder was the
joint applicant for the number and is found to have made in the application a
false statement within the meaning of subsection 136(1) of the Criminal Code
Act 1995.
(2) The ACA must:
(a) cancel the rights of use; and
(b) withdraw the number from the carriage service
provider.
(3) The number:
(a) becomes an auction‑declared
quarantined number; and
(b) may be released from auction‑declared
quarantine as set out in section 3.75R.
3.75P Cancellation
of rights of use – no active service
(1) The ACA must cancel the rights of use for a number
if there has been no active service on the number for a continuous period of 3
years.
(2) If the number was not an auction declared‑quarantine
number immediately before the cancellation, the number becomes an auction‑declared
quarantine number.
(3) The number may be released from auction‑declared
quarantine as set out in section 3.75R.
3.75Q Cancellation
of rights of use – charity’s excess number
(1) This section applies if the ROU‑holder is an
eligible charity that has held the ROU for an excess number for longer than 12
months.
Note The effect of this section is that
an eligible charity may not hold more than one of each type of number (i.e. 13,
1300 and 1800 numbers) for longer than 12 months.
(2) For subsection (1), an eligible charity holds an
excess number if it holds:
(a) two or more 6‑digit numbers commencing
with the prefix 13; or
(b) two or more 10‑digit numbers commencing
with the prefix 1300; or
(c) two or more 10‑digit numbers
commencing with the prefix 1800.
(3) This section applies:
(a) only to a number that was allocated under
the Charities Determination; and
(b) whether the eligible charity obtained the
number under the Charities Determination or holds the number because of a
trade.
(4) The ACA must:
(a) notify the eligible charity that its rights
of use for an excess number will be cancelled in 30 days; and
(b) ask it to:
(i) choose the number it wants to
keep; and
(ii) tell the ACA within 28 days of the
notice which number it does not want.
(5) The ACA will cancel the rights of use to the number
the eligible charity does not want.
(6) If the eligible charity does not tell the ACA within
28 days which number it does not want, the ACA will cancel the rights of use to
the number that was first issued to the charity.
(7) If the number is allocated to a carriage service
provider, the ACA will withdraw the number.
(8) A number cancelled under this section:
(a) is no longer allocated; and
(b) becomes an auction‑declared quarantine
number; and
(c) may be released from auction‑declared
quarantine as set out in section 3.75R.
(9) A ROU‑holder that is an eligible charity is
also liable to have its rights of use cancelled as set out in sections 3.75N
and 3.75P.
3.75R Release
from auction‑declared quarantine
(1) A number remains in auction‑declared
quarantine for 3 years, unless it is released as set out in this section.
(2) If the rights of use have been cancelled under
section 3.75P, the ACA will as soon as practicable make the number again
available for allocation by auction.
(3) In any other case, the ACA will again make the
number available for allocation by auction after the end of the 3 year
quarantine period.
(4) However, before the end of the 3 year quarantine
period a person may in writing ask the ACA to release an auction‑declared
quarantined number and make it available for allocation.
(5) After the ACA receives the request, the ACA must
release the number and make it available for allocation by auction.
(6) This section does not apply to a number surrendered
under section 3.75K or withdrawn under section 3.75M.
Note Section 3.75S applies to a number
surrendered under section 3.75K or withdrawn under section 3.75M as there is
still a ROU‑holder for the number.
3.75S Release
of number to ROU‑holder
(1) The ROU‑holder for a number surrendered under
section 3.75K or withdrawn under section 3.75M may ask any registered carriage
service provider in writing to retrieve the number from auction‑declared
quarantine.
(2) The carriage service provider may ask the ACA to
release the number and allocate it to the carriage service provider.
(3) The ACA must then:
(a) release the number from auction‑declared
quarantine; and
(b) allocate the number to the carriage service
provider.
(4) The carriage service provider must then issue the
number to the ROU‑holder as soon as practicable after:
(a) the number has been allocated to the carriage
service provider; and
(b) the carriage service provider and the ROU‑holder
have agreed about the delivery of services for the number.
(5) In spite of subsection (3), if the number was
withdrawn, the carriage service provider from whom the number was withdrawn is
not entitled to be allocated the number for a period of 90 days after the
number was withdrawn.
3.75T Emergency
allocation
(1) The Chair of the ACA may in writing determine that a
number that has been declared under section 3.39 as available for allocation by
auction may instead be allocated under this section.
(2) The Chair may only make the determination if:
(a) the number is needed as the result of an
emergency situation; and
(b) a registered carriage service provider has
applied in writing for allocation of the number; and
(c) the number is to be allocated for a limited
period (the allocation period).
(3) The determination must state:
(a) the allocation period; and
(b) the conditions of the allocation.
(4) At the end of the allocation period, the number:
(a) is no longer allocated; and
(b) becomes an auction‑declared quarantine
number; and
(c) may be released from auction‑declared
quarantine as set out in section 3.75R.
(5) The Chair may again determine that the number is to
be allocated under this section.
Division 8 Surrender of
numbers
3.76 Approval of forms and arrangements: surrender of
number
(1) The ACA must, in writing, approve:
(a) 1 or more
electronic application forms to be used for the purposes of making an application
to surrender a freephone number, local rate number or a premium rate
number; and
(b) arrangements for
making applications for surrender by electronic means; and
(c) arrangements for
surrendering the number by electronic means.
Note The ACA intends to consult with the specialist body that
will accept the surrender of freephone numbers, local rate numbers and
premium rate numbers to ensure that the forms and
arrangements are suitable, and as simple as practicable.
(2) The approved arrangements
must include arrangements for the ACA to tell a registered carriage service
provider, in writing, about the effect of the arrangements approved for the
purposes of this section.
(3) The approved
arrangements must include arrangements for the payment and collection of:
(a) the amount of
charge (if any) for the application fixed by a determination under section 53
of the Australian Communications Authority Act 1997; and
(b) the amount of
charge (if any) imposed on the allocation of the numbers by Part 2 of the Telecommunications
(Numbering Charges) Act 1997.
(4) The approved
arrangements must include arrangements for the ACA to refuse an application to
surrender a particular number for any of the following reasons:
(a) the registered
carriage service provider that made the application is not the provider for
which there is an allocation of the number in force;
(b) the number is not a
freephone number, local rate number or a premium rate number;
(c) the number is not
included in a declaration that is in force under section 3.39;
(d) the application
form does not include all of the information required to be given.
(5) The approved arrangements:
(a) are not limited to
the arrangements mentioned in subsections (2) and (3); but
(b) must not include a
reason for refusing an application that is not mentioned in subsection (4).
3.77 Electronic surrender procedure
(1) The electronic surrender procedure
for the surrender of a freephone number, local rate number or a premium
rate number consists of:
(a) the arrangements
for making an application by electronic means that are approved under section
3.76; and
(b) the arrangements
for surrendering the number by electronic means that are approved under section
3.76.
(2) The electronic surrender procedure may be operated:
(a) by the ACA; or
(b) by a delegate of
the ACA; or
(c) by the ACA and a
delegate taking responsibility for different parts of the procedure.
3.78 Eligibility
After the ACA approves all of the arrangements
that create the electronic surrender procedure, a carriage service provider is
eligible to surrender a freephone number, local rate number or a premium rate
number only if:
(a) the provider is a
registered carriage service provider; and
(b) the provider makes
an application to surrender the number; and
(c) the application is
approved.
3.79 Entitlement to surrender number
A registered carriage
service provider may apply to surrender a freephone number, local rate
number or a premium rate number.
3.80 Application for surrender of number
(1) A registered carriage
service provider must apply for the surrender using the approved application
form that is appropriate to the provider.
(2) The registered carriage
service provider must make the application in accordance with the electronic
surrender procedure.
3.81 Decision on application
(1) The decision that will be made in response to the
application will be made by:
(a) the automated
processing of the application in accordance with the electronic surrender
procedure; and
(b) an automated
response to the application in accordance with the electronic surrender
procedure.
Note The ACA expects that applications for surrender will be
finalised under the electronic surrender procedure within 24 hours after the
receipt of the application.
(2) The application:
(a) is approved if it
is approved in accordance with the electronic surrender procedure; and
(b) is refused if it is
refused in accordance with the electronic surrender procedure.
(3) If the application is
approved, the number will be surrendered in accordance with the electronic
surrender procedure.
3.82 Unit size
Freephone numbers,
local rate numbers and premium rate numbers must be
surrendered individually.
Division 9 Quarantine of surrendered numbers
Outline
of Division 9
A freephone number, local rate
number or a premium rate number that is held by the
ACA may be withheld from allocation for a period, particularly during a period
after the number has been surrendered to the ACA or withdrawn by the ACA. This
is known as quarantining.
A number may be quarantined for various
reasons:
·
the number may have experienced
nuisance calls;
·
the immediate re‑allocation of a
number that is commonly associated with a particular previous user may
inconvenience a new user;
·
the number may have been surrendered
for a short period for technical reasons, and it would be appropriate to re‑allocate
the number to the same user when the user is ready to take back the number.
It can be expected, under normal
circumstances, that a quarantine period will be between 6 and 12 months.
This Division is intended to ensure
that:
·
a number is not available for
allocation while it is quarantined; but
·
a number can be released from
quarantine, within the quarantine period if necessary, so that the registered
carriage service provider to which it is to be allocated can issue it to the
customer who last held the number.
The quarantine arrangements will rely on
the automatic quarantining of numbers by the automated exchange of information,
without the intervention of a human decision‑maker.
Applications for the release of a number
from quarantine will be considered by a human decision‑maker.
3.83 Quarantining of number
(1) This section applies
if the ACA is satisfied, at any time, that a freephone number, local rate
number or a premium rate number:
(a) is included in a
declaration that is in force under section 3.39; but
(b) should not be
allocated at that time because of:
(i) concerns
about the personal safety of users of the number; or
(ii) concerns
about the convenience of users of the number; or
(iii) the
need for the efficient use of numbers.
Examples
1 The number
has been used for nuisance calls.
2 The number
has a level of association with a particular user that may inconvenience a new
user.
3 The
number has been surrendered to the ACA in circumstances where:
· the ACA expects that the number will
be re‑allocated, and re‑issued, to the same user; and
· it is
appropriate to place the number in quarantine to ensure that it can be re‑issued
to the user.
(2) The ACA may declare, in
writing, that the number is not to be allocated for the period specified in the
declaration.
Note The length of a quarantine period in a
particular case will depend on the circumstances of that case. The ACA expects,
but does not guarantee, that a quarantine period will be between 6 and 12
months.
(3) If the ACA makes a declaration under subsection
(2):
(a) the number is a quarantined
number during the specified period; and
(b) the number is not
to be allocated during the specified period.
(4) The ACA may, at any time,
revoke a declaration.
(5) If the ACA revokes a
declaration, the quarantined number ceases to be a quarantined number with
effect from the date of the revocation.
3.84 Approval of forms and arrangements:
releasing quarantined number
(1) The ACA must, in
writing, approve:
(a) 1 or more
application forms to be used for the purposes of making an application for the
release of a quarantined number from quarantine; and
(b) the place or places
at which an application may be lodged; and
(c) arrangements for
the ACA to tell a registered carriage service provider, in writing, about the
effect of the arrangements in force under this Division; and
(d) arrangements for
the release of a quarantined number from quarantine after an application for
release has been approved.
(2) An approved
application form must require a registered carriage service provider to provide
a statutory declaration to the effect that:
(a) the provider was
the last provider to which the number had been allocated before it was
quarantined; and
(b) a customer named in
the statutory declaration was the last customer to which the number had been
issued before it was quarantined.
Note Release from quarantine is a process that
is separate from the termination of a quarantine period as described in section
3.86.
(3) The arrangements for
the release of a quarantined number from quarantine may be operated:
(a) by the ACA; or
(b) by a delegate of
the ACA; or
(c) by the ACA and a
delegate taking responsibility for different parts of the procedure.
3.85 Eligibility
After the ACA approves all of the forms and
arrangements mentioned in section 3.84, a carriage service provider is eligible
to have a freephone number, local rate number or a premium rate number released
from quarantine only if:
(a) the provider is a
registered carriage service provider; and
(b) the provider:
(i) was the
last provider to which the quarantined number had been allocated before it was
quarantined; and
(ii) intends
to issue the quarantined number to the customer who was the last customer to
which the number had been issued before it was quarantined; and
(c) the provider makes
an application for allocation without the reservation of the number; and
(d) the application is
approved.
Note The ACA wishes to make it clear that freephone
numbers, local rate numbers and premium rate numbers
will only be released from quarantine in accordance with the procedure in this
Division.
There will be no ‘special’ arrangements
for release of numbers.
3.86 Application for release of quarantined number
(1) A registered carriage
service provider must apply for the release of a quarantined number using the
approved application form that is appropriate to the provider.
(2) The registered carriage
service provider must lodge the application at an approved place.
(3) The registered carriage
service provider must include with the application the amount of charge (if
any) for the application fixed by a determination under section 53 of the Australian
Communications Authority Act 1997.
3.87 Decision on application
(1) The ACA must consider an
application, and approve it or refuse it, within 14 days after receiving the
application.
(2) The ACA may refuse the application only for any of
the following reasons:
(a) the number is not
a freephone number, local rate number or a premium rate number;
(b) the number is not
included in a declaration in force under section 3.39;
(c) the number is not
a quarantined number;
(d) the application was
not made by a registered carriage service provider;
(e) the registered
carriage service provider that made the application was not the last registered
carriage service provider to which the number had been allocated before it was
quarantined;
(f) the customer named
in the statutory declaration was not the last holder of the number before it
was quarantined;
Note Although the number is included in a
declaration, it is not available for allocation while it is a quarantined
number: see section 3.83.
(g) the application form:
(i) does not
include all of the information required to be given; or
(ii) was not
lodged at an approved place;
(h) the arrangements
for the payment of the application fee are not satisfactory;
(i) the registered
carriage service provider has had a liability for payment of annual numbering
charge outstanding for more than 6 months before the date of the application;
(j) the ACA has
previously withdrawn the number from the registered carriage service provider
because the number was allocated, issued, transferred or used in a manner
inconsistent with this Plan, and the ACA has not declared that the number may
again be allocated to the provider;
(k) the ACA has
previously withdrawn the number from the registered carriage service provider
because the number was not placed in service for a particular period, and the
ACA has not declared that the number may again be allocated to the provider;
(l) the ACA has
previously withdrawn the number from the registered carriage service provider
in compliance with an order made by a court, and the ACA has not declared that
the number may again be allocated to the provider;
(m) the registered
carriage service provider has had a liability for payment of an amount
of late payment penalty (within the meaning of section 468 of the Act) outstanding for more than 6 months before the date of the
application.
Note 1 The Telecommunications
(Annual Numbering Charge — Late Payment Penalty) Determination 2000
provides for late payment penalty under section 468 of the Act.
Note 2 A refusal of an application is reviewable by the
Administrative Appeals Tribunal: see Schedule 11.
(3) The ACA may declare that a
number may again be allocated to a registered carriage service provider for the
purposes of paragraph (2) (j), (k) or (l).
(4) If the application is
refused, the ACA must notify the registered carriage service provider of the
decision as soon as practicable after refusing the application.
(5) The ACA must approve the
application if subsection (2) does not apply.
(6) If the application is approved, the number will be
released from quarantine:
(a) in accordance with
the approved procedure; and
(b) to
allow the registered carriage service provider that made the application to
issue the quarantined number to the customer who was the last customer to which
the number had been issued before it was quarantined.
(7) The release from
quarantine is subject to the condition that the provider must issue the number
to the customer as soon as practicable after the day of the release.
3.88 Unit size
Freephone numbers,
local rate numbers and premium rate numbers must be
released from quarantine individually.
Division 10 Transfer of
numbers
3.89 Transfer of number
(1) A freephone number,
local rate number or a premium rate number that has
been allocated may be transferred.
(2) However, the registered
carriage service provider to which it is proposed to transfer a number must
agree to the transfer.
3.90 Unit size
Freephone numbers,
local rate numbers and premium rate numbers must be
transferred individually.
Division 11 Withdrawal of
numbers
Outline of Division 11
When Part 5 commences, certain freephone
numbers and local rate numbers will have been allocated to carriage service
providers, without being issued or placed in service.
It is in the interests of the efficient
use of numbers that the ACA has as many numbers as practicable under its
control that it can allocate, if necessary, after it starts to make
declarations under section 3.39.
This Division is intended to ensure
that:
·
a freephone number or a local rate
number that has not been issued or placed in service is taken to be withdrawn
from the date of effect of a declaration, made by the ACA under section 3.39,
that applies to the number; and
·
carriage service providers are required
to advise the ACA of the freephone numbers, local rate numbers and
premium rate numbers that have not been issued or
placed in service.
3.91 Telling the ACA whether numbers have been placed in
service
(1) After the making of a
declaration under section 3.39, and not later than 7 days before the
declaration is to take effect, a carriage service provider that holds a
freephone number or a local rate number that is to be included in the
declaration must notify the ACA whether the number has been placed in service
(including use by the carriage service provider itself).
(2) If
the carriage service provider notifies the ACA that the provider has issued the
number to a customer, the provider must notify the ACA, not later than 2 days
before the day when the declaration takes effect, whether the customer has
terminated the service for the number in the period between the notifications.
(3) If the carriage service
provider notifies the ACA that the number has not been placed in service
(including use by the provider itself), the provider must notify the ACA, not
later than 2 days before the day when the declaration takes effect, whether the
number has been placed in service in the period between the notifications.
(4) On the day before
the declaration takes effect, the ACA must not deal with a notification.
Note The day immediately before the day when a
declaration takes effect will be used by the ACA to complete data transfers and
to ensure that notifications are processed efficiently.
(5) The carriage service provider must notify the ACA:
(a) in a form approved
in writing by the ACA; and
(b) at a place approved
in writing by the ACA.
Note The ACA will make arrangements to ensure
that providers are given adequate notice of the date when a declaration under
section 3.39 will take effect, so that providers have sufficient time to comply
with this section.
3.92 Withdrawal of numbers that have not been placed in
service before first declaration under section 3.39
(1) This section applies to a freephone number or a local
rate number that:
(a) has been allocated
to a carriage service provider; and
(b) is not in service
(including use by the carriage service provider itself), immediately before the
making of the first declaration under section 3.39.
(2) The number is withdrawn
when that declaration takes effect.
(3) Subsection (2) applies to
numbers that have been allocated to a carriage service provider whether or not
the provider has complied with section 3.91.
3.93 Withdrawal of number by ACA: number not in service
after first declaration under section 3.39
(1) This section applies
if:
(a) the ACA allocates
a freephone number, local rate number or a premium rate number after the ACA makes its first declaration under section
3.39; and
(b) the number has not
been placed in service (including use by a carriage service provider itself)
within the appropriate period.
(2) This section also applies:
(a) if the ACA
allocates a freephone number, local rate number or a premium rate number after the ACA makes its first declaration under
section 3.39; and
(b) if:
(i) the
service that was supplied in connection with the number has ceased; and
(ii) the
number has not been surrendered to the ACA within the appropriate period.
(3) The ACA may decide to
withdraw the number.
Note 1 It is in the interests of a registered
carriage service provider to place a number in service as soon as possible
after allocation (unless the number has withheld or reserved status) and to
surrender a number as soon as possible after a service ceases.
Note 2 A decision to withdraw a number is reviewable by the
Administrative Appeals Tribunal: see Schedule 11.
3.94 Automatic
withdrawal of reserved number: end of reservation period
(1) This section applies
if:
(a) the ACA allocates
a freephone number, local rate number or a premium rate number as a reserved number; and
(b) the registered
carriage service provider has not confirmed the allocation of the number before
the end of the reservation period.
(2) The number is withdrawn at
the end of the reservation period for the number.
3.95 Withdrawal of number by ACA: inconsistency with
Plan
(1) This section applies if a freephone
number, local rate number or a premium rate number
was allocated, issued, transferred or used in a way inconsistent with this
Plan.
(2) The ACA may decide to
withdraw the number.
(3) However,
the ACA must not withdraw the number unless it is satisfied that the benefits,
or problems to be avoided, for end‑users and carriage service providers
by withdrawal are more significant than the technical and financial
consequences of withdrawal for end‑users and carriage service providers.
Note A decision to withdraw a number is reviewable by the
Administrative Appeals Tribunal: see Schedule 11.
3.96 Withdrawal of number by ACA: non‑payment of
annual numbering charge
(1) This section applies if:
(a) charge is
payable for a freephone number, local rate number or a premium rate number
under:
(i) the Telecommunications
(Numbering Charges) Act 1991; or
(ii) the Telecommunications
(Numbering Charges) Act 1997; and
(b) the charge has been
unpaid for at least 6 months after its due date.
(2) The ACA may decide to
withdraw the number.
(3) However, the ACA must
not withdraw the number unless it is satisfied that:
(a) the registered carriage
service provider that holds the number is aware of the liability; and
(b) the withdrawal of
the number will produce no significant adverse consequences for end‑users.
Note A decision to withdraw a number is reviewable by the
Administrative Appeals Tribunal: see Schedule 11.
3.97 Withdrawal of number by ACA: court order
(1) This section applies if a
court has made an order requiring a freephone number, local rate number
or a premium rate number to be withdrawn from a
registered carriage service provider.
Example
A court order made in the course
of ordering that the number be allocated to another registered carriage service
provider.
(2) The ACA must withdraw the
number as soon as practicable.
3.98 Unit size
Freephone numbers,
local rate numbers and premium rate numbers will be
withdrawn individually.
Division 12 Information about freephone, local rate and premium rate
numbers
3.99 Notification of changes in names etc
(1) This section applies to a
registered carriage service provider to which a freephone number, local
rate number or a premium rate number is allocated.
(2) While the registered carriage service provider
holds the number, it must notify the ACA as soon as practicable of changes to
any of the following:
(a) its name;
(b) its trading or
registered business name (if any);
(c) its Australian
Company Number or Australian Registered Business Number (if applicable);
(d) the address of its
registered office;
(e) if the provider is
a partnership, the full name and residential address of a partner;
(f) if the provider is
an individual, the provider’s residential address;
(g) its facsimile
number.
3.100 Updating Register of Allocated Numbers
(1) The ACA must update the
Register maintained under section 465 of the Act, to reflect the allocation,
surrender or withdrawal of a freephone number, local rate number or a
premium rate number.
(2) The ACA may update the
Register maintained under section 465 of the Act, if that is the appropriate
way to reflect the transfer of a freephone number, local rate number or
a premium rate number.
Note It can be expected that the ACA will
update the Register to take account of the transfer of a number. However,
transfer arrangements may be acknowledged and recorded in a way that makes it
unnecessary to update the Register.
Division 13 Transitional
3.101 Numbers recovered by carriage service providers
before commencement of Part 5
(1) This section applies to a freephone number or a
local rate number (a recovered number) if:
(a) before the
commencement of this Part, a carriage service provider recovered the number
from a customer because of nuisance calls; and
(b) immediately before
the commencement of this Part, the provider was not permitted to issue the
number to another customer because of subsection 10.12 (2) of this Plan.
(2) This section also applies to a freephone number or
a local rate number (a recovered number) if:
(a) before the
commencement of this Part, a carriage service provider recovered the number
from a customer for a reason other than nuisance calls; and
(b) immediately before
the commencement of this Part, the provider was not permitted to issue the
number to another customer because of subsection 10.12 (3) of this Plan.
(3) If the ACA includes the recovered number in a
declaration of numbers under section 3.39:
(a) subsection
10.12 (2) or (3) ceases to apply to the recovered number; and
(b) the recovered
number is taken to be a quarantined number for the remainder of the period for
which the provider would not have been permitted to issue the number because of
subsection 10.12 (2) or (3).
(4) The recovered number is taken to be a quarantined
number even though:
(a) the ACA does not
hold the number on the commencement of this Part; and
(b) the ACA has not
made a declaration of the number under subsection 3.83 (2).
(5) The carriage service provider that holds a
recovered number that is to be included in a declaration under section 3.39
must notify the ACA, not later than 7 days before the declaration takes effect:
(a) of the existence
of the number; and
(b) when the period for
which the provider is not permitted to issue the number will end.
(6) If the carriage service
provider notifies the ACA that the provider has issued the number to a
customer, the provider must notify the ACA, not later than 2 days before the
day when the declaration takes effect, whether the customer has terminated the
service for the number in the period between the notifications.
(7) If the carriage service
provider notifies the ACA that the number has not been placed in service
(including use by the provider itself), the provider must notify the ACA, not
later than 2 days before the day when the declaration takes effect, whether the
number has been placed in service in the period between the notifications.
(8) On the day before
the declaration takes effect, the ACA must not deal with a notification.
Note The day immediately before the day when a
declaration takes effect will be used by the ACA to complete data transfers and
to ensure that notifications are processed efficiently.
(9) The carriage service provider must notify the ACA:
(a) in
a form approved in writing by the ACA; and
(b) at a place approved
in writing by the ACA.
Note The ACA will make arrangements to ensure
that providers are given adequate notice of the date when a declaration under
section 3.39 will take effect, so that providers have sufficient time to comply
with this section.
3.102 Numbers reserved
before commencement of Part 5
(1) This section applies
to a freephone number or a local rate number if:
(a) before the
commencement of this Part, the ACA allocated the number to a carriage service
provider; and
(b) the number was
allocated in anticipation of being issued to a customer who had not confirmed a
request to be issued with the number; and
(c) before the
commencement of this Part, a period was fixed in which the customer’s request
was to be confirmed or cancelled; and
(d) immediately
before the commencement of this Part:
(i) the
provider had not yet issued the number to the customer; and
(ii) the
request was still in force.
(2) When the ACA approves
arrangements under Division 6 for allocation of numbers by reservation, the
number is taken to be allocated with reserved status for the remainder of the
period mentioned in paragraph (1) (c).
(3) The number is taken to be allocated with reserved
status even though:
(a) the carriage
service provider may not be registered when the ACA approves the arrangements;
and
(b) the carriage
service provider has not applied for the allocation under Division 6.
(4) The carriage service provider that holds the number
must, not later than 7 days before the ACA approves arrangements under
Division 6, notify the ACA of:
(a) the existence of
the number; and
(b) the length of the
remaining period in which the customer’s request is to be confirmed or
cancelled.
(5) If the carriage service
provider notifies the ACA that the provider has issued the number to the
customer, the provider must notify the ACA, not later than 2 days before the day
when the ACA approves the arrangements, whether the customer has terminated the
service for the number in the period between the notifications.
(6) If the carriage service
provider notifies the ACA that the number has not been placed in service
(including use by the provider itself), the provider must notify the ACA, not
later than 2 days before the day when the ACA approves the arrangements,
whether the number has been placed in service in the period between the
notifications.
(7) On the day before
the declaration takes effect, the ACA must not deal with a notification.
Note The day immediately before the day when a
declaration takes effect will be used by the ACA to complete data transfers and
to ensure that notifications are processed efficiently.
(8) The carriage service provider must notify the ACA:
(a) in a form approved
in writing by the ACA; and
(b) at a place approved
in writing by the ACA.
Note The ACA will make arrangements to ensure
that providers are given adequate notice of the date when the ACA will approve
arrangements under Division 6, so that providers have sufficient time to comply
with this section.
Chapter 4 Data numbers
|
Information about data numbers
Chapter 4 and Schedule 5 explain:
·
the different forms of data numbers available for use in
connection with the supply of data network services
·
how they may be used
·
the components of data numbers.
A number in one of those forms is recognised as a data
number. A number not in any of those forms is not recognised as a data number,
and cannot be used successfully as a data number.
The arrangements for data numbers are as consistent as
practicable with the international numbering plan described in International
Telecommunication Union Recommendation X.121.
|
4.1 Outline
of Schedule for data numbers
Part 1 of Schedule 5 sets out the form of data
number components.
4.2 Application
of Chapter 4
This Chapter does not apply to the use of a number
in a private numbering scheme.
4.3 Data
numbers
(1) A number with the components in Part 1 of
Schedule 5 is a data number.
(2) A number with the components, other than a
geographic routing code, is a data number.
(3) A network terminal number, used on its own, is a data
number only if:
(a) it is used
solely in the data network uniquely identified by the data network
identification code corresponding to the network terminal number; and
(b) it is not preceded by an address format
prefix.
(4) A private network terminal number, used on its own,
is a data number only if:
(a) it is used solely in the data network
uniquely identified by the combination of the data network identification code,
and the private network identification code corresponding to that private
network terminal number; and
(b) it is not preceded by an address format prefix.
(5) An escape code is a data number.
4.4 Use
of data numbers
A data number must be used in connection with the
supply of a carriage service:
(a) that allows the number to be transmitted by
a terminal, for addressing purposes, to the data network to which the terminal
is connected; and
(b) that is a data service having a data terminal
address other than a telephone or telex number.
4.5 Using
data network identification codes
A data network identification code may be used as a
prefix for a collection of private network identification codes.
Chapter 5 Telex numbers
|
Information about telex numbers
Chapter 5 explains the form of a telex number.
Schedule 6 lists:
·
telex numbers and their structures
·
the carriage services in connection with which telex numbers
may be used, or the geographic areas in which they may be used.
A number in the correct form is recognised as a telex
number. A number not in that form is not recognised as a telex number, and
cannot be used successfully as a telex number.
The arrangements for telex numbers are as consistent as
practicable with International Telecommunication Union Recommendation F.69, International
Telex Numbering.
|
5.1 Outline
of schedule for telex numbers
The type of number that is a telex number is
identified in items of Parts 1 and 2 of Schedule 6 in the following way:
|
Column 1
|
Shows the number, or the first digits of the number (the
prefix)
|
|
Column 2
|
Part 1 describes the carriage service to which the
prefix relates
Part 2 describes the area in which a call to the number
will terminate
|
|
Column 3
|
Describes the structure of the number
|
5.2 Application
of Chapter 5
This Chapter does not apply to the use of a number
in a private numbering scheme.
5.3 Telex
numbers
A number with the components in columns 1 and 3 of
an item of Schedule 6 is a telex number.
5.4 Using
telex numbers
(1) A telex number must be used in connection with the
supply of a carriage service that allows a person to send a message using telex
equipment.
(2) A telex number in Part 1 of Schedule 6 must
also be used in connection with the supply of the type of carriage service
mentioned for the number in column 2 of the Part.
(3) A telex number in Part 2 of Schedule 6 must
also be used in connection with the supply of a carriage service that
terminates a call, made in Australia to the number, at a location in a charging
area mentioned for the number in column 2 of the Part.
Chapter 5A International
signalling point codes (ISPCs)
Outline of Chapter 5A
Chapter 5A identifies
international signalling point codes (ISPCs) and makes arrangements for their
allocation and use.
ISPCs are used by signalling
point operators in the international signalling network to route signalling
messages. They enable the signalling point operator to identify network
switches and signalling points in the network.
ISPCs are assigned to
signalling point operators in Australia by the ACA, as the designated
administrator in Australia for the International Telecommunication Union.
Part 1 International signalling point codes and signalling area
network codes
5A.1 International
signalling point code
(1) An international signalling point code
is a 5‑digit number that is used by a network operator to identify a
particular signalling point for the purpose of routing a signalling message.
(2) An international signalling point code has 3
components:
(a) the first digit is a number between 0 and 7
(inclusive); and
(b) the combination of the second, third and
fourth digits is a number between 000 and 255 (inclusive); and
(c) the fifth digit is a number between 0 and 7
(inclusive).
5A.2 Signalling
area network code
The first 4 digits of an international signalling
point code are the signalling area network code (or SANC).
Note 1 The ITU allocates signalling
area network codes to the ACA, as the ACA is the designated administrator in
Australia for the ITU in accordance with ITU‑T Recommendation Q.708 (also
known as Assignment Procedures for International Signalling Point Codes).
Note 2 The fifth digit of an
international signalling point code is also known as a Signalling Point
Identification. The ACA determines this digit.
Part 2 Allocation of international signalling point codes after
Chapter 5A commences
Division 1 Introductory
5A.3 Application
of Part 2
This Part sets out the procedure for the allocation
of an international signalling point code after the commencement of this
Chapter.
Note Part 3 deals with the status of
allocations that were made before this Chapter commences.
5A.4 Principles
for allocation of international signalling point codes
(1) The ACA will allocate international signalling point
codes on application by signalling point operators.
(2) If a signalling point operator applies for the
allocation of an international signalling point code, the ACA must:
(a) comply with this Chapter; and
(b) have regard to the rules and procedures set
out in ITU‑T Recommendation Q.708 (also known as Assignment Procedures
for International Signalling Point Codes).
Division 2 Application for allocation
5A.5 Entitlement
to apply
(1) A signalling point operator may apply in writing to
the ACA for the allocation of an international signalling point code to the
signalling point operator.
(2) The signalling point operator may apply for
allocation of the international signalling point code:
(a) to use the code; or
(b) to test the use of the code during a period
specified by the ACA.
5A.6 How
applications are to be made
(1) An application for the allocation of an
international signalling point code must include as much of the following
information as is applicable to the applicant:
(a) if the applicant is an individual — his
or her name;
(b) if the applicant is a corporation — as
many of the following as the signalling point operator is required by law to
have:
(i) its ACN;
(ii) its ARBN;
(iii) its ABN;
(c) the trading name or registered business name
(if any) of the applicant;
(d) if the applicant is an individual or
partnership — the applicant’s residential address, postal address and fax
number (if any);
(e) if the applicant is a corporation — the
address of its registered office;
(f) the address of the principal place at which
the applicant’s business is conducted;
(g) the name and telephone number, and the
facsimile number and e‑mail address (if any), of another person through
whom the applicant may be contacted;
(h) if the applicant is an individual — the
signature of the applicant;
(i) if the applicant is not an
individual — the name and signature of an individual authorised by the
applicant to make the application on its behalf;
(j) a name for the signalling point, or test
network, to which the application relates that is not the same as the name of
any other signalling point, or test network, in respect of which an
international signalling point code is allocated to the applicant;
(k) if the network is a packet switched
network — the primary address of the signalling point;
(l) if the network is not a packet switched
network — the address of the signalling point;
(m) if the international signalling point code
is not to be used in a test network — information demonstrating that the
signalling point (the first point) for which the international
signalling point code is to be allocated:
(i) has an effective signalling
relationship (a message transfer part) with at least 1 other
signalling point that will allow a message to be transferred from the first
point to the other signalling point, using a message transfer part; or
(ii) will, as soon as practicable, have
an effective signalling relationship of that kind with at least 1 other
signalling point;
(n) if the international signalling point code
is allocated to the applicant — the date on which the code will commence
service;
(o) if the international signalling point code is
to be used by the applicant to test the use of the code — a date (not
later than 12 months after the date on which the application is made) on which
the applicant will cease to use the code;
(p) if the international signalling point code is
allocated to the applicant — the functions for which the code will be
used.
Note The only functions for which an
international signalling point code may be used are as a signalling transfer
point, signalling end point, signalling connection control part relay,
international switching centre, gateway mobile switching centre and location
register.
(2) An application must be accompanied by the charge (if
any) imposed on the application by section 53 of the Australian
Communications Authority Act 1997.
(3) An application must be
sent to the ACMA in a way specified by the ACMA.
5A.7 Acknowledgment
of applications
The ACA must, not later than 5 working days after
receiving an application, acknowledge to the applicant in writing that it has
received the application.
Division 3 Decisions on application for allocation
5A.8 Criteria
for decisions about applications
(1) The ACA must consider applications in the order in
which they are made.
(2) The ACA must not approve an application if the
application does not relate to an international signalling point code for a
particular signalling point in Australia.
(3) The ACA must not approve an application unless:
(a) the international signalling point code has
been assigned to Australia by the ITU; or
(b) the international signalling point code:
(i) has been
derived from a signalling area network code assigned by the ITU to another
country; and
(ii) has been
approved, on application by the ACA, by the Director of the Telecommunication
Standardization Bureau of the ITU for allocation by the ACA.
(4) The ACA must not allocate more than 1 international
signalling point code for each signalling point.
(5) However, if the same signalling point is part of
more than 1 signalling network in Australia:
(a) subsection (4) does not apply; and
(b) the ACA may allocate as many international
signalling point codes for that signalling point as there are signalling
networks, with each international signalling point code to be used in a
specified signalling network.
(6) The ACA must refuse an application for allocation
of an international signalling point code if it reasonably considers that:
(a) the international signalling point code to
which the application relates:
(i) does not identify a unique
signalling point; or
(ii) will not commence service within
12 months after the day on which the application was made; or
(iii) will not be used consistently
with the function or functions for the code stated in the application; or
(b) the signalling point (the first point)
for which the international signalling point code is to be allocated:
(i) does not have an effective
signalling relationship with at least 1 other signalling point that will allow
a message to be transferred from the first point to the other signalling point,
using a message transfer part; or
(ii) will not, as soon as practicable,
have an effective signalling relationship of that kind with at least 1 other
signalling point.
(7) The ACA must approve an application if none of
subsections (2), (3), (4) and (6) applies.
5A.9 Decisions
on application
(1) The ACA must make a decision to approve or refuse an
application not later than 65 working days after the day on which it received
the application.
(2) However, the ACA may, by written notice given to an
applicant, require the applicant to give to the ACA any additional information
that the ACA needs to consider the application properly.
(3) The 65 working day period does not include a day on
which the ACA is waiting for the applicant to comply with a notice.
5A.10 When
decision takes effect
A decision under subsection 5A.9 (1) to
approve or refuse an application takes effect when it is made.
5A.11 Notice
of allocation of international signalling point codes
(1) The ACA must, not later than 5 working days after
the day on which a decision was made under subsection 5A.9 (1), give
written notice to the applicant of the decision.
(2) A decision to refuse an application must be
accompanied by the reasons for the refusal.
Note A decision to refuse an application
is reviewable: see Schedule 11.
(3) If
the ACA approves an application for allocation of an international signalling
point code to test the use of the code, the ACA must specify in the decision a
period, ending not later than 12 months after the date on which the application
is made, during which the applicant may use the code.
Part 3 Allocation
of international signalling point codes before Chapter 5A commences
5A.12 Application
of Part 3
This Part applies to an international signalling
point code that was allocated before the commencement of this Chapter.
Note Part 2 deals with allocations after
this Chapter commences.
5A.13 International
signalling point codes allocated before commencement of Part 3
(1) The international signalling point code is taken to
have been allocated by the ACA under Division 3 of Part 2 on the day on which
this Chapter commences.
(2) The signalling point operator to which the
international signalling point code was allocated is taken to have complied
with the requirements that apply to an applicant under Division 2 of Part 2.
Part 4 Conditions
of allocation of international signalling point codes
5A.14 Conditions
of allocation
(1) If the ACA approves an application for allocation
of an international signalling point code for a purpose other than to test the
use of the code, a signalling point operator must:
(a) use the international signalling point code
only for the signalling point for which the code was allocated; and
(b) use the international signalling point code
only for the function or functions specified in the application; and
(c) place the code in service not later than:
(i) 12 months after the date on which
the application for allocation of the code was made by the operator; or
(ii) if the period is extended under
section 5A.15 — the end of the extended period.
Note The functions for which an
international signalling point code may be used are able to be altered in
accordance with section 5A.18.
(2) If the ACA approves an application for allocation of
an international signalling point code to test the use of the code, a
signalling point operator must use the code only during the period specified
for subsection 5A.11 (3).
5A.15 When
certain international signalling point codes are to be in service
(1) A signalling point operator mentioned in subsection
5A.14 (1) may, not more than 22 working days before the end of the period
of 12 months after the date on which the operator applies for allocation of an
international signalling point code that has not been placed in service, apply
in writing to the ACA for an extension of that period.
(2) The application must:
(a) identify the international signalling point
code to which the application relates; and
(b) include the information mentioned in
paragraph 5A.6 (1) (a) or (b), (c), (d) or (e), (f) and (g) that was
provided to the ACA in the original application for allocation of the
international signalling point code; and
(c) explain why the international signalling
point code has not commenced service in accordance with subparagraph
5A.14 (1) (c) (i); and
(d) specify the duration of the extension (which
must not be more than 6 months).
(3) The ACA must make a decision to approve or refuse an
application not later than 15 working days after the day on which it received
the application.
(4) The ACA must approve an application made in
accordance with this section unless it reasonably considers that the
international signalling point code mentioned in the application has not
commenced service because of circumstances that are within the control of the
signalling point operator.
Examples of circumstances within the control of a signalling point
operator
1 The signalling point operator has not
installed all the necessary signalling equipment within the relevant 12‑month
period for reasons within the operator’s control.
2 The overseas signalling point is not
ready to receive the international signalling point code allocated to the
signalling point operator.
5A.16 When
decisions take effect
A decision under subsection 5A.15 (3) to
approve or refuse an application takes effect when it is made.
5A.17 Notice
of decisions
(1) The ACA must, not later than 5 working days after
the day on which a decision was made under subsection 5A.15 (3), give
written notice to the applicant of the decision.
(2) A decision to refuse the application must be
accompanied by the reasons for the refusal.
Note A decision to refuse an application
is reviewable: see Schedule 11.
5A.18 Signalling
point operators to notify ACA of changed circumstances
(1) This section applies to a signalling point operator
to which an international signalling point code is allocated.
(2) As soon as practicable after any change in the
information that the signalling point operator gave to the ACA under subsection
5A.6 (1), the operator must give written notice to the ACA of the changed
information.
(3) If the change in the information relates to the
functions for which the international signalling point code is to be used:
(a) the signalling point operator must also ask
the ACA for permission to use the international signalling point code to
perform a new function; and
(b) the ACA must grant or refuse the permission.
Part 5 Transfer
of international signalling point codes
5A.19 Divestment
(1) If an entity to which an international signalling
point code is allocated (the original entity) divests the part of
the entity that is the signalling point operator to a separate or new entity
(the new operator):
(a) the code is taken to have been allocated to
the new operator on the day of the divestment; and
(b) the original entity and the new operator
must, jointly, notify the ACA in writing of the divestment not later than 5 working
days after the divestment.
(2) The notice under paragraph (1) (b) must
include:
(a) the date of the divestment; and
(b) information that is mentioned in subsection
5A.6 (1) in relation to the original entity, the new operator and the
international signalling point code; and
(c) information about the divestment that
affects the use by the new operator of the international signalling point code.
(3) The new operator is taken to have complied with the
requirements with which the original entity has complied that apply to an
applicant under Division 2 of Part 2.
5A.20 Merger,
acquisition or joint venture
(1) If a signalling point operator (the original
operator) to which an international signalling point code is allocated
merges with, is acquired by, or enters a joint venture with, another entity
(the new entity):
(a) the code is taken to have been allocated to
the new entity on the day of the merger, acquisition or joint venture; and
(b) the original operator and the new entity
must, jointly, notify the ACA in writing of the merger, acquisition or joint
venture not later than 5 working days after its occurrence.
(2) The notice under paragraph (1) (b) must
include:
(a) the date of the merger, acquisition or joint
venture; and
(b) information that is mentioned in subsection
5A.6 (1) in relation to the new entity and the international signalling
point code; and
(c) information about the merger, acquisition or
joint venture that affects the use by the new entity of the international
signalling point code.
(3) The new entity is taken to have complied with the
requirements with which the original operator has complied that apply to an
applicant under Division 2 of Part 2.
5A.21 No
transfer in other circumstances
An international signalling point code is not
transferable except in the circumstances mentioned in sections 5A.19 and 5A.20.
Part 6 Surrender
of international signalling point codes
5A.22 Entitlement
to surrender international signalling point code
(1) A signalling point operator to which an
international signalling point code is allocated may surrender the
international signalling point code by giving the ACA a written notice.
(2) The notice must:
(a) identify the international signalling point
code; and
(b) if any of the information that the signalling
point operator gave to the ACA in relation to the international signalling
point code under subsection 5A.6 (1) has changed — include the
changed information; and
(c) specify the name and location of the
signalling point which identify the international signalling point code.
(3) The notice may specify a date (later than the date
on which the notice is given to the ACA) on which the surrender is to take
effect.
(4) The surrender of an international signalling point
code takes effect:
(a) on the date specified in the notice; or
(b) if no date is specified in the notice —
when the ACA receives the notice of surrender.
5A.23 Acknowledgment
of surrender
The ACA must, not later than 10 working days after
receiving a notice surrendering an international signalling point code,
acknowledge in writing that it has received the notice.
Part 7 Revocation
of allocation of international signalling point code for test network
5A.24 Grounds
for revocation
(1) This section applies if the ACA has allocated an
international signalling point code to a signalling point operator for use in a
test network.
(2) If section 5A.19 or 5A.20 applies, the ACA must
revoke the allocation if the signalling point operator does not comply with the
applicable section.
(3) The ACA must revoke the allocation if the
international signalling point code is being used by a signalling point
operator other than the operator to which the code has been allocated or
transferred.
(4) The ACA must revoke the allocation if the signalling
point operator has not used the international signalling point code within the
period of 12 months after the date on which the application for allocation of
the code was made by the operator.
(5) The ACA may revoke the allocation if the
international signalling point code has been, is being, or is likely to be,
used to perform a function that was not specified in the application made by
the signalling point operator for allocation of the code.
(6) The ACA may revoke the allocation if the
international signalling point code has ceased to be used by the signalling
point operator.
(7) The ACA may revoke the allocation if the signalling
point operator has not complied with section 5A.18.
5A.25 Revocation
(1) If the ACA wishes to revoke the allocation of an
international signalling point code in accordance with section 5A.24, the ACA
must:
(a) give written notice of the proposed
revocation to the signalling point operator; and
(b) specify in the notice a period, not less than
44 working days, after which the revocation takes effect.
(2) The revocation of the allocation of an international
signalling point code takes effect at the end of the period specified in the
notice under subsection (1).
(3) If the allocation of an international signalling
point code is revoked, the international signalling point code may be
reallocated in accordance with Part 2 at any time more than 12 months after the
revocation takes effect.
Part 8 Withdrawal
of international signalling point code
5A.26 Grounds
for withdrawal
(1) The ACA must withdraw an international signalling
point code if the signalling point operator does not comply with a requirement
specified in section 5A.19 or 5A.20 that is applicable to the operator.
(2) The ACA must withdraw an international signalling
point code that is allocated to a signalling point operator if the
international signalling point code is being used by a signalling point
operator other than the signalling point operator to which the code has been
allocated or transferred.
(3) The ACA must withdraw an international signalling
point code that is allocated to a signalling point operator if the operator:
(a) has not commenced service using the
international signalling point code within the period of 12 months after the
date on which the application for allocation of the code was made by the
operator; and
(b) has not applied to the ACA for an extension
of that period.
(4) The ACA must withdraw an international signalling
point code that is allocated to a signalling point operator if:
(a) the operator has
not commenced service using the international signalling point code within the
period of 12 months after the date on which the application for allocation of
the code was made by the operator; and
(b) the operator has
applied to the ACA for an extension of that period; and
(c) the ACA has
refused the application.
(5) The ACA must withdraw an international signalling
point code that is allocated to a signalling point operator if:
(a) the ACA has
approved an application for an extension of the period in which the operator is
to commence service using the international signalling point code; and
(b) the operator has
not commenced service using the international signalling point code at the end
of the extended period.
(6) The ACMA may withdraw an
international signalling point code that is allocated for use by a signalling
point operator if:
(a) the operator has
ceased its telecommunications business; or
(b) the international
signalling point code has otherwise ceased to be used by the operator.
(7) The ACA may withdraw an international signalling
point code that is allocated for use by a signalling point operator if the
operator has not complied with section 5A.18.
(8) The ACA may withdraw an international signalling
point code that is allocated for use by a signalling point operator if the
international signalling point code has been, is being, or is likely to be,
used to perform a function:
(a) that was not specified in the application
made by the operator for allocation of the code; or
(b) for which the ACA has not given permission
under subsection 5A.18 (3).
5A.27 Withdrawal
(1) If the ACA is required to withdraw an international
signalling point code in accordance with subsection 5A.26 (1), (2), (3),
(4) or (5):
(a) the ACA must give written notice of the
withdrawal to the signalling point operator; and
(b) the withdrawal takes effect on receipt by the
operator of the notice of the withdrawal.
(2) If the ACA wishes to withdraw an international
signalling point code in accordance with subsection 5A.26 (6), (7) or (8),
the ACA must:
(a) give written notice of the proposed
withdrawal to the signalling point operator; and
(b) invite the operator to state in writing to
the ACA, within 20 working days after the day
on which the notice is given to the operator, why the international signalling
point code should not be withdrawn.
(3) The ACMA must, after
considering any written statement given to it by the operator under
paragraph (2) (b):
(a) decide whether to
withdraw the international signalling point code; and
(b) if the ACMA decides
to withdraw the code — give written notice of the withdrawal to the
operator.
(3A) For subsection (3), the
period within which the ACMA must make a decision is:
(a) if the ACMA does
not receive any written statement from the operator under
paragraph (2) (b) — 20 working days after the end of the period
within which a written statement may be given to the ACMA under
paragraph (2) (b); or
(b) if the ACMA
receives a written statement from the operator under
paragraph (2) (b) — 20 working days after receiving the
statement.
(4) The withdrawal of an international signalling point
code in accordance with subsection 5A.26 (6), (7) or (8) takes effect on
receipt by the signalling point operator of the notice of the withdrawal.
5A.28 Withdrawn
international signalling point codes not to be reallocated
The ACA must not allocate an international
signalling point code that has been withdrawn for a period of 12 months after
the day on which the withdrawal took effect.
Chapter 6 Allocation of certain numbers
Part 1 Preliminary matters
6.1 Purpose
of Chapter 6
(1) Under paragraph 455 (5) (a) of the Act,
this plan may set out rules about the allocation of numbers to carriage service
providers.
(2) This Chapter sets out rules for allocating numbers.
Note This Chapter does not apply to
shared numbers because they are not allocated by the ACA: see section 6.15.
6.1A Chapter 6 does not apply to certain numbers
(1) Chapter 6 does not apply
to freephone numbers mentioned in Schedule 4A.
Note Freephone numbers are allocated under
Part 5 of Chapter 3.
(2) Chapter
6 does not apply to local rate numbers mentioned in Schedule 4B.
Note Local rate numbers are allocated under
Part 5 of Chapter 3.
(2A) Chapter 6 does not apply to premium rate numbers
mentioned in Schedule 4C.
Note Premium rate numbers are allocated
under Part 5 of Chapter 3.
(3) Chapter 6 does not apply to international signalling
point codes.
Note International signalling point codes
are allocated under Chapter 5A.
6.2 Allocation
(1) The ACA must allocate numbers in a way that gives
effect to the provisions of this plan for the use of numbers in connection with
the supply of carriage services.
(2) In allocating numbers, the ACA must also comply with
this Chapter.
(3) In allocating numbers otherwise than in accordance
with an allocation system, the ACA must decide each application fairly, and in
a way that is consistent with decisions made about other applications of a
similar character.
(4) In allocating numbers, the ACA must take into
account the information obtained during monitoring under Chapter 7A.
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Information about allocations
Under subsection 455 (6) of the Act, rules about the
allocation of numbers to carriage service providers may authorise the
allocation of specified numbers in accordance with an allocation system
determined under section 457 of the Act, or otherwise.
The rules in this Division deal with ‘over the counter’, or
administrative, allocations of numbers for use in connection with the supply
of carriage services. They do not deal with allocation in accordance with an
allocation system.
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6.4 Outcomes
of allocation
(1) The allocation must give effect to:
(a) the objects of this plan mentioned in
sections 1.4 to 1.15; and
(b) the provisions of this plan for the use of
numbers in connection with the supply of carriage services.
(2) The allocation of a number must, if practicable:
(a) be an efficient use of a number, to enable
future requirements for numbers to be met at the least cost to carriage service
providers and customers; and
(b) promote access by end‑users to a range
of carriage services and carriage service providers; and
(c) promote flexible management by carriage
service providers of any expansion in the use of numbers in connection with the
supply of the carriage service for which the number is to be allocated.
(3) The allocation of a number must also, if
practicable:
(a) protect the interests of consumers,
including the convenience of customers, and ease of customer understanding and
use of numbers; and
(b) help competitive service provision and
encourage investment by carriage service providers in the development of
diverse and innovative carriage services.
6.5 Notification
of changes in names etc
(1) This section applies to a carriage service provider
to which a number is allocated.
(2) While the carriage service provider holds the
number, it must notify the ACA as soon as practicable of changes to its name,
Australian Company Number or Australian Registered Business Number (if
applicable), postal address and facsimile number.
Part 2 Allocation procedures
Division 1 Non‑pooled numbers
Information
about Division 1
This Division
sets out the procedures that a carriage service provider must follow to apply
for allocation of a number that is not a pooled number. The procedures include
the payment of application charges.
Subdivision 1 Application of
Division
6.6 Application
of Division
This Division applies to numbers that are not
pooled numbers.
Subdivision 2 Application for
allocation of numbers
6.7 Application
for allocation
(1) A carriage service provider that wishes to have a
number allocated may apply to the ACA for an allocation.
(2) The application must contain the information
mentioned in Schedule 7.
(3) The ACA must, within 5 working days of receiving the
application, acknowledge it and tell the applicant whether it is a routine or
complex application.
6.8 Application
charges
(1) The application must be accompanied by the charge
(if any) for the application fixed by a determination under section 53 of the Australian
Communications Authority Act 1997.
(2) The applicant must tender the amount of charge (if
any) imposed on the allocation of the numbers by Part 2 of the Telecommunications
(Numbering Charges) Act 1997.
6.9 Confidentiality
of application
(1) This section applies if a carriage service provider
claims that its information about the allocation and use of numbers is
commercially sensitive, and the ACA considers the claim to be reasonable.
(2) The ACA must keep the information secure.
(3) The ACA must not disclose the information, unless:
(a) the disclosure is for the ACA; or
(b) the disclosure is required by the Act or
another Act; or
(c) the disclosure is authorised by the
applicant; or
(d) the disclosure is to the ACCC because:
(i) this plan requires the ACA to
consult the ACCC about the numbers; and
(ii) the information is relevant to the
consultations; or
(e) the disclosure is to the ACCC because the
ACA believes the allocation of the numbers would have implications for
competition in the telecommunications industry; or
(f) the information is relevant to a complex
application, and:
(i) the disclosure is to an advisory
committee assessing the application; and
(ii) the carriage service provider has
been consulted about the disclosure.
Subdivision 3 Assessment
of application
Information
about Subdivision 3
This subdivision
sets out rules that the ACA must follow when dealing with an application. It
includes provisions about:
·
how the ACA must decide whether an application is routine or
complex
·
how the ACA must deal with these kinds of applications
·
when the ACA must consider the recommendation of an advisory
committee.
6.10 Routine
and complex applications
(1) An application is a routine application
only if the ACA believes that:
(a) the allocation would have no adverse
implications for competitive service provision; and
(b) the allocation would have no adverse
implications for the interests of end‑users of carriage services; and
(c) no other matters relevant to the outcomes
specified in section 6.4 need special examination.
(2) A complex application is an
application that is not a routine application.
6.11 ACA
may ask for further information
(1) The ACA may ask an applicant, in writing, to give it
further information on matters mentioned in the application to allow it to
consider an application.
(2) The applicant must give the further information to
the ACA:
(a) in writing; or
(b) in any other form specified by the ACA.
(3) If the applicant does not give the ACA the further
information within 40 working days of the request, the applicant is taken
to have withdrawn the application at the end of the 40 working days.
6.12 Dealing
with application
(1) The ACA must consider the application quickly to
minimise delay in the start of carriage services.
(2) The ACA must be responsive in giving information and
assistance, as required, to the applicant.
(3) The ACA must be consistent in applying the matters
mentioned in this Subdivision.
6.13 Dealing
with complex application
In deciding whether to allocate numbers to an
applicant making a complex application, the ACA may consider any recommendation
of its advisory committee.
6.14 Numbers
to be in use within 12 months
A carriage service provider to which numbers have
been allocated must ensure that the numbers are in use within 12 months after
the allocation.
Examples of a number being in use
· The number has
been issued to a customer.
· The number is
being used for network testing.
Note The ACA may withdraw the numbers if
it is satisfied that they will not be in use within a certain time — see
section 7.23.
6.15 Numbers
not to be allocated
(2) A shared number must not be allocated.
(3) An emergency service number must not be allocated.
(4) A local number must not be allocated otherwise than
as part of a geographic number.
6.16 Additional
grounds for refusing allocation
(1) A number must not be allocated to a carriage service
provider if the ACA is satisfied that the carriage service provider is likely
to issue, transfer or use the number in a way that is inconsistent with:
(a) this plan; or
(b) a condition on the use of the number.
(1A) For subsection (1), the ACA may have regard to:
(a) the way in which the carriage service
provider has issued, used or transferred other numbers that have been allocated
to the carriage service provider; and
(b) information showing an intention by the
carriage service provider to issue, transfer or use the number in a way that is
inconsistent with this plan or a condition; and
(c) any other matter the ACA considers relevant.
(2) A number must not be allocated to a carriage
service provider if:
(a) other numbers have been allocated to the
carriage service provider; and
(b) either:
(i) a charge is due, and has been
unpaid for at least 6 months after its due date, in respect of the numbers,
under 1 of the following Acts:
(A) the Telecommunications
(Numbering Charges) Act 1991;
(B) the Telecommunications
(Numbering Charges) Act 1997; or
(ii) an amount by way of penalty is
due, and has been unpaid for at least 6 months after the carriage service
provider became liable to pay the amount of penalty, under a determination made
under subsection 468 (4) of the Act.
(3) A number must not be
allocated if the ACA believes that:
(a) the number is similar to an emergency
services number; and
(b) its use may adversely affect an emergency
call service.
6.17 Numbers of broad geographic significance
Numbers of broad
geographic significance must be allocated only:
(a) to meet the needs of customers who wish to
make or keep common internal numbering arrangements across multiple
geographically dispersed sites; or
(b) to improve numbering efficiency for carriage
service providers with limited requirements for geographic numbers.
Note For paragraph (a), the ACA may
allocate a carriage service provider a series of contiguous blocks of numbers
of broad geographic significance, each block being made available for use
exclusively within a single standard zone unit.
6.18 Incoming
only international numbers
(1) The ACA must allocate an incoming only international
number only if the ACA has evidence of an agreement between the applicant and
at least 1 foreign telecommunications operator.
(2) The agreement must be for international
interconnection between a foreign public telecommunications network and the
applicant’s network that would allow routing of incoming only international
calls.
6.19 Data
network identification codes
(1) The ACA must allocate a data network identification
code only if the ACA has evidence of an agreement between the applicant and at
least 1 foreign telecommunications operator.
(2) The agreement must be for international
interconnection between a foreign public telecommunications network and the
applicant’s network that would allow routing of data calls.
6.20 Number
of network identification codes to be allocated
(1) If the applicant’s network has a projected take‑up
of at least 1,500 X.25 DTE/DCE interfaces or X.28 PAD interfaces,
each with its own unique terminal number, the ACA must allocate no more than
one data network identification code.
(2) If the applicant’s network has a projected take‑up
of at least 1,000, but not more than 1499, X.25 DTE/DCE interfaces or X.28 PAD
interfaces, each with its own unique terminal number, the ACA must allocate no
more than one 2‑digit private network identification code.
(3) If the applicant’s network has a projected take‑up
of at least 500, but not more than 999, X.25 DTE/DCE interfaces or X.28 PAD
interfaces, each with its own unique terminal number, the ACA must allocate no
more than one 3‑digit private network identification code.
(4) If the applicant’s network has a projected take‑up
of at least 100, but not more than 499, X.25 DTE/DCE interfaces or X.28 PAD
interfaces, each with its own unique terminal number, the ACA must allocate no
more than one 4‑digit private network identification code.
6.21 Allocation
of data terminal numbers to a carriage service provider
The ACA is not required to allocate to a carriage
service provider every data terminal number that has the same data network
identification code.
Subdivision 4 Allocation procedures
Information
about Subdivision 4
This subdivision
sets out information about how the ACA must carry out an allocation, including
provisions about:
·
how the ACA will
deal with a situation where there is more than 1 request for the
allocation of a particular number
·
the unit size
for allocation of numbers that are not pooled numbers
·
when a carriage
service provider may apply to the ACA for allocation of a unit of numbers that
is smaller than the unit size.
6.22 Allocation on request (more than 1 request)
(1) This section applies
if:
(a) more than 1 carriage service provider
applies for the allocation of a particular number; and
(b) the ACA decides to approve 1 of the requests.
(2) The ACA must allocate the number to the provider
that made the first request.
(3) However, the ACA may allocate, to more than 1
carriage service provider, a special service number beginning with any of the
prefixes ‘12 61’, ‘12 62’, ‘12 63’, ‘12 64’, ‘12 65’, ‘12 66’, ‘12 67’ or
‘12 68’.
(4) If it is not apparent to the ACA which request was
made first, the ACA must decide which request is taken to be made first in
accordance with procedures determined by the ACA under subsection (5).
(5) The ACA must determine, in writing, procedures for
deciding which request is taken to be made first when it is not apparent to the
ACA which request was made first.
(6) If subsection (4) applies, the ACA must tell the
other carriage service providers how it determined which request was taken to
be made first.
6.23 Unit
size
(1) The units in which numbers that are not pooled
numbers will be allocated to carriage service providers are:
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Geographic numbers
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A block
of 1 000 numbers
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Access codes
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Individually
|
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Special services numbers
of 10 digits
|
See Schedule 8 for
individual cases
For numbers not mentioned
in Schedule 8 — a block of 10,000 numbers
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Special services numbers not of 10 digits
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See Schedule 8 for individual cases
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Data numbers
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Any unit size
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(2) If a unit size has
not been mentioned in subsection (1) for the allocation of a type of number,
the ACA may determine, in writing:
(a) a unit size for the number; or
(b) a unit size that is appropriate for the
number in circumstances mentioned in the determination.
(3) A unit size determined under subsection (2) for a
number must be consistent with the number analysis capabilities of
telecommunications networks operated in Australia.
6.24 Units
for allocation
(1) The ACA must allocate the numbers in the appropriate
unit mentioned in, or determined under, section 6.23.
(2) However, the ACA is not required to allocate the
numbers in the appropriate unit if it approves an application made under
subsection (3) for the allocation of fewer numbers.
(3) A carriage service provider may apply to the ACA, in
writing, for allocation of fewer numbers than the unit size.
(4) The application must include reasons.
(5) The ACA may approve the application only if:
(a) it is satisfied that the allocation of fewer
numbers will not hinder a later allocation of the numbers; and
(b) the allocation of fewer numbers is consistent
with the number analysis capabilities of telecommunications networks operated
in Australia; and
(c) it is satisfied that:
(i) it is likely the carriage service
provider would be disadvantaged or significantly inconvenienced by an
allocation in the appropriate unit; or
(ii) it is an efficient use of numbers.
6.25 Allocation arrangements
(1) The ACA may decide to allocate a number with effect
from, or until, a date mentioned in the decision.
(2) Before allocating a
number to a carriage service provider until a date mentioned in the decision,
the ACA must tell the provider, in writing:
(a) that the ACA intends to allocate the number
until that date; and
(b) that the number will be withdrawn on that date
unless the allocation is extended.
6.26 Extending, or making permanent, an
allocation
(1) This section applies to the allocation of a number
with effect until a particular date (the expiry date).
(2) Not later than 20 working
days before the expiry date, the carriage service provider holding the number
may apply to the ACA:
(a) to extend the allocation of the number to
another date; or
(b) to extend the allocation of the number
indefinitely.
(3) The ACA must decide the application before the
expiry date.
Subdivision 5 Conditional
allocation
Information
about Subdivision 5
This Subdivision
allows the ACA to make an allocation subject to certain conditions.
6.27 Conditions —
general
(1) The ACA may allocate a number subject to conditions
about:
(a) issuing, transferring, surrendering or using
the number; or
(b) the number’s portability.
(2) Before imposing a
condition, the ACA may consult with either or both of:
(a) an advisory committee; or
(b) the ACCC.
(3) Before imposing a condition relating to the
portability of a number, the ACA must consult with the ACCC.
(4) Before allocating a number to a carriage service
provider, subject to conditions, the ACA must tell the provider, in writing:
(a) that the ACA intends to allocate the number
subject to conditions; and
(b) the general content of the conditions.
(5) The ACA:
(a) must give a copy of the conditions, to the
carriage service provider that is subject to the conditions, within 5 working
days after imposing the condition; and
(b) may give a copy of the conditions to a person
who asks for it.
6.28 Conditions —
information program
(1) This section applies to:
(a) a geographic number if no other geographic
number, with the same component in column 1 of Schedule 2 as the number to be
allocated, has previously been used in accordance with the Schedule; and
(b) a special services number if no other special
services number, with the same component in column 1 of Schedule 4 as the
number to be allocated, has previously been used in accordance with the
Schedule.
(2) The ACA may allocate the number to a carriage
service provider subject to a condition about the provider developing and
implementing an information program for end‑users that are likely to use
the number.
(3) The condition must provide for the program to tell
end‑users about:
(a) the potential limitations on access of
customer equipment to the number, and how these limitations can be addressed;
and
(b) for a geographic number — the general
location where calls to the number will terminate; and
(c) for a special
services number:
(i) the structure of call charging;
and
(ii) the services that are to be
supplied using the number.
(4) Before allocating a
number subject to the condition to a carriage service provider, the ACA must
tell the provider, in writing:
(a) that the ACA intends to allocate the number
subject to the condition; and
(b) the general content of the condition.
(5) The condition ceases
to apply for a carriage service provider when the ACA registers an industry
code, in the Register of Industry Codes kept under section 136 of the Act,
that:
(a) sets out information to be included in the
program; and
(b) applies to the provider.
Subdivision 6 Making the
decision
6.29 Approval
or refusal of routine application
(1) The ACA must decide whether to approve or refuse a
routine application within 10 working days after receiving it.
(2) The 10 working days do not include a period:
(a) starting when the ACA asks the applicant for
further information to allow it to consider the application; and
(b) ending when it receives the information.
6.30 Approval or refusal of complex application
(1) The ACA must decide whether to approve or refuse a
complex application within 44 working days after receiving it.
(2) The 44 working days
do not include a period:
(a) starting when the ACA asks the applicant for
further information to allow it to consider the application; and
(b) ending when it receives the information.
Part 3 Variation of allocation of geographic numbers issued in error
Information
about Part 3
Part 3 allows a carriage service
provider that issues a geographic number by mistake to an incorrect standard
zone unit or geographic sector to apply to the ACA to vary the ACA’s allocation
of numbers to rectify the problem. The variation may allow the allocation to be
split into blocks that are less than the unit size for geographic numbers
specified in section 6.23 of this Plan.
Geographic numbers are allocated in
accordance with Parts 1 and 2 of Chapter 6. Part 3 is an arrangement that
allows the ACA to deal with unexpected problems that are identified after an
allocation has occurred: it is not an alternative form of allocation.
The ACA does not guarantee that it
will use Part 3 to rectify a problem relating to a geographic number. The ACA
is not required to vary an allocation under Part 3, since there may be more
efficient ways of dealing with the problem than by varying an allocation.
It should also be noted that a
carriage service provider’s applications for the allocation of numbers in the
future will be considered having regard to the manner in which the carriage
service provider has previously used numbers allocated to it: see section 6.16.
6.31 Application of Part 3
This Part applies if a
carriage service provider issues:
(a) a geographic
number (the issued number) which:
(i) is part
of a unit; and
(ii) does not
terminate in the standard zone unit for which the unit was allocated in
accordance with subsection 3.4 (4); or
(b) a geographic number
(the issued number) which does not terminate at a location in a
geographic sector or area mentioned for Part 1 of Schedule 3 in accordance with
section 3.5.
6.32 Application by carriage service provider for
variation of allocation
(1) A carriage service
provider to which section 6.31 applies may apply to the ACA to vary an
allocation by varying the location of an issued number.
(2) The allocation to which
the application relates:
(a) must include the
issued number; and
(b) must:
(i) have
been made as a result of another application under this Chapter; or
(ii) have
been taken to have been made under this Plan.
Note This Plan commenced in 1997. It applies
to an allocation that occurred before this Plan commenced as if the allocation
had been made under this Plan.
(3) The application must be:
(a) in writing; and
(b) for the variation
of the allocation of:
(i) 100
numbers or numbers in a whole multiple of 100; or
(ii) 1 000
numbers or numbers in a whole multiple of 1 000.
(4) The application must:
(a) identify the standard
zone unit or geographic sector to which the issued number was issued; and
(b) include an
explanation of how and why the number was issued for use in an inappropriate
standard zone unit or geographic sector.
(5) The application must be
made as soon as practicable after the issued number was issued.
Note Although it may take time to recognise
that a number is not terminating in the appropriate place, it is in a carriage
service provider’s interests to make an application as soon as practicable after
the carriage service provider first becomes aware that the number is not
terminating in the appropriate place.
For example, a failure to make an
application, or an unjustifiable delay in making an application, may be taken
into account by the ACA under section 6.16 as an example of the way in which
the carriage service provider has issued and used numbers from previous
allocations.
(6) The ACA may ask an
applicant, in writing, to give it further information within 30 business days on
the matters to which the application relates, to allow the ACA to consider the
application.
(7) If the applicant does not
give the ACA the information requested under subsection (6) within 30 business
days, the applicant is taken to have withdrawn the application at the end of
the 30 business days.
(8) The other Parts of this
Chapter apply to an application mentioned in this Part to the extent that they
are not inconsistent with this section.
6.33 Approval or refusal of application
(1) The ACA must refuse an
application to vary an allocation if it considers that:
(aa) any number to which
the application relates was deliberately issued for use in an inappropriate
standard zone unit or geographic sector; or
(a) the use of the
numbers as varied in accordance with the application would be
inconsistent with the number analysis capabilities of telecommunications
networks operated in Australia; or
(b) the numbers to
which the variation would relate do not relate to either of the following:
(i) the
charging district in which calls to the numbers terminate, or appear to
terminate, for charging purposes; or
(ii) a
standard zone unit that:
(A) is
adjacent to the standard zone unit for which the unit that includes the numbers
was allocated; and
(B) is
in a charging district that has the same prefix as the charging district
mentioned in subparagraph (i); or
(c) the use of the
numbers to which the variation would relate would substantially reduce the
geographic significance of the numbers; or
(d) the decision to
vary the allocation would have disadvantages, for another carriage service
provider, customer or end‑user, that outweigh the advantages of varying
the numbers.
(2) The ACA may approve the
application (but is not required to approve the application) if:
(a) the ACA is satisfied
that the carriage service provider making the application has issued a number
described in paragraph 6.31 (a) or (b); and
(b) the carriage
service provider has given the ACA adequate information to allow the ACA to
make the decision; and
(c) subsection (1)
does not apply.
Note A variation of the allocation of
numbers is not the only way to resolve problems associated with the situation
described in section 6.31. The ACA may, for example, decline to approve the
application to vary the allocation in order to allow the carriage service
provider:
(a) to reorganise its allocated
numbers; or
(b) to negotiate with affected
customers, or other carriage service providers, for a solution that better
meets the customers’ requirements.
6.34 Time for approval or refusal of application
(1) The ACA must approve or
refuse an application under section 6.33 within 15 business days starting on
the day on which the application is received by the ACA.
(2) However, the ACA may, by
written notice given to the applicant, extend that period for not more than 30 business
days.
(3) The period within which
the ACA must approve or refuse an application does not include a period:
(a) starting when the
ACA asks the applicant for further information under subsection 6.32 (6); and
(b) ending when it
receives the information.
(4) The ACA may extend the period only if the
consideration of the application requires the ACA to consult:
(a) another carriage service provider; or
(b) a supplier of relevant equipment or services;
about the effect that granting the application would have on
routing of, or charging for, calls by the other carriage service provider.
6.35 Register
The designated authority must update the Register,
maintained under section 465 of the Act, to reflect a variation of an
allocation of numbers.
Chapter 7 Transfer, surrender or withdrawal of numbers
Part 1 Purpose
7.1 Purpose
of Chapter 7
(1) Under paragraph 455 (5) (b) of the Act,
this plan may set out rules about the transfer of allocated numbers between
carriage service providers.
(2) Under paragraph 455 (5) (c) of the Act,
this plan may set out rules about the surrender or withdrawal of allocated
numbers.
(3) This Chapter sets out rules for transferring,
surrendering or withdrawing numbers.
Note This Chapter does not apply to
shared numbers because they are not allocated by the ACA: see section 6.15.
7.1A Chapter 7 does not apply to certain numbers
(1) Chapter 7 does not apply
to freephone numbers mentioned in Schedule 4A.
Note Freephone numbers are allocated under
Part 5 of Chapter 3.
(2) Chapter 7 does not apply to local rate numbers
mentioned in Schedule 4B.
Note Local rate numbers are allocated under
Part 5 of Chapter 3.
(3) Chapter 7 does not apply to premium rate numbers
mentioned in Schedule 4C.
Note Premium rate numbers are allocated
under Part 5 of Chapter 3.
(4) Chapter 7 does not apply
to international signalling point codes.
Note International signalling point codes are
allocated under Chapter 5A.
Part 2 Rules for transfer of numbers
7.2 Purpose
of Part 2
This Part sets out rules about the way in which an
allocated number may be transferred between carriage service providers.
Note Under section 87 of the Act, a carriage
service intermediary described in the section is a form of carriage
service provider. Therefore, an allocated number can be transferred:
· from a
carriage service provider to another carriage service provider; or
· from a
carriage service provider to a carriage service intermediary; or
· from a
carriage service intermediary to another carriage service intermediary.
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Information about
transferring numbers
The rules in this Part are
intended to ensure that:
·
the transfer of numbers is effected in a timely manner
·
a customer’s right to use a number is not infringed by a
transfer
·
information on permanent transfers is given to the ACA to allow
it to support the administration of annual numbering charge under the Telecommunications
(Numbering Charges) Act 1997
·
the ACA makes and keeps a register of carriage service providers
who hold allocated numbers.
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7.3 Numbers
eligible to be transferred
A number allocated to a carriage service provider
may only be transferred from that carriage service provider, or another
carriage service provider holding the number, in accordance with this Part.
7.4 Numbers
to be transferred to carriage service providers
(1) A carriage service provider that holds a number must
transfer it only to another carriage service provider.
(2) The carriage service provider must only transfer the
number with the agreement of the receiving carriage service provider.
7.5 Advising ACA of permanent transfer of number
(1) If a carriage service provider permanently
transfers a number to another carriage service provider, the providers must
jointly give the ACA written notice of:
(a) the number being
transferred; and
(b) the date of the
transfer; and
(c) the company or
business name of both providers; and
(d) the ACN or ARBN (if
any) of both providers; and
(e) the postal address
of both providers.
Note Under section 87 of the Act, a carriage
service intermediary described in the section is a form of carriage
service provider.
(2) The notice must:
(a) be in a form approved by the ACA; and
(b) be signed and dated, for a provider, by a
person authorised to do so by the provider.
(3) As soon as practicable after receiving the notice,
the designated authority within the meaning of subsection 465 (1) of the
Act must amend information in the Register maintained under subsections
465 (2) and (3) of the Act in accordance with the notice.
7.8 Notification
of changes in name etc
(1) This section applies to a carriage service provider
to which a number is transferred.
(2) While the carriage service provider holds the
number, it must notify the ACA as soon as practicable of changes to its name,
ACN or ARBN number (if any), postal address and facsimile number.
7.9 Transfer
not to affect customer’s right of use of number
If an allocated number is transferred from a
carriage service provider to another carriage service provider, the providers
must ensure that the transfer does not affect a customer’s right to use the
number.
Note Under section 87 of the Act, a carriage
service intermediary described in the section is a form of carriage
service provider.
7.10 Inconsistency with Chapter 10
If the transfer of a
number would be inconsistent with a carriage service provider’s obligations to
customers about use of numbers:
(a) the number must not be transferred; and
(b) any attempt to transfer it has no effect for
this plan.
Note Chapter 10 deals with the carriage
service provider’s obligations.
7.11 Transfer of numbers allocated conditionally
(1) If a carriage service provider is allocated a number
subject to a condition that the number will be withdrawn after a specified time
unless the provider confirms the allocation, the provider must not transfer the
number unless it has confirmed the allocation.
(2) If a carriage service provider is allocated a number
subject to any other condition, the provider must not transfer the number
unless the ACA has approved the transfer.
(3) A carriage service provider may request the ACA to
approve the transfer of a number.
(4) The ACA may decide to approve the transfer only if
it is satisfied that the transfer will not prevent compliance with the
condition.
(5) To provide for compliance with the condition, the
ACA may approve the transfer subject to further conditions that give effect to
the condition.
(6) The ACA must decide the request within 15 working
days after receiving it.
Part 3 Rules for surrender of numbers
7.12 Purpose of Part 3
This Part sets out rules about the way in which a
carriage service provider may surrender an allocated number.
Note The rules in this Part are intended
to ensure that:
· carriage service
providers may surrender numbers that they do not require, with the approval of
the ACA; and
· carriage
service providers are able to surrender numbers before annual numbering charge
becomes payable, but not for a limited period that would allow them to avoid
the payment of annual numbering charge.
The rules in this Part explain:
· how carriage
service providers may apply for approval to surrender numbers; and
· the preferred
number of allocated numbers that should be surrendered at one time (a
unit size).
7.13 Surrender of numbers
(1) A carriage service
provider may surrender numbers that have been:
(a) received by allocation; or
(b) received by permanent transfer; or
(c) taken to have been allocated by declaration
in this plan.
Note A permanent transfer of a number
occurs when 2 carriage service providers give a signed statement to the ACA
which advises of their intention to transfer the number on a permanent basis.
The statement must include details of the date of the transfer, the company or
business name of each provider, and the ACN (or ARBN) and postal address of the
provider that is transferring the number. See section 7.5.
(2) However, the carriage service provider is not
entitled to surrender a number unless the ACA has approved an application to
surrender it.
7.14 Approved application form
(1) The ACA must approve, in writing, an application
form for the purposes of this Part.
(2) The approved form
must contain at least the following matters:
(a) for a
carriage service provider that is a corporation:
(i) the provider’s name; and
(ii) the provider’s ACN or ARBN; and
(iii) the provider’s registered
business name (if any); and
(iv) the provider’s registered office
address;
(b) for a carriage
service provider that is a partnership:
(i) the provider’s trading or
registered business name (if any); and
(ii) the full name and residential
address of each partner;
(c) for a carriage service provider that is an
individual:
(i) the provider’s full name; and
(ii) the provider’s registered business
name (if any); and
(iii) the provider’s residential
address;
(d) the carriage service provider’s principal
place of business;
(e) the postal address of, and contact facsimile
number for, the carriage service provider’s principal place of business;
(f) the name, telephone number, facsimile number
and email address of a contact person who is to represent the carriage service
provider for the purposes of the application;
(g) whether the numbers that the carriage
service provider wishes to surrender are telephone numbers, data numbers or
telex numbers;
(h) each number that the applicant wishes to
surrender, and the type of service which was supplied in connection with the
use of the number;
(i) if the carriage service provider wishes to
surrender the number from a particular date, the date;
(j) if the carriage service provider wishes to
surrender numbers in a non‑standard unit size, the reasons for the non‑standard
unit size;
(k) if the carriage service provider wishes to
surrender a number that has been allocated to the provider for less than 12
months, the reason for the surrender;
(l) a requirement for the signature of the
person who is using the application form;
(m) instructions for giving the completed form to
the ACA.
7.15 Unit
sizes
(1) For the purposes of paragraph
7.14 (2) (j), the size of the standard unit in which allocated
numbers (other than pooled numbers) may be surrendered is:
(a) for geographic numbers mentioned in Schedule
3, 1 000 numbers; and
(b) for other geographic numbers, 1 000
numbers; and
(c) for access codes, 1 code; and
(d) for a special services number mentioned in
Schedule 8, the unit size set out in the Schedule for the number; and
(e) for special services numbers of 10 digits
that are not mentioned in Schedule 8, 10 000 numbers; and
(f) for a data number, the number of data
numbers that were allocated to the carriage service provider in the allocation
that included the data number.
(3) A carriage service
provider must surrender pooled numbers individually.
Note An important objective of the
surrender process is to ensure that non‑pooled numbers are surrendered in
useable blocks of contiguous numbers where practicable.
7.16 Application
to surrender numbers
(1) A carriage service provider that wishes to surrender
allocated numbers must apply to the ACA for approval to surrender the numbers.
(2) The carriage service provider must apply by
completing the approved application form and giving it to the ACA in accordance
with the instructions on the form.
(3) The ACA must acknowledge an application, in writing,
within 5 working days after receiving it.
(4) An application has no effect unless:
(a) it is made in accordance with subsection
(2); and
(b) the carriage service provider has received
the acknowledgement of the application mentioned in subsection (3).
7.17 Decision
on application
(1) The ACA must consider an application for approval to
surrender numbers if the application has been made in accordance with
subsection 7.14 (2).
(2) The ACA must decide to approve or refuse the
application:
(a) within 10 working days after it receives the
application; or
(b) in accordance with subsection (3).
(3) If the ACA is satisfied, before the end of the 10 working
days mentioned in paragraph (2) (a), that:
(a) consultation is likely to be necessary
before it can make a decision; and
(b) the consultation is not likely to be
completed before the end of the 10 working days —
the ACA must decide to approve or refuse the application within 44 working
days after it receives the application.
Example
The ACA may need to undertake consultations as part of
considering an application to surrender numbers in a non‑standard unit
size that is smaller than the standard unit size.
(4) The ACA must refuse an application if:
(a) the application deals with numbers that have
been allocated to the carriage service provider for less than 12 months; and
(b) the ACA is satisfied that the main reason for
the surrender of any of the numbers is to avoid paying a charge under Part 3 of
the Telecommunications (Numbering Charges) Act 1977.
(5) The ACA must refuse an application if the carriage
service provider has applied for the surrender of any of the numbers on, or
within 15 working days before, the day determined in subsection 18 (2) of
the Telecommunications (Numbering Charges) Act 1997.
(6) The ACA must refuse an application if:
(a) the carriage service provider wishes to
surrender numbers in a non‑standard unit size; and
(b) either:
(i) the ACA is not satisfied that the
surrender will not hinder the later allocation of the numbers; or
(ii) the ACA is not satisfied that the
carriage service provider would be significantly disadvantaged, or
significantly inconvenienced, by surrendering numbers in the standard unit
size; and
(c) the ACA is not satisfied that the surrender
of numbers in the non‑standard unit size is consistent with the current
number analysis capabilities of telecommunications networks operated in
Australia.
(7) The ACA must approve an application that it is not
required to refuse under subsection (4), (5) or (6).
7.17A Notification
of decision
As soon as practicable after making a decision on a
carriage service provider’s application, the ACA must notify the provider, in
writing, of the decision.
7.17B Register
The designated authority must update the Register,
maintained under section 465 of the Act, to reflect the surrender of
numbers.
7.17C When
surrender occurs
If the ACA approves an application to surrender
numbers, the surrender takes place on the later of:
(a) the day the application is approved; and
(b) if the applicant nominated a date under
paragraph 7.14 (2) (i) — that day.
Part 4 Rules for withdrawal of numbers
7.18 Purpose
of Part 4
This Part sets out the way in which an allocated number
may be withdrawn from a carriage service provider.
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Information about
withdrawal
The rules in this Division
are intended to ensure that the ACA will withdraw numbers allocated to
carriage service providers in accordance with clear procedures.
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7.19 Withdrawal
of numbers allocated in accordance with allocation system
The ACA may withdraw from a carriage service
provider numbers allocated in accordance with an allocation system only in
accordance with section 7.20, 7.21 or 7.24A.
7.20 Inconsistency
with this plan
(1) The ACA may withdraw the numbers if they were
allocated, issued, transferred or used in a way inconsistent with this plan.
(2) In deciding to withdraw the numbers, the ACA must be
satisfied that the benefits, or problems to be avoided, for end‑users and
carriage service providers by withdrawal are more significant than the
technical and financial consequences of withdrawal for end‑users and
carriage service providers.
(3) A decision to withdraw the numbers must be in
writing.
(4) The ACA must give a written notice to the carriage
service provider, specifying:
(a) the decision and reasons; and
(b) the date of withdrawal.
(5) The minimum time between giving the notice and the
date of withdrawal must be the shorter of:
(a) the total period of 44 working days and the
period for which the carriage service provider has had the numbers; and
(b) 14 months.
7.21 Non‑payment
of numbering charge
(1) The ACA may withdraw all or any of the numbers if:
(a) charge is
payable for any 1 or more of the numbers under:
(i) the Telecommunications
(Numbering Charges) Act 1991; or
(ii) the Telecommunications
(Numbering Charges) Act 1997; and
(b) the charge has been unpaid for at least 6
months after its due date.
(2) In deciding to
withdraw the numbers, the ACA must be satisfied that:
(a) the carriage service provider is aware of
the liability; and
(b) the withdrawal of numbers will produce no
significant adverse consequences for end‑users.
(3) A decision to withdraw the numbers must be in
writing.
(4) If the ACA decides to
withdraw the numbers, it must give a written notice to the carriage service
provider, specifying:
(a) the decision and reasons; and
(b) the date of withdrawal.
(5) The minimum time between giving the notice and the
date of withdrawal must be 20 working days.
7.22 Withdrawal
of numbers allocated otherwise than in accordance with allocation system
The ACA may withdraw from a carriage service
provider numbers allocated otherwise than in accordance with an allocation
system only in accordance with section 7.20, 7.21,
7.23, 7.24 or 7.24A.
7.23 Withdrawal
of numbers not in use
(1) The ACA may withdraw the numbers:
(a) if:
(i) at a time in the 12 months after
the numbers are allocated, the ACA believes, on reasonable grounds, that the
numbers will not be in use before the end of that period; or
(ii) at
a time after the end of 12 months after the numbers are allocated, the numbers
have not been in use since the numbers were allocated; or
(iii) at
a time after the end of 12 months after the numbers are allocated:
(A) the
numbers have been in use since the numbers were allocated but are no longer in
use; and
(B) the
numbers have been quarantined and released from quarantine; and
(C) either:
(I) at a time
in the 12 months after the numbers were released from quarantine, the ACA
believes, on reasonable grounds, that the numbers will not be in use before the
end of that period; or
(II) at a time
after the end of 12 months after the numbers were released from quarantine, the
numbers have not been in use since the numbers were released from quarantine;
and
(b) if the ACA believes, on reasonable grounds,
that:
(i) the numbers are additional to
those reasonable for the carriage service provider to hold to service its on‑going
business needs; and
(ii) the benefits or problems to be
avoided by withdrawal are greater than the costs of withdrawal.
Example of costs for subparagraph (b) (ii)
The technical and financial consequences of withdrawal for
end‑users and carriage service providers.
Note It is the ACA’s intention that the
ACA will usually withdraw blocks of 1 000 contiguous numbers that are not
in use.
(2) If the ACA is considering withdrawing numbers under
subsection (1), the ACA must:
(a) give written notice of the proposed withdrawal
to the carriage service provider, including:
(i) details of the numbers that the
ACA is considering withdrawing; and
(ii) the grounds on which the ACA
proposes to withdraw the numbers; and
(b) invite the carriage service provider to
object in writing to the ACA, including the reasons why the numbers should not
be withdrawn.
(3) A written objection given to the ACA under
paragraph (2) (b):
(a) must be given to the ACA within the
objection period; and
(b) must include the following:
(i) an explanation of why the numbers
are not in use;
(ii) the date by which the carriage
service provider expects that the numbers will be in use;
(iii) the grounds on which the carriage
service provider believes that the numbers will be used by the date mentioned
in subparagraph (ii);
(iv) evidence of the grounds mentioned
in subparagraph (iii); and
(c) may include the following:
(i) evidence that the numbers are
reasonable for the carriage service provider to hold to service its on‑going
business needs;
(ii) evidence that the costs of
withdrawal are greater than the benefits or problems to be avoided by
withdrawal.
Example for subparagraph (b) (iv)
Evidence of an increase in the number of customers
requesting local services for which the numbers could be used in accordance
with this plan.
(4) The ACA must, after considering any written
objection given to it by the carriage service provider in accordance with
subsection (3):
(a) decide whether to withdraw the numbers; and
(b) if the ACA decides to withdraw the
numbers — give written notice of the withdrawal to the carriage service
provider as soon as practicable after making the decision.
(5) For subsection (4), the period within which the ACA
must make a decision is:
(a) if the ACA does not receive a written
objection from the carriage service provider in accordance with subsection
(3) — 20 working days after the end of the objection period; or
(b) if the ACA receives a written objection from
the carriage service provider in accordance with subsection (3) — 20
working days after receiving the objection.
(6) A notice under paragraph (4) (b) must include:
(a) a statement of reasons for the decision; and
(b) the date on which the numbers will be
withdrawn.
(7) The date on which the numbers will be withdrawn
must be at least 20 working days after the date of the notice under
paragraph (4) (b).
Note Under Chapter 7A, the ACA must
monitor the use of geographic numbers by carriage service providers.
(8) In this section:
objection period means the period of 20
working days after the day when a notice mentioned in paragraph (2) (a) is
given to a carriage service provider.
7.24 Withdrawal of numbers — inconsistency
with conditions on issue, transfer or use
(1) The ACA may withdraw the numbers if they have been
issued, transferred or used in a way inconsistent with conditions placed by the
ACA on the allocation of the numbers.
(2) In deciding to withdraw the numbers, the ACA must be
satisfied that the benefits or problems to be avoided by withdrawal are more
significant than the technical and financial consequences of withdrawal for end‑users
and carriage service providers.
(3) A decision to withdraw the numbers must be in
writing.
(4) If the ACA decides to withdraw the numbers, it must
give a written notice to the carriage service provider, specifying:
(a) the decision and reasons; and
(b) the date of withdrawal.
(5) The minimum time between giving the notice and the
date of withdrawal must be the shorter of:
(a) the period for which the carriage service
provider has had the numbers; and
(b) 1 year.
7.24A Cessation
of business
(1) This section applies if:
(a) a carriage service provider holds numbers:
(i) allocated to the provider by the
ACA; or
(ii) permanently transferred to the
provider by another carriage service provider; and
(b) the ACA is satisfied that:
(i) the provider has ceased its
telecommunications business; and
(ii) there are no proposed arrangements
for the permanent transfer of the numbers held by the provider mentioned in
subparagraph (i) to another carriage service provider.
(2) The ACA may withdraw numbers mentioned in paragraph
(1) (a).
7.25 Expiry
of allocation period
(1) If the ACA allocates a number until a specified day
and does not extend the allocation, the number is withdrawn at the end of that
day.
(2) If the ACA allocates a number until a specified day
and extends the allocation to a later day, the number is withdrawn at the end
of the later day.
7.26 Reservation —
allocation not confirmed
(1) This section applies to a number that is allocated
to a carriage service provider subject to a condition the number will be
withdrawn after a specified time unless the provider confirms the allocation.
(2) The number is withdrawn at the end of the time if
the provider has not confirmed the allocation.
7.27 Pooled
numbers that are not issued
(1) This section applies to a pooled number that,
immediately before the declaration that the number is in a number pool takes
effect:
(a) was held by a carriage service provider; and
(b) was not issued
to a customer of the provider.
Note Declaration of a number as a pooled
number may be made under section 11.10.
(2) The number is withdrawn when the declaration takes
effect.
7.28 Telling
the ACA whether pooled numbers are issued
(1) Not later than 5 working days before a declaration
takes effect, declaring that a number is in a number pool, the carriage service
provider holding the number must tell the ACA whether the number has been
issued at that time.
(2) If the number has been issued, the carriage service
provider must tell the ACA, on the day the declaration takes effect, whether
the customer issued with the number has terminated the service for the number
after that time.
(3) If the number has not been issued, the carriage service
provider must tell the ACA, on the day the declaration takes effect, whether
the number has been issued after that time.
7.29 Decisions
on withdrawal
Before making a decision under this Part, the ACA
may consult with either or both of:
(a) an advisory committee; or
(b) the ACCC.
7.30 Register
The designated authority must update the Register,
maintained under section 465 of the Act, to reflect the withdrawal of
numbers.
Chapter 7A Monitoring and reporting use of geographic numbers
Part 1 Preliminary
7A.1 Purpose
of Chapter 7A
This Chapter sets out rules relating to monitoring
and reporting the use of geographic numbers by carriage service providers.
7A.2 Definitions
for Chapter 7A
In this Chapter:
protection area means an area in relation to
which the ACA has made a decision under subsection 7A.4 (1).
watch area means an area in relation to which
the ACA has made a decision under subsection 7A.4 (2).
Part 2 Obligations
of ACA
7A.3 Monitoring
use of geographic numbers
The ACA must monitor the use of geographic numbers
by carriage service providers.
7A.4 Watch
areas and protection areas
(1) If, at a particular time, the ACA believes, on
reasonable grounds, that there is a significant risk that the numbers specified
for use in an area will run out within the next 18 months, the ACA must decide
that the area is a protection area.
(2) If, at a particular time, the ACA believes, on
reasonable grounds, that there is a significant risk that the numbers specified
for use in an area will run out within the next 3 years, the ACA must decide
that the area is a watch area.
(3) Before making a decision under subsection (1) or
(2), the ACA must consult the Numbering Advisory Committee.
(4) In making a decision under subsection (1) or (2),
the ACA must consider:
(a) the views of the Numbering Advisory
Committee; and
(b) the information obtained during monitoring.
(5) The ACA must publish the details of each protection
area and watch area on an Internet website operated by or for the ACA.
Part 3 Obligations of carriage service providers
7A.5 Reporting
first use of numbers in protection and watch areas
(1) A carriage service provider that holds a block of
numbers in a watch area or a protection area must give the ACA a written report
when the carriage service provider first uses a number from that block of
numbers.
(2) A report under subsection (1) must include the
following details:
(a) the block of numbers from which the number
was taken;
(b) the date when the block of numbers was
allocated to the carriage service provider;
(c) the quantity of numbers from the block of
numbers that are in use;
(d) the date when the number was first used;
(e) a description of how the number was first
used.
Examples of a number being in use
· The number has
been issued to a customer.
· The number is
being used for network testing.
Note 1 Failure to comply with
section 7A.5 may be a ground for a refusal of additional allocation under
subsection 6.16 (1).
Note 2 The ACA may withdraw the
numbers if it is satisfied that they will not be used within a certain
time — see section 7.23.
Note 3 Under section 521 of the Act,
the ACA may obtain information and documents from carriers and service
providers in certain circumstances.
7A.6 Annual
reporting of numbers
(1) A carriage service provider that holds a block of
numbers in a protection area must give the ACA a written report on 1 July in
each year.
(2) A report under subsection (1) must include, for
each quantity of numbers that can be identified by reference to the smallest of
the following areas in each protection area, the information mentioned in
subsection (3):
(a) exchange service area;
(b) sector;
(c) standard zone unit.
Note A carriage service provider’s
network infrastructure will determine which of the 3 areas mentioned in
subsection (2) is the smallest area for the carriage service provider.
Different carriage service providers have different network infrastructure.
(3) For subsection (2), the information is:
(a) the relevant exchange service area, sector
or standard zone unit; and
(b) the quantity of numbers held by the carriage
service provider that is available for issue to end‑users in the exchange
service area, sector or standard zone unit; and
(c) the time by which the carriage service provider believes the quantity of numbers mentioned
in paragraph (b) will run out; and
(d) whether the
carriage service provider expects that it may need to apply for further
allocations of numbers during the next 12 months for use in the exchange
service area, sector or standard zone unit, and
if so, how many numbers the carriage service provider expects that it will need
to apply for.
Note 1 Failure to comply with
section 7A.6 may be a ground for a refusal of additional allocation under
subsection 6.16 (1).
Note 2 The ACA may withdraw the
numbers if it is satisfied that they will not be used within a certain
time — see section 7.23.
Note 3 Under section 521 of the Act,
the ACA may obtain information and documents from carriers and service
providers in certain circumstances.
Chapter 8 Use of numbers
Part 1 Purpose
8.1 Purpose
of Chapter 8
(1) Under paragraph 455 (1) (b) of the
Act, the ACA must make a plan for the use of numbers in connection with supply
of carriage services in Australia.
(2) Under paragraph 455 (5) (e) of the Act,
this plan may set out rules about the use of allocated numbers in connection
with the supply of carriage services to the public in Australia (including
rules about the issue of allocated numbers by carriage service providers to
customers for use in connection with the supply of carriage services).
(3) This Chapter sets out rules for issuing and using
shared numbers, emergency service numbers, local numbers and numbers in a
number pool.
Part 2 Rules for issuing and using shared numbers, emergency
service numbers, local numbers, and numbers in a number pool
8.2 Purpose
of Part 2
This Part sets out rules for issuing and using
shared numbers, emergency service numbers, local numbers and numbers in a
number pool.
8.3 Who
may use shared number on non‑selectable basis
The only carriage service providers that may use a
shared number in connection with the supply of a non‑selectable carriage
service are:
(a) originating access carriage service
providers; and
(b) carriage service intermediaries that have
arranged for the supply of the non‑selectable carriage service by
originating access carriage service providers.
Notes
1. Carriage service intermediary see
section 87 (5) of the Act.
2. A shared number that is also a special services number
in an item in Schedule 4 may only be used to supply the type of carriage
service mentioned in column 2 of the item, see section 3.12.
8.4 Emergency
service numbers not to be issued
A carriage service provider must not issue an
emergency service number.
8.5 Local
numbers
A carriage service provider must not issue a local
number otherwise than as part of issuing a geographic number.
Chapter 9 Renumbering and notice of new numbers
Part 1 Purpose
9.1 Purpose
of Chapter 9
(1) Under paragraph 455 (5) (e) of the Act,
this plan may set out rules about the use of allocated numbers in connection
with the supply of carriage services to the public in Australia (including
rules about the issue of allocated numbers by carriage service providers to customers
for use in connection with the supply of carriage services).
(2) This Chapter sets out rules about a carriage service
provider’s responsibilities when changing a number or issuing a new number.
Note Under section 87 of the Act, a carriage
service intermediary described in the section is a kind of carriage
service provider.
|
Information about renumbering
Numbering policy requires changes to geographic numbers and
some special services numbers. The Schedules to this plan include details of
the changes, with dates for implementation.
The rules in Chapter 9 are intended
to ensure that customers experience minimum disruption while a number is
being changed, or a new number is being issued, under these arrangements.
The rules include:
·
an obligation on carriage service providers to give reasonable
notice to customers in advance of changing numbers
·
an obligation on carriage service providers to ensure that
calls can be made to ‘old’ and ‘new’ numbers for a reasonable period before
the old numbers can no longer be used
·
arrangements for customers to receive an explanatory message if
they dial an old number after it has been changed.
|
Part 2 Rules for renumbering of telephone numbers
Division 1 Purpose
9.2 Purpose
of Part 2
This Part sets out rules about the renumbering of
geographic and certain special services numbers, and changes to the form of
numbers.
Division 2 Renumbering of geographic numbers
9.3 Purpose
of Division 2
This Division sets out rules for renumbering
certain geographic numbers.
Note After the completion of these
changes, all geographic numbers will have a 2‑digit area code and an 8‑digit
local number.
9.5 Routing
to geographic numbers with new prefix
A carriage service provider that routes calls to a
geographic number with an old prefix must route calls to the number with its
new prefix on and after the start date for the new prefix specified by the ACA.
9.6 Availability
of changed number
(1) This section applies to a carriage service provider
(other than a carriage service intermediary) that supplies a carriage service
in connection with which a geographic number is used.
(2) The carriage service provider must make the number,
with its new prefix, available for use starting on the start date for the new
prefix specified by the ACA.
(3) However, the carriage service provider may make the
number, with its new prefix, available for use before the start date for the
new prefix.
(4) The carriage service provider must ensure that a
geographic number can be dialled for the same purpose, using the old or new
prefix, for at least 6 months after the start date for the new prefix.
9.7 Advice
about changed numbers
(1) Subsections (2) and
(3) apply to:
(a) a carriage service
provider that is a carriage service intermediary holding a geographic number;
or
(b) if there is no
carriage service intermediary — another carriage service provider that
supplies a carriage service in connection with which the geographic number is
used.
(2) At least 1 year before the start date for the new
prefix specified by the ACA, the carriage service provider must take reasonable
steps to tell a customer issued with a geographic number affected by the change
that the change will happen.
(3) However, the carriage service provider may tell the
customer about the change less than 1 year before the start date for the new
prefix if the customer is issued with the number less than 1 year before that
date.
(4) Subsection (5) applies to
the carriage service provider that supplies the carriage service in connection
with which the geographic number is used, whether or not a carriage service
intermediary holds the geographic number.
(5) Calls to a geographic number with the old prefix
must be directed by the carriage service provider to an explanatory message,
containing information that a change of number has happened, between:
(a) the day specified by the ACA for the start
of the message; and
(b) the day specified by the ACA for the end of
the message.
Note The explanatory message could be a
recorded message.
9.8 Availability
of local number dialling
(1) This section applies to a call between 2 locations
that:
(a) have the same area code mentioned at the
beginning of the new prefix; and
(b) had different area codes immediately before
renumbering arrangements commenced.
(2) The carriage service provider must ensure that the
call can be made, without dialling the area code, by no later than the date for
availability of local number dialling specified by the ACA.
Division 3 Renumbering of special services numbers
9.9 Purpose
of Division 3
This Division sets out rules for renumbering
certain special services numbers.
9.11 Routing
to special services numbers with new prefix
A carriage service provider that routes calls to a
special services number with an old prefix must route calls to the number with
its new prefix on and after the date for start
of the new prefix specified by the ACA.
9.12 Availability of changed number
(1) This section applies to a
carriage service provider (other than a carriage service intermediary) that
supplies a carriage service in connection with which a special services number
is used.
(2) The carriage service provider must make the number,
with its new prefix, available for use on and after the start date for the new
prefix specified by the ACA.
(3) The carriage service
provider must ensure that a number can be dialled for the same purpose, using
the old or new prefix, for at least 1 year after the start date for the
new prefix specified by the ACA.
9.13 Advice about changed numbers
(1) Subsection (2) applies to:
(a) a carriage service provider that is a
carriage service intermediary holding a special services number; or
(b) if there is no carriage service
intermediary — another carriage service provider that supplies a carriage
service in connection with which the special services number is used.
(2) At least 1 year before the start date for the new
prefix specified by the ACA, the carriage service provider must take reasonable
steps to tell a customer issued with a special services number affected by the
change in the prefix that the change will happen.
(3) However, the carriage service provider may tell the
customer about the change less than 1 year before the start date for the new
prefix if the customer is issued with the number less than 1 year before that
date.
(4) Subsection (5) applies to the carriage service
provider that supplies the carriage service in connection with which the
special services number is used, whether or not a carriage service intermediary
holds the special services number.
(5) Calls to a special
services number with the old prefix must be directed by the carriage service
provider to an explanatory message, containing information that a change of
number has happened or that a number is no longer available, between:
(a) the day specified
by the ACA for the start of the message; and
(b) the day specified
by the ACA for the end of the message.
Note The explanatory message could be a
recorded message.
Chapter 10 Carriage service provider’s obligations to customers about
use of numbers
Part 1 Purpose
10.1 Purpose
of Chapter 10
(1) Under paragraph 455 (5) (e) of the Act,
this plan may set out rules about the use of allocated numbers in connection
with the supply of carriage services to the public in Australia (including
rules about the issue of allocated numbers by carriage service providers to
customers for use in connection with the supply of carriage services).
(2) This Chapter sets out
rules for the terms and conditions on which customers and carriage service
providers may use numbers.
(3) The Chapter also sets out
the obligations of a carriage service provider if a carriage service provider
recovers a number issued to a customer.
(4) The rules are based on the following principles:
(a) telephone
numbers are a national resource, and not owned by a person to whom they are
allocated or issued;
(b) a customer to whom a telephone number has
been legitimately issued may enjoy the beneficial use of the number, freely and
without hindrance;
(c) a customer to whom a telephone number has
been legitimately issued is entitled to continued use of the number while an
appropriate service is provided using the number.
Part 2 Who is
a customer
10.2 Who
is a customer
For this Chapter, a customer is a
person (other than a carriage service intermediary) to whom a carriage service
provider issues a number.
Part 3 Carriage
service provider’s obligations: recovering and replacing numbers
Information
about Part 3
This Part limits
the circumstances in which a carriage service provider can recover and replace
a number issued to a customer.
10.3 Application
of Part 3
This Part ceases to apply for a carriage service
provider when the ACA registers an industry code in the Register of Industry
Codes, kept under section 136 of the Act, that:
(a) sets out procedures that, in the ACA’s
opinion, have substantially the same effect as procedures mentioned in this
Part dealing with recovery and replacement of numbers and with notification of
changes; and
(b) applies to the carriage service provider.
10.4 Carriage
service provider must not recover and replace numbers
(1) A carriage service provider must not recover and
then replace a number issued to a customer unless subsection (2), (3), (4) or
(5) applies.
(2) The carriage service
provider may recover and replace the number if this plan requires the recovery
and replacement of the number.
(3) The carriage service
provider may recover and replace the number if the customer, in writing, asks
for, or agrees to, the recovery and replacement of the number.
(4) The carriage service provider may recover and
replace the number if it would avoid modifying or replacing plant or equipment
in a way that would:
(a) have significant
technical and financial consequences for the
carriage service provider or customers; or
(b) cause significant
difficulties for the customer.
(5) The carriage service provider may apply, in writing
and giving reasons for the application, to the ACA to recover and replace the
number.
10.5 Deciding
the application
(1) The ACA must consider any matters it considers
relevant when deciding the application.
(2) The ACA must decide the application within 65 working
days of receiving it.
(3) The 65 working days do not include a period:
(a) starting when the ACA asks the applicant for
further information to allow it to consider the application; and
(b) ending when it receives information.
10.6 ACA
may ask for further information
The ACA may ask an applicant, in writing, to give
it further information on matters mentioned in the application to enable it to
decide the application.
10.7 ACA
may ask for advice from advisory committee or ACCC
In deciding whether to grant the application, the
ACA may consider a recommendation of its advisory committee or of the ACCC.
10.8 Carriage
service provider must tell customer about recovery and replacement
A carriage service provider wishing to recover and
replace a customer’s number must tell the customer that the provider wishes to
change the number.
10.9 Notification
period
(1) The period of notice for recovering and replacing a
number must be the shorter of:
(a) the time for which the customer has had the
number; and
(b) 1 year.
(2) However, the period of notice may be a reasonable
period, shorter than the period mentioned in subsection (1), if
subsection (3), (4) or (5) applies.
(3) The period may be shorter if the customer asks for
the number to be recovered.
(4) The period may be shorter if the customer was told
of the proposed recovery when the number was issued to the customer.
(5) The period may be shorter if the customer has not
used the number for a continuous period, ending immediately before
notification, that is at least as long as the period of notice under
subsection (1).
Part 4 Carriage service provider’s obligations: recovering numbers
without replacing them
Information
about Part 4
This Part sets
out the circumstances in which a carriage service provider can recover (without
replacement) a number issued to a customer.
This Part also
sets out the obligations imposed on a carriage service provider that issues a
recovered number to a new customer.
10.10 Application
of Part 4
This Part ceases to apply for a carriage service
provider when the ACA registers an industry code in the Register of Industry
Codes, kept under section 136 of the Act, that:
(a) sets out procedures that, in the ACA’s
opinion, have substantially the same effect as procedures mentioned in this
Part dealing with recovery (without replacement) of numbers; and
(b) that applies to the carriage service
provider.
10.11 Carriage
service provider must not recover numbers without replacing them
(1) A carriage service provider must not recover a
number issued to a customer (without replacement) unless an event mentioned in
this section happens.
(2) The carriage service
provider may recover the number (without replacement) if the customer, in writing, asks for, or agrees to, the
recovery of the number.
(3) The carriage service
provider may recover the number (without replacement) if the customer and the carriage service provider agree,
in writing, to transfer the number to another customer.
(4) The carriage service
provider may recover the number (without replacement) if the customer asks the carriage service provider, in
writing, to transfer the number to another customer.
(5) Subsections (3) and (4) do not require the
carriage service provider to transfer the number to another customer.
Note It is in customers’ interests to
make arrangements with their carriage service provider before asking that a
number be transferred to another customer.
(6) The carriage service provider may recover the
number (without replacement) if the carriage service provider ceases to offer:
(a) the kind of carriage service associated with the number; or
(b) the kind of
carriage service to customers in the same location as the customer.
(7) The carriage service
provider may recover the number (without replacement) if the customer does not subscribe, within a reasonable
time, to the carriage service for which the number was issued.
(8) The carriage service
provider must recover the number (without replacement) if the ACA directs the carriage service provider to
recover the number.
Note The ACA may give written directions
to a carriage service provider: see section 581 of the Act.
(9) The carriage service
provider may recover the number (without replacement) if the supply of the
carriage service to the customer is terminated, but not because of an event
mentioned in another subsection.
(10) The carriage service provider may recover the number
(without replacement) if:
(a) it was issued on a
temporary basis; and
(b) a condition of
issue was that the number would be recovered on or by a specified date.
10.12 Carriage
service provider’s obligations if issuing recovered number to another customer
(1) This section applies if a customer asks for, or
agrees to be issued with, a number that has been recovered from another
customer (the previous customer) by a carriage service provider.
(2) If the number was recovered from the previous
customer because of nuisance calls, a carriage service provider must not issue
the number to another customer for at least 1 year after the number was
recovered.
(3) In any other case, a carriage service provider must
not issue the number to another customer for at least 6 months after the number
was recovered.
(4) However, a carriage service provider may issue the
number to another customer after a shorter period if:
(a) the number was recovered for a reason other
than nuisance calls; and
(b) subsection (5), (6), (7) or (8) applies.
(5) The carriage service provider may issue the number
after a shorter period if:
(a) the carriage service provider has no other
suitable numbers for issue; and
(b) the customer to whom the number would be
issued agrees to have the number.
(6) The carriage service provider may issue the number
after a shorter period if:
(a) a customer moves into premises at which
calls to a given geographic number previously terminated; and
(b) the customer does not ask for an equivalent
new number when the service is established.
(7) The carriage service
provider may issue the number after a shorter period if:
(a) the number was issued for a business that is
still operating; and
(b) the ownership of the business has changed.
(8) The carriage service
provider may issue the number after a shorter period if:
(a) the number is to be moved from a customer to
another customer; and
(b) the new customer and the carriage service
provider agree to the issue.
Example of moving a number
A company’s mobile phone number no longer needed by the
company may be moved ‘intact’ to a staff member or other person.
Part 5 Publicising carriage service provider’s obligations
10.13 Application
of Part 5
This Part ceases to apply for a carriage service
provider when the ACA registers an industry code in the Register of Industry
Codes, kept under section 136 of the Act, that:
(a) sets out procedures that, in the ACA’s
opinion, have substantially the same effect as procedures mentioned in this
Part dealing with publicising carriage service provider’s obligations; and
(b) that applies to the carriage service
provider.
10.14 Publicising
carriage service provider’s obligations
(1) If a carriage service provider issues a number to a
customer, the provider must tell the customer, in writing, within 6 months:
(a) that the carriage service provider has
obligations to the customer in relation to that number; and
(b) that the customer can obtain information
about the obligations; and
(c) how to obtain the information.
(2) However, the carriage service provider is not
required to tell the customer about the matters mentioned in
subsection (1) if:
(a) the number issued is additional to numbers
previously issued to the customer by the provider; and
(b) the carriage service provider’s obligations
in relation to the number issued do not differ from the obligations applicable
when the provider last issued a number to the customer.
(3) The information given to a customer under
paragraph (1) (b):
(a) must explain the carriage service provider’s
obligations mentioned in this Chapter; and
(b) may include details of other conditions
imposed by the carriage service provider on using numbers issued by the
provider.
(4) The carriage service provider must also set out the
information in any telephone directory published by the provider.
Part 6 Use of numbers not to be subject to certain conditions
10.15 Application
of Part 6
This Part ceases to apply for a carriage service
provider when the ACA registers an industry code in the Register of Industry
Codes, kept under section 136 of the Act, that:
(a) sets out procedures that, in the ACA’s
opinion, have substantially the same effect as the procedures mentioned in this
Part dealing with the conditions to which the use of numbers must not be
subject; and
(b) that applies to the carriage service
provider.
10.16 Use
of numbers not to be subject to certain conditions
A carriage service provider must not make the use
of a number by a customer subject to any of the following conditions:
(a) that the customer must discharge a debt owed
to the carriage service provider by a customer who was previously issued the
number, and for whose debts the present customer is not liable;
(b) that the customer must not request the
transfer of the number to another carriage service provider;
(c) that the customer must not change carriage
service providers.
Part 7 Exemptions
Information
about Part 7
This Part sets
out circumstances in which a carriage service provider can apply to the ACA for
an exemption from obligations set out in this Chapter.
10.17 Carriage service provider may ask for
exemption
(1) A carriage service provider may, in writing, ask the
ACA to grant an exemption from complying with an obligation in this Chapter.
(2) The ACA may exempt the carriage service provider
from complying with an obligation:
(a) for all customers; or
(b) for a class of customers.
10.18 Deciding
an application for exemption
(1) The ACA must consider any matters it considers
relevant when deciding the application.
(2) The ACA must decide the application within 65 working
days of receiving it.
(3) The 65 working days do not include a period:
(a) starting when the ACA asks the applicant for
further information to allow it to consider the application ; and
(b) ending when it receives information.
10.19 ACA
may ask for further information
The ACA may ask an applicant, in writing, to give
it further information on matters mentioned in the application to enable it to
the application.
10.20 ACA
may ask for advice from advisory committee or ACCC
In deciding whether to grant the application, the
ACA may consider any recommendation of its advisory committee or of the ACCC.
Chapter 11 Number portability
|
Information about Chapter 11
This Chapter consists of the
following Parts:
·
Part 1 — Preliminary
·
Part 2 — Providing portability
·
Part 3 — Providing equivalent service to ported numbers
·
Part 4 — Rules for routing to portable numbers
·
Part 5 — Cancellation of service
·
Part 6 — Exemptions from obligations
·
Part 7 — Management of portable numbers, and
reporting
|
Part 1 Preliminary
11.1 Purpose
of Chapter 11
(1) Under paragraph 455 (5) (d) of the Act,
this plan may set out rules about portability of allocated numbers (including
rules about the maintenance of, and access to, databases that facilitate
portability).
(2) Under subsection 458 (1) of the Act, the ACA
must not make a numbering plan that sets out rules about portability of
allocated numbers unless the ACA is directed to do so by the ACCC under
subsection 458 (2).
(3) Under subsection 458 (4) of the Act, the ACA
must exercise its powers under section 455 of the Act in a manner consistent
with any directions given by the ACCC under subsection (2).
(4) The ACCC has directed the ACA to make a numbering
plan setting out rules about portability of allocated numbers in written
directions dated 22 September 1997 and 15 November 2000.
(5) This Chapter sets out rules for portability of
allocated numbers.
11.2 Definitions
equivalent service see section 11.10.
implementation date:
(a) for a portable service — see section
11.5; and
(b) for a portable number or a ported
number — means the implementation date for the portable service for which
the number is used.
new provider or carrier see paragraph 11.3
(1) (c).
non‑ported number means a portable
number that has not been ported.
number portability means the right of a
customer receiving a service in relation to a number within particular number
ranges to change either the carriage service provider involved in providing the
service, the carrier network involved in providing the service, or both, and
retain the same telephone number.
port see paragraph 11.3 (1) (a).
portable number means an allocated
number that is used in connection with the supply of a portable service.
portable service see section 11.4.
ported number means a portable number that
has been ported.
relevant mobile service means public mobile
telecommunications service other than:
(a) an analogue AMPS service; or
(b) a satellite telephone service for which this
plan specifies a distinct satellite number.
11.3 Porting
(1) For this Chapter:
(a) an allocated number issued to a customer for
a portable service is ported if either the carriage service
provider involved in providing the service, the carrier network involved in
providing the service, or both, are changed while the customer continues to
receive a service of that kind using the number; and
(b) each of:
(i) the carriage service provider
involved in providing the service before the number is ported; and
(ii) the carrier involved in providing
the service before the number is ported;
is the customer’s old provider or
carrier in relation to the number; and
(c) each of:
(i) the carriage service provider
involved in providing the service after the number is ported; and
(ii) the carrier involved in providing
the service after the number is ported;
is the customer’s new provider or
carrier in relation to the number; and
(d) the old provider or carrier ports
the number if it does everything that is necessary on its part to ensure that
the new provider or carrier is able to do its part in providing the service to
the customer.
(2) For paragraph (1) (d):
(a) the ACA may, at its discretion, determine
what is necessary in a particular case, or in a class of cases; and
(b) a carriage service provider or carrier may
request the ACA to exercise its discretion under paragraph (a).
11.4 Portable
services
(1) The following are portable services
for this plan:
(a) a local service, provided using numbers
specified in Schedules 2 and 3;
(b) a freephone service, provided using numbers
specified in Schedule 4A;
(c) a local rate service, provided using numbers
specified in Schedule 4B;
(d) a relevant mobile service, provided using
numbers specified in Schedule 4 for use in conjunction with a digital mobile
service.
(2) A paging service is not a portable service
for this plan.
11.5 Implementation
dates for number portability
(1) The ACA may determine the date (the implementation
date) by which a carrier or carriage service provider must implement
number portability for portable services in relation to 1 or more customers.
(2) In making a determination under subsection (1),
the ACA must have regard to the following matters:
(a) the network capacity of the carrier or
carriage service provider;
(b) the support systems available to the carrier
or carriage service provider;
(c) other matters that are relevant to giving
effect to number portability.
Note The following implementation dates
for the portable services shown were specified under earlier versions of this
section:
(a) for a local service — 1 January 2000;
(b) for a freephone service — 16 November 2000;
(c) for a local rate service — 16 November 2000;
(d) for a relevant mobile service — 25 September 2001.
11.6 Public
notice period for implementation date
(1) At least 44 working days before an implementation
date, the ACA must cause to be published, in a newspaper circulating in each
State, a notice stating the date and the portable services to which the date
applies.
(2) In this section, State includes the
Northern Territory and the Australian Capital Territory.
11.7 Application
of Chapter 11 to carriage service providers and carriers
The obligations under this Chapter on a carriage
service provider or carrier in relation to a portable number apply on and after
the implementation date for the portable service to which the number relates.
Note See section 11.5 for implementation
dates.
`
Part 2 Providing
portability
Information about Part 2
Part 2 sets out
rules about the portability of allocated numbers. It sets out procedures which
carriage service providers and carriers must follow to ensure that customers
receive number portability.
This Part also
includes provisions about when number portability must be provided.
11.8 Technical capability and technology
A carriage service provider or carrier that is
involved in providing a portable service must ensure that, from the
implementation date:
(a) it has the technical capability required to
provide number portability for the portable service; and
(b) it has technology available for use within
its network to provide number portability in a way that provides equivalent
service and enables end‑to‑end connectivity.
Note The ACA may grant exemptions from
this obligation under section 11.18.
11.9 Carriage service providers and carriers
must provide number portability to customers
(1) A carriage service provider or carrier that is
involved in providing a customer with the carriage service in relation to a
portable number must provide number portability to the customer in relation to
the number.
(2) The carriage service provider or carrier must port
the number to a new provider or carrier if:
(a) the customer asks the carriage service
provider for this to be done; or
(b) the new provider or carrier, at the
customer’s request, asks the carriage service provider or carrier for this to
be done.
(3) The carriage service provider or carrier, when
asked to port the number, must:
(a) port it to the new provider or carrier as
soon as practicable, or at a time agreed with the customer or the new provider
or carrier; and
(b) ensure that no action or inaction on its part
prevents the customer from keeping the same portable number when changing to
the new provider or carrier.
(4) For paragraph (3) (a):
(a) the ACA may, at its discretion, determine
the time that is practicable in a particular case, or in a class of cases; and
(b) a carriage service provider or carrier may
request the ACA to exercise its discretion under paragraph (a).
(5) In making a determination under subsection (4), the
ACA must have regard to the following matters:
(a) the network capacity of the carriage service
providers and carriers concerned;
(b) the support systems available to the carriage
service providers and carriers concerned;
(c) any other matters relevant to providing
number portability.
(6) If:
(a) the ACA has registered an industry code, in
the Register of Industry Codes kept under section 136 of the Act, that:
(i) includes a provision dealing with
the period within which a port must be made (the code provision); and
(ii) applies to a carriage service
provider or carrier asked to port a number; and
(b) there is no determination under paragraph 4
(a) that applies to the request;
the carriage service provider or carrier is taken to comply with
paragraph 3 (a) if it complies with the code provision.
Part 3 Providing
equivalent service to ported numbers
Information about
Part 3
Part 3 sets out
rules to ensure that a customer using or calling a ported number receives a
service that is equivalent to the service provided by the customer’s new
carriage service provider to non‑ported numbers.
11.10 Meaning of equivalent service
A carriage service provided by a carriage service
provider in relation to a ported number is an equivalent service
only if any differences, in quality, reliability, services or features, between
it and a carriage service that it provides in relation to a non‑ported
number:
(a) will not be apparent to a customer; or
(b) if they are apparent to a customer —
will not affect the customer’s choice of carriage service provider.
11.11 Obligation
to ensure that an equivalent service is provided
(1) A carriage service provided by a carriage service
provider to its customers who use ported numbers must be an equivalent service,
to the extent that it is within the control of the carriage service provider.
(2) If a carriage service provider or carrier is
involved in routing a call to or from a ported number, it must, to the extent
that it is within its control, ensure that:
(a) no action or inaction by the carriage
service provider or carrier prevents the customer’s new carriage service
provider from providing an equivalent service in relation to the ported number;
and
(b) no action or inaction by the carriage service
provider or carrier prevents a customer, when using or calling the ported
number, from receiving a carriage service that is an equivalent service.
Note A carriage service provider or
carrier may be involved in routing a call to or from a ported number if it:
(a) is a donor party, a losing party or gaining party; or
(b) provides:
(i) originating
access for calls to or from the number; or
(ii) transit service
delivery for calls to or from the number; or
(iii) terminating
access for calls to or from the number.
(3) In determining whether a carriage service is an
equivalent service, the ACA may have regard to the following matters:
(a) any relevant criteria that have been
specified by the ACA for the purpose of identifying an equivalent service;
(b) the network capacity of the carriage service
providers and carriers concerned;
(c) the support systems available to carriers
and carriage service providers;
(d) any other matters the ACA considers relevant
to providing number portability.
Part 4 Rules
for routing to portable numbers
Information
about Part 4
This Part sets
out obligations, imposed on carriage service providers and carriers, about
routing calls to portable numbers. The object of these obligations is to
achieve any‑to‑any connectivity for customers using the numbers; in
particular, to enable calls to portable numbers to be completed successfully
and efficiently.
11.12 Purpose
of Part 4
This Part sets out rules and arrangements about
routing of calls to portable numbers on and after the implementation dates for
the numbers, by establishing the principal responsibilities of carriage service
providers and carriers responsible for routing calls.
|
Role of carriage service providers and carriers
Routing telephone calls over a
public telecommunications network operated by a carrier may put a carriage
service provider or carrier in any of the following roles:
·
providing originating access
·
providing transit service delivery
·
providing terminating access.
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11.13 Routing
arrangements
(1) A carriage service provider or carrier must not
prevent, by its action or inaction in routing calls to or from a ported number,
the provision of an equivalent service in relation to the number.
(2) In this section, a carriage service provider or
carrier fulfils the routing responsibility in relation to a call
to a portable number if it enables call completion to the number by:
(a) routing the call appropriately; or
(b) ensuring correct routing of the call to the
appropriate carriage service provider or carrier for calls to the number.
(3) The originating access carriage service provider has
the routing responsibility in relation to a call to a portable number except to
the extent that one of subsections (4) to (7) applies.
(4) If pre‑selection of a carriage service
provider, or use of a pre‑selection over‑ride code, was applied to
the call, the calling party’s pre‑selected carriage service provider has
the routing responsibility.
(5) If the call is an incoming call originating outside
Australia, the first carriage service provider or carrier in Australia
receiving the incoming overseas call to the number has the routing
responsibility.
(6) If the call involves number translation from the
dialled number to the appropriate network address to enable correct routing (eg
for numbers used in connection with the supply of freephone or local rate
services), the carriage service provider or carrier providing the translation
service has the routing responsibility from the point at which the translation
is applied.
(7) If the call is being diverted from one number to
another, the carriage service provider or carrier providing the diversion
service has the routing responsibility from the point at which the diversion
begins.
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Information about routing records
The porting of a portable number may mean that an access,
transit or terminating service deliverer has to carry out a number analysis
when it routes a call. The analysis allows the identification of the service
deliverer responsible for accessing, transiting or terminating a call to the
number.
Accurate records of numbers in
use in ranges for which number portability is implemented will make it easier
to route a call to a ported number, and will help to audit portable numbers.
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Part 5 Cancellation of service
Information about
Part 5
This Part sets
out obligations on carriage service providers when a customer cancels a
carriage service in connection with which a portable number has been ported.
11.15 Cancellation
of service to a ported number
(1) This section applies if:
(a) a number was ported from one carriage
service provider to another; and
(b) after the implementation date for the number,
the customer cancels the service to which the ported number relates.
(2) The carriage service provider to which the number
was ported must:
(a) if the number is a freephone number or a
local rate number — surrender the number to the ACA; or
(b) in any other case — notify each
relevant carriage service provider and carrier of:
(i) the holder of the number; and
(ii) the carrier nominated by the
holder of the number as the carrier that will terminate calls to that number.
(3) If paragraph (2) (b) applies, the number is
taken also to have been ported to that carriage service provider.
Note In the industry, the notification is
called a port give back.
Part 6 Exemptions
from obligations
Information
about Part 6
This Part allows
a carriage service provider or carrier to apply to the ACA for an exemption
from the obligations in this Chapter and sets out procedures that the ACA must
follow in deciding whether or not to grant an exemption.
11.16 Purpose
of Part 6
This Part empowers the ACA to grant exemptions to
carriage service providers or carriers from requirements in this Chapter about
portability.
11.17 Applications
for exemptions
(1) A carriage service provider or carrier that expects
not to be able to meet its obligations under this Chapter relating to portable
numbers or number portability may apply to the ACA, in writing, for an
exemption from the obligations.
(2) The application must include a statement of:
(a) the period for which the applicant would
like the exemption to be granted; and
(b) the obligations under this Chapter for which
the applicant would like the exemption to be granted.
(3) The application must also include reasons (supported
by documented evidence, if practicable) why the applicant is unable to meet its
obligations by the action date.
(4) The application must also include a detailed
statement of the actions the applicant took to try to meet its obligations by
the action date.
(5) The application must also include the exchanges or
geographic areas for which the exemption is requested (if applicable).
(6) The application must also include the time by which
the applicant believes it can complete any network or other requirements to
meet its obligations, including a list of proposed key dates before that time.
11.17A Consultation
with ACCC
(1) If the ACA receives an application under section
11.17, the ACA must decide, not later than 5 working days after receiving the
application, whether to consult the ACCC in relation to whether or not it would
be in the long‑term interests of end‑users to grant the
application.
(2) If the ACA decides to consult the ACCC, the ACA must
give the ACCC a copy of the application not later than 5 working days after
receiving it.
11.17B Request for further information
(1) The ACA may request further information from an
applicant at any time.
(2) If the ACA decides to consult the ACCC under section
11.17A, the ACA must consult the ACCC before requesting further information
from an applicant.
(3) The ACA may:
(a) nominate a date by which the information it
requests must be provided; and
(b) extend a nominated date at any time.
(4) If the ACA nominates a date for subsection (3):
(a) the ACA is not required to consider
information that is provided after that date; and
(b) the application lapses if the applicant fails
to provide the requested information by that date.
11.18 ACA
may grant exemptions
(1) The ACA may, in writing, grant exemptions for a
carriage service provider, a carrier, or for classes of carriage service
providers or carriers, from:
(a) a requirement in this Chapter to provide
number portability; or
(b) any other requirement in this Chapter about
portable numbers.
(2) An exemption may apply:
(a) for a specified period; or
(b) for specified purposes; or
(c) for a specified customer or class of
customers; or
(d) subject to specified conditions.
Examples of types of exemptions
1 An exemption from providing number
portability for numbers used in connection with the supply of carriage services
mentioned in the exemption.
2 An exemption from providing number
portability for particular allocated numbers mentioned in the exemption.
3 An exemption from providing number
portability to a particular portable service.
4 An exemption from providing number
portability in relation to customers of carriage service providers mentioned in
the exemption.
5 An exemption about equivalent services
to be supplied for a portable number after it is transferred.
6 An exemption about equivalent services
to be provided to the customers of each other carriage service provider using
ported and non‑ported numbers.
11.19 Deciding
an application for exemption
(1) The ACA must decide an application for exemption
within 65 working days of receiving it.
(2) The 65 working days does not include the period:
(a) starting when the ACA asks the applicant for
further information to allow it to consider the application; and
(b) ending when it receives the information.
(3) The ACA must have regard to the following matters
in considering the application:
(a) the network capacity of a carriage service
provider or carrier (which does not have to be the carriage service provider or
carrier that made the application);
(b) the support systems available to a carriage
service provider or carrier (which does not have to be the carriage service
provider or carrier that made the application);
(c) other matters that the ACA considers are
relevant to providing number portability.
(4) If the ACA consulted the ACCC, the ACA must also:
(a) have regard to the ACCC’s comments on the
long‑term interests of end‑users; and
(b) give the ACCC all relevant information,
documents and records in relation to the application.
(5) The ACA must approve an exemption from a requirement
if satisfied that it is not practicable for the applicant to meet the
requirement.
(6) The ACA may approve an exemption if satisfied that
it would be in the long‑term interests of end‑users to grant the
exemption.
(7) The ACA must not approve an exemption in any other
circumstances.
(8) An approval must:
(a) be in writing; and
(b) describe each obligation from which the
applicant is exempted; and
(c) include any conditions to which the approval
is subject.
11.20 Compliance
with the Chapter after applying for an exemption
If a carriage service provider or carrier applies
to the ACA for an exemption, the applicant does not have to comply with the
requirements of this Chapter for which exemption is sought until the ACA tells
the carriage service provider of its decision on the application.
Note Paragraph 11.17B (4) (b)
provides that an application will lapse if the applicant fails to provide
information requested by the ACA by the date nominated by the ACA.
11.21 Notice
of decision about exemption
(1) If the ACA decides to grant the exemption, it must,
as soon as practicable, cause to be published in a newspaper circulating in
each State and Territory, a notice stating:
(a) that the ACA has made a decision on an
application for an exemption; and
(b) how a copy of the text of the decision can be
obtained.
(2) If the ACA decides to grant the exemption, it must
give a copy of the exemption to any person whom the ACA believes may have an
interest in the decision.
Part 7 Management of portable numbers, and reporting
Division 1 Registers of
portable numbers
11.22 Carriage
service provider’s register of portable numbers
(1) A carriage service provider must make and keep a
register of the portable numbers allocated to it that have been ported.
(2) For each number that has been ported the register
must identify the carriage service provider to which it has been ported.
(3) The carriage service provider must make the
register available for inspection by:
(a) other carriage service providers and
carriers; and
(b) the ACA.
(4) The carriage service provider may enter into an
agreement or other arrangement with other carriage service providers or
carriers to make and keep the register.
11.23 Keeping
the register up to date
(1) The register must be updated at least once during each business day.
(2) Subsection (1) ceases to apply for a carriage
service provider when the ACA registers an industry code, in the Register of
Industry Codes kept under section 136 of the Act, that:
(a) in the ACA’s opinion, has substantially the
same effect as that subsection; and
(b) applies to the carriage service provider.
Division 2 Management of
number portability
11.25 Progress
reports about number portability
(1) The ACA must, every 6 months after specifying an
implementation date for a portable service, report to the ACCC under this
section.
(2) Before the implementation date, the ACA must report
on the progress of carriage service providers and carriers towards implementing
number portability by the implementation date.
(3) After the implementation date, the ACA must report
on the provision of number portability by carriage service providers and
carriers under this Chapter.
(4) To avoid doubt, an implementation date mentioned in
subsection 11.5 (2) was specified for the purposes of subsection (1)
when it was fixed under section 11.6 as in force before the commencement of the
Telecommunications Numbering Plan Amendment 2001 (No. 2).
11.26 Reports
about failure to provide number portability
The ACA must tell the ACCC, in writing, about a
carriage service provider or carrier that does not provide number portability
in accordance with this plan.
Division 3 Reports about
digital mobile phone numbers
11.27 Definitions for Division 3
In this Division:
allocated prefix means a class of numbers that the ACA has allocated for a
digital mobile service.
annual numbering charge means charge imposed under Part 3 of the Telecommunications
(Numbering Charges) Act 1997.
permanently transferred prefix means a class
of numbers that a carriage service provider has transferred to another carriage
service provider:
(a) in accordance with
subsection 5A (2) of the Telecommunications (Numbering Charges) Act
1997; and
(b) to be used for
digital mobile services on the other carriage service provider’s network.
Type 1 holder means a carrier:
(a) that is a carriage
service provider that holds, on a day, a number to which an allocated prefix or
a permanently transferred prefix relates; and
(b) that:
(i) if
annual numbering charge is imposed on the number on that day — is liable
to pay annual numbering charge on the number; or
(ii) if annual
numbering charge is not imposed on the number on that day — would be
liable to pay annual numbering charge on the number if that charge were imposed
on that day.
Note Annual numbering charge for certain
numbers is imposed on a day worked out in accordance with the Telecommunications
(Numbering Charges) Act 1997. A carriage service provider that holds a
number on a particular day is the provider that would be liable to pay
numbering charge if the charge were imposed on that day.
Type 1 report means a report mentioned in subsection 11.28 (1).
Type 2 report means a report mentioned in subsection 11.29 (1).
11.28 Type 1 report
(1) The ACA must, in
writing, approve the form and content of a report (a Type 1 report)
to be prepared by a carrier that is:
(a) a carrier in
relation to a relevant mobile service; and
(b) a carriage service provider to which:
(i) the ACA
has allocated an allocated prefix; or
(ii) another
carriage service provider has transferred a permanently transferred prefix.
(2) A Type 1 report must
identify:
(a) the carrier
mentioned in subsection (1); and
(b) the allocated
prefix or permanently transferred prefix; and
(c) each Type 1 holder
in relation to the allocated prefix or permanently transferred prefix; and
(d) how many numbers
the Type 1 holder holds in relation to the allocated prefix or permanently
transferred prefix.
(3) A Type 1 report must state
that the carrier preparing the report is not required:
(a) to identify itself when providing
information for paragraph (2) (c); and
(b) to identify how many numbers it holds when
providing information for paragraph (2) (d).
(4) A Type 1 report may deal
with other matters relating to the purposes mentioned in subsection
11.32 (1).
(5) The ACA must, in writing,
approve 1 or more ways in which a Type 1 report is to be given to the ACA.
11.29 Type 2 report
(1) The ACA must, in
writing, approve the form and content of a report (a Type 2 report)
to be prepared by a carriage service provider that:
(a) is a Type 1 holder
that has been identified in a Type 1 report; and
(b) is a carrier whose
network is used by 1 or more other carriage service providers to supply a
digital mobile service; and
(c) has transferred a
number to which an allocated prefix or permanently transferred prefix relates
to another carriage service provider, in accordance with subsection 5A (2) of
the Telecommunications (Numbering Charges) Act 1997, for use on the Type
1 holder’s network to supply a digital mobile service.
(2) A Type 2 report must
identify:
(a) the carrier
mentioned in subsection (1); and
(b) each carriage
service provider:
(i) that
supplies a digital mobile service using the Type 1 holder’s network; and
(ii) that
holds a number, in relation to the digital mobile service, to which an allocated
prefix or permanently transferred prefix relates; and
(iii) that:
(A) if
annual numbering charge is imposed on the number on that day — is liable
to pay annual numbering charge on the number; or
(B) if
annual numbering charge is not imposed on the number on that day — would
be liable to pay annual numbering charge on the number if that charge were
imposed on that day; and
(c) how many of those
numbers the carriage service provider mentioned in paragraph (b) holds.
(3) A Type 2 report must state that the carriage service
provider preparing the report is not required:
(a) to identify itself when providing
information for paragraph (2) (b); and
(b) to identify how many numbers it holds when
providing information for paragraph (2) (c).
Note Annual numbering charge for certain
numbers is imposed on a day worked out in accordance with the Telecommunications
(Numbering Charges) Act 1997. A carriage service provider that holds a
number on a particular day is the provider that would be liable to pay numbering
charge if the charge were imposed on that day.
(4) A Type 2 report may deal
with other matters relating to the purposes mentioned in subsection
11.32 (1).
(5) The ACA must, in writing,
approve 1 or more ways in which a Type 2 report is to be given to the ACA.
11.30 Compulsory Type 1 or Type 2 report
(1) A carriage service
provider to which subsection 11.28 (1) applies must give to the ACA a Type
1 report within 10 working days after the day
determined under subsection 18 (2) of the Telecommunications (Numbering
Charges) Act 1997.
(2) A carriage service
provider to which subsection 11.29 (1) applies must give to the ACA a Type
2 report within 10 working days after the day
determined under subsection 18 (2) of the Telecommunications (Numbering
Charges) Act 1997.
(3) The carriage service
provider must:
(a) prepare the report
using the approved form; and
(b) give the report to
the ACA in an approved way.
Note The form of a Type 1 report, and the way
to give it to the ACA, are approved by the ACA under section 11.28. The form of
a Type 2 report, and the way to give it to the ACA, are approved by the ACA
under section 11.29.
11.31 Request for Type 1
or Type 2 report
(1) The ACA may, in
writing:
(a) request a carriage
service provider to which subsection 11.28 (1) applies to give to the ACA
a Type 1 report; or
(b) request a carriage
service provider to which subsection 11.29 (1) applies to give to the ACA
a Type 2 report.
(2) The request must state
that the carriage service provider must give the report within 20 working days
after the date of the request.
(3) The carriage service
provider must:
(a) prepare the report
using the approved form; and
(b) give the report to
the ACA in an approved way; and
(c) give the report to
the ACA within 20 working days after the date of the request.
Note The form of a Type 1 report, and the way
to give it to the ACA, are approved by the ACA under section 11.28. The form of
a Type 2 report, and the way to give it to the ACA, are approved by the ACA
under section 11.29.
11.32 Using Type 1 or
Type 2 report
(1) The ACA must use a
Type 1 or Type 2 report only:
(a) to identify the
holder of a number to which annual numbering charge applies; or
(b) to work out
correctly an amount of numbering charge; or
(c) to administer
numbering charge correctly.
(2) If the ACA is not
given a Type 1 or Type 2 report within the period for giving the report, the
ACA may rely on information available to it:
(a) to identify the
holder of a number to which annual numbering charge applies; or
(b) to work out an
amount of numbering charge; or
(c) to administer
numbering charge.
Note If the ACA acts on inaccurate
information, because it has not been given a Type 1 or Type 2 report, the ACA
may attempt to recover annual numbering charge in respect of a particular
number from a carriage service provider that is not liable to pay it.
To avoid this, it is in each carriage
service provider’s interests to comply with a request for a Type 1 or Type 2
report so that the ACA has accurate information about numbers.
Chapter 12 Review of decisions
12.1 Purpose
of Chapter 12
This Chapter sets out the processes for:
(a) internal reconsideration by the ACA of its
decisions under this plan; and
(b) review by the Administrative Appeals Tribunal
of a reconsidered decision of the ACA.
12.2 Decisions
that may be subject to reconsideration by the ACA
An application may be made to the ACA for
reconsideration of a decision made by the ACA under this plan (other than a
decision made by the ACA under this Chapter) and mentioned in Schedule 11.
12.3 Deadlines
for reaching certain decisions
(1) This section applies to a decision of a kind
referred to in section 12.2.
(2) If this plan provides for a person to make an
application to the ACA for such a decision, the ACA must make the decision:
(a) within the period:
(i) mentioned
in the provision that confers the decision‑making power; or
(ii) mentioned
in arrangements that are approved for the purposes of the matter to which the
decision relates; or
(b) if the ACA has, within that time, given the
applicant a written request for further information about the
application — within 20 working days after receiving that further
information (unless another period is mentioned in the provision that confers the
decision‑making power).
(3) The ACA is taken, for the purposes of this Chapter,
to have made a decision to refuse the application if it has not told the
applicant of its decision before the end of the period mentioned in
paragraph (2) (a) or (b), as the case requires.
12.4 Statements
to accompany notification of decision
(1) If the ACA makes a decision of a kind referred to in
section 12.2, it must give written or electronic notice of the decision to a
person whose interests it affects.
(2) A notice given under subsection (1) must include:
(a) a statement to the effect that a person
affected by the decision may, if he or she is dissatisfied with the decision,
seek a reconsideration of the decision by the ACA under subsection
12.5 (1); and
(b) a statement to the effect that, if a person
who has applied for a reconsideration is dissatisfied with the ACA’s decision
on the reconsideration:
(i) subject to the Administrative
Appeals Tribunal Act 1975, application may be made to the Administrative
Appeals Tribunal for review of the decision on that reconsideration; and
(ii) the person may request a statement
under section 28 of that Act in relation to the decision on that
reconsideration.
(3) Failure to comply with this section does not affect
the validity of a decision.
12.5 Applications for reconsideration of
decisions
(1) A person affected by a decision mentioned in section
12.2 who is dissatisfied with the decision may apply to the ACA for the ACA
reconsideration of the decision.
(2) The application must:
(a) be in a form approved in writing by the ACA;
and
(b) set out the reasons for the application.
(3) The application must
be made within:
(a) 20 working days after the applicant is
informed of the decision; or
(b) if, either before or after the end of that
period of 20 working days, the ACA extends the period within which the
application may be made — the extended period for making the application.
(4) An approved form of an application may provide for
verification by statutory declaration of statements in applications.
12.6 Reconsideration by the ACA
(1) On receipt of an
application for reconsideration, the ACA must:
(a) reconsider
the decision; and
(b) affirm, vary or revoke the decision.
(2) The ACA’s decision has effect as if it had been made
under the provision under which the original decision was made.
(3) The ACA must notify the applicant of its decision
and the reasons for it.
12.7 Deadlines
for reconsiderations
(1) The ACA must make its decision on reconsideration
within 65 working days after receiving an application for reconsideration.
(2) The ACA is taken, for the purposes of this Part, to
have made a decision affirming the original decision if it has not informed the
applicant of its decision on the reconsideration before the end of the period
of 65 working days.
12.8 Statements to accompany notification of
decisions on reconsideration
(1) A notice under
subsection 12.6 (3) notifying the applicant that a decision has been
affirmed or varied must include:
(a) a statement to the effect that a person
affected by the decision may, subject to the Administrative Appeals Tribunal
Act 1975, if he or she is dissatisfied with the decision, apply to the
Administrative Appeals Tribunal for review of the decision; and
(b) a statement to the effect that the person may
request a statement under section 28 of that Act in relation to the decision.
(2) Failure to comply with this section does not affect
the validity of a decision.
12.9 Review by the Administrative Appeals
Tribunal
Applications may be made to the Administrative
Appeals Tribunal to review a decision mentioned in section 12.2 if the ACA has
affirmed or varied the decision under section 12.6.
Chapter 13 Numbers taken to have been allocated
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Information about Chapter 13
Carriage service providers held many number ranges allocated
before this numbering plan. Subsection 75 (1) of the Telecommunications
(Transitional Provisions and Consequential Amendments) Act 1997 allows
those numbers to be specified and declared to have been allocated.
Chapter 13 declares specified numbers that are taken to have
been allocated to specified persons on the commencing day.
The numbers, the persons and additional information are
published by the ACA separately as a supplement to the plan.
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Part 1 Purpose of Chapter 13
13.1 Purpose
of Chapter 13
For subsection 75 (1) of the Telecommunications
(Transitional Provisions and Consequential Amendments) Act 1997, this
Chapter provides for the declaration of specified numbers taken to have been
allocated to specified persons on the commencing day.
Part 2 Declaration
of numbers
13.2 Declaration
of numbers
(1) A number, or a class of numbers, (the prefix)
specified in Schedule 12 is declared to be a number, or a class of
numbers, taken to have been allocated to a person on the commencing day.
(2) However, subsection (1) does not apply to:
(a) a special services number starting with the
prefix ‘12711’ or ‘1815’; or
(b) a data number starting with the prefix
‘50560’, ‘50568’ or ‘50569’.
Note Although these prefixes are
mentioned in the document, numbers associated with the prefixes were not, in
fact, taken to have been allocated on 30 December 1997.
13.3 Person
to whom numbers are taken to have been allocated
The person to whom a prefix mentioned in section
13.2 is taken to have been allocated is the carriage service provider (the organisation)
specified for that prefix in Schedule 12.
13.4 Other
information
Schedule 12 sets out the following information
about a specified prefix taken to have been allocated:
(a) the length of the number (the digit length
of the numbers to be generated from a specified prefix);
(b) the type of service in connection with which
the number is taken to have been allocated;
(c) the date of allocation of the number;
(d) the standard zone unit within which a block
of geographic numbers must be used, if applicable.