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 ACMA 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) ACMA 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 ACMA under this Part during that
period (for example, notifying ACMA 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 ACMA has made the first declaration of
numbers under section 3.39.
Until that declaration is made, ACMA’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) ACMA must not
delegate to a body corporate ACMA’s powers and functions in this Part relating
to the registration of carriage service providers unless:
(a) ACMA is satisfied
that the body will register providers only in accordance with rules and
arrangements approved by ACMA; and
(b) the body has
entered into a written agreement with ACMA relating to matters including:
(i) the
notification of ACMA about proposed changes to those approved rules and
arrangements; and
(ii) the
manner in which the body will perform the powers and functions.
(2) ACMA must not
delegate to a body corporate ACMA’s powers and functions under this Part
relating to the allocation of numbers unless:
(a) ACMA 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) ACMA is satisfied
that the body will allocate the numbers only in accordance with rules and
arrangements approved by ACMA; and
(c) the body has
entered into a written agreement with ACMA relating to matters including:
(i) the
notification of ACMA 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, ACMA may,
by writing, delegate any or all of the powers conferred on ACMA 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:
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Column 1
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Shows the number, or the first digits of the number (the prefix)
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Column 2
|
Describes the structure for the number
|
|
Column 3
|
Explains whether an incoming call from outside Australia
may be routed to the number
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(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:
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Column 1
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Shows the number, or the first digits of the number (the prefix)
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Column 2
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Describes the structure for the number
|
|
Column 3
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Describes any limits on the use of the number
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|
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 in Schedule 4C in the following way:
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Column 1
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Shows the number, or the first digits of the number (the prefix)
|
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Column 2
|
Describes the structure for the number and explains (in
italics) special arrangements (if any) for use of the number
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|
Column 3
|
Describes the limits on the use of the number
Note The supply of age‑restricted services is limited to
prefixes 195 and 196 only.
|
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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 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.
3.37A Prefixes
for age‑restricted services
(1) A mobile carriage
service provider must not supply an age‑restricted service by way of a premium
SMS or MMS service otherwise than on a number with the prefix 195 or 196.
(2) A mobile carriage service provider is taken not to
have contravened subsection (1) if, at the time the age‑restricted service
was supplied, the carriage service provider:
(a) did not know; and
(b) could not, with reasonable diligence, have
found out;
that it was supplying an age‑restricted service by way of a premium
SMS or MMS service otherwise than on a number with the prefix 195 or 196.
(3) For subsection (2), in determining whether a mobile
carriage service provider could, with reasonable diligence, have found out that
it was supplying an age‑restricted service by way of a premium SMS or MMS
service otherwise than on a number with the prefix 195 or 196, ACMA must have
regard to the following matters:
(a) whether the content service provider that
supplied the age‑restricted service by way of the premium SMS or MMS service is
under any contractual obligation to notify the mobile carriage service provider
of the nature of the content supplied;
(b) whether the
mobile carriage service provider does any of the following:
(i) monitoring, or arranging for the
monitoring of, advertisements for premium SMS or MMS services broadcasted on
television or radio or appearing in newspapers or magazines where such
advertisements are likely to be found;
(ii) checking, or
arranging for the checking of, those advertisements against the content of the
services being advertised;
(c) any other matter that ACMA considers
relevant.
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) ACMA 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) ACMA 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) ACMA 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) ACMA
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 ACMA 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, ACMA 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) ACMA may tell any person
whom it considers may have an interest in the declaration, about the
declaration.
(7) ACMA 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) ACMA 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) ACMA 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) ACMA
may, in writing, approve arrangements for ACMA to offer an option for making
applications for registration by electronic means.
Note Registration will be carried out manually
after this Division commences, but ACMA 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 ACMA, 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) ACMA must, within 14 days
after receiving the application, approve it or refuse it.
(2) ACMA 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 ACMA approves the
application, ACMA 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) ACMA must refuse the
application if the carriage service provider does not meet the requirements of
subsection (2).
(5) If ACMA refuses the
application, ACMA 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
ACMA 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) ACMA 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 ACMA 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 ACMA:
(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 ACMA’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 ACMA to specify, in writing, the period mentioned
in subsection (4).
(6) The approved
arrangements must include arrangements for ACMA 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 ACMA considers the application;
(d) the number is a
quarantined number when ACMA 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 3 months
before the date of the application or the notification, and ACMA 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 ACMA within the reservation period; and
(ii) ACMA has
not declared that the number may again be allocated to the provider;
(j) ACMA 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 ACMA has not declared that the number may
again be allocated to the provider;
(k) ACMA has previously
withdrawn the number from the registered carriage service provider because the
number was not placed in service for a particular period, and ACMA has not
declared that the number may again be allocated to the provider;
(l) ACMA has previously withdrawn the number
from the registered carriage service provider in compliance with an order made
by a court, and ACMA 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 3
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 ACMA 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 ACMA 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 ACMA 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 ACMA; or
(b) by a delegate of
ACMA; or
(c) by ACMA and a
delegate taking responsibility for different parts of the procedure.
3.49 Eligibility
After ACMA 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 ACMA 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 ACMA
has specified a period of extension that is to apply to all applications, ACMA
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 ACMA that the provider wishes to confirm the allocation; or
(b) the provider may
surrender the reserved number to ACMA; or
(c) if the provider
does not notify ACMA, 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 ACMA 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 ACMA 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
ACMA 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) ACMA 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 ACMA 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 ACMA:
(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 ACMA’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 ACMA to specify, in writing, the period mentioned
in subsection (4).
(6) The approved
arrangements must include arrangements for ACMA 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 ACMA considers the
application;
(d) the number is a
quarantined number when ACMA 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 3
months before the date of the application or the notification, and ACMA 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 ACMA within the reservation period; and
(ii) ACMA has
not declared that the number may again be allocated to the provider;
(j) ACMA 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 ACMA has not declared that the number may
again be allocated to the provider;
(k) ACMA has previously
withdrawn the number from the registered carriage service provider because the
number was not placed in service for a particular period, and ACMA has not
declared that the number may again be allocated to the provider;
(l) ACMA has previously
withdrawn the number from the registered carriage service provider in
compliance with an order made by a court, and ACMA 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 3
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 ACMA 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 ACMA 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 ACMA 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 ACMA; or
(b) by a delegate of
ACMA; or
(c) by ACMA and a
delegate taking responsibility for different parts of the procedure.
3.61 Eligibility
After ACMA 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 ACMA 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 ACMA
has specified a period of extension that is to apply to all applications, ACMA
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 ACMA that the provider wishes to confirm the allocation; or
(b) the provider may
surrender the reserved number to ACMA; or
(c) if the provider
does not notify ACMA, 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 ACMA 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) ACMA 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 ACMA 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 ACMA 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 ACMA 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 ACMA considers the application;
(d) the number is a
quarantined number when ACMA 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 3 months before the
date of the application, and ACMA 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 ACMA within the reservation period; and
(ii) ACMA has
not declared that the number may again be allocated to the provider;
(j) ACMA
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 ACMA has not declared that the number
may again be allocated to the provider;
(k) ACMA has previously
withdrawn the number from the registered carriage service provider because the
number was not placed in service for a particular period, and ACMA has not
declared that the number may again be allocated to the provider;
(l) ACMA has
previously withdrawn the number from the registered carriage service provider
in compliance with an order made by a court, and ACMA 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 3
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 ACMA 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 ACMA 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 ACMA 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 ACMA; or
(b) by a delegate of
ACMA; or
(c) by ACMA and a
delegate taking responsibility for different parts of the procedure.
3.71 Eligibility
After ACMA 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 ACMA 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 ACMA 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.
(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.
eligible amount means the eligible amount within the meaning of section 4.1
of the Auction Determination.
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.
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.
(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 ACMA under the Auction Determination,
ACMA 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. 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) ACMA must in writing approve arrangements for
allocating the number by electronic means (the electronic allocation
procedure).
(2) ACMA must allocate the number using the electronic
allocation procedure. However, ACMA 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 ACMA
as required by section 1.8 of the Auction Determination.
(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 ACMA on the successful bidder at auction once
the eligible amount has been paid. The number is then allocated by ACMA to the
carriage service provider. The carriage service provider then issues the
number to the ROU‑holder.
3.75H Register
(1) ACMA 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 ACMA, 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 ACMA, with his
or her name and, if the ROU‑holder agrees, his or her address, telephone and
fax numbers and email address.
(5) ACMA must make the Register available to the public.
(6) The Register may be in electronic form.
(7) ACMA 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.
(4) Trading of the rights of use:
(a) must be in writing, using the form made
available by ACMA; 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
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
ACMA 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) ACMA 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, ACMA must give the carriage service provider notice in writing, at least
21 days before withdrawing the number (the notice period):
(a) that ACMA 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 ACMA 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, ACMA will not withdraw the number.
(4) If the ROU‑holder does not port the number within
the notice period:
(a) ACMA 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) ACMA 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) ACMA 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.
3.75R 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, ACMA will as soon as practicable make the number again available
for allocation by auction.
(3) In any other case, ACMA 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 ACMA to release an auction‑declared
quarantined number and make it available for allocation.
(5) After ACMA receives the request, ACMA 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 ACMA to
release the number and allocate it to the carriage service provider.
(3) ACMA 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 ACMA 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) ACMA 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 ACMA 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 ACMA 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 ACMA 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 ACMA; or
(b) by a delegate of
ACMA; or
(c) by ACMA and a
delegate taking responsibility for different parts of the procedure.
3.78 Eligibility
After ACMA 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 ACMA 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 ACMA
may be withheld from allocation for a period, particularly during a period
after the number has been surrendered to ACMA or withdrawn by ACMA. 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 ACMA 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 ACMA in circumstances where:
· ACMA 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) ACMA 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. ACMA expects,
but does not guarantee, that a quarantine period will be between 6 and 12
months.
(3) If ACMA 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) ACMA may, at any time,
revoke a declaration.
(5) If ACMA 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) ACMA 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
ACMA 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 ACMA; or
(b) by a delegate of
ACMA; or
(c) by ACMA and a
delegate taking responsibility for different parts of the procedure.
3.85 Eligibility
After ACMA 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 ACMA 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) ACMA must consider an
application, and approve it or refuse it, within 14 days after receiving the
application.
(2) ACMA 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 3 months
before the date of the application;
(j) ACMA 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 ACMA has not declared that the number may
again be allocated to the provider;
(k) ACMA has previously
withdrawn the number from the registered carriage service provider because the
number was not placed in service for a particular period, and ACMA has not
declared that the number may again be allocated to the provider;
(l) ACMA has previously
withdrawn the number from the registered carriage service provider in
compliance with an order made by a court, and ACMA 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 3 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) ACMA 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, ACMA must notify the registered carriage service provider of the
decision as soon as practicable after refusing the application.
(5) ACMA 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 ACMA 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 ACMA under section 3.39, that
applies to the number; and
·
carriage service providers are required
to advise ACMA of the freephone numbers, local rate numbers and premium
rate numbers that have not been issued or placed in
service.
3.91 Telling ACMA 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 ACMA whether the number has been placed in service
(including use by the carriage service provider itself).
(2) If
the carriage service provider notifies ACMA that the provider has issued the
number to a customer, the provider must notify ACMA, 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 ACMA that the number has not been placed in service
(including use by the provider itself), the provider must notify ACMA, 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, ACMA must not deal with a notification.
Note The day immediately before the day when a
declaration takes effect will be used by ACMA to complete data transfers and to
ensure that notifications are processed efficiently.
(5) The carriage service provider must notify ACMA:
(a) in a form approved
in writing by ACMA; and
(b) at
a place approved in writing by ACMA.
Note ACMA 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 ACMA: number not in
service after first declaration under section 3.39
(1) This section applies
if:
(a) ACMA allocates a freephone
number, local rate number or a premium rate number
after ACMA 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 ACMA allocates
a freephone number, local rate number or a premium rate number after ACMA 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 ACMA within the appropriate period.
(3) ACMA 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) ACMA 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 ACMA: 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) ACMA may decide to
withdraw the number.
(3) However,
ACMA 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 ACMA: 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 3 months after its due
date.
(2) ACMA may decide to
withdraw the number.
(3) However, ACMA 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 ACMA: 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) ACMA 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 ACMA 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) ACMA 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) ACMA 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 ACMA 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 ACMA 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) ACMA does not hold
the number on the commencement of this Part; and
(b) ACMA 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 ACMA, 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 ACMA that the provider has issued the number to a customer,
the provider must notify ACMA, 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 ACMA that the number has not been placed in service
(including use by the provider itself), the provider must notify ACMA, 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, ACMA must not deal with a notification.
Note The day immediately before the day when a
declaration takes effect will be used by ACMA to complete data transfers and to
ensure that notifications are processed efficiently.
(9) The carriage service provider must notify ACMA:
(a) in
a form approved in writing by ACMA; and
(b) at a place approved
in writing by ACMA.
Note ACMA 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, ACMA 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 ACMA 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 ACMA 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 ACMA approves arrangements under
Division 6, notify ACMA 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 ACMA that the provider has issued the number to the customer,
the provider must notify ACMA, not later than 2 days before the day when ACMA
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 ACMA that the number has not been placed in service
(including use by the provider itself), the provider must notify ACMA, not
later than 2 days before the day when ACMA 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, ACMA must not deal with a notification.
Note The day immediately before the day when a
declaration takes effect will be used by ACMA to complete data transfers and to
ensure that notifications are processed efficiently.
(8) The carriage service provider must notify ACMA:
(a) in a form approved
in writing by ACMA; and
(b) at a place approved
in writing by ACMA.
Note ACMA will make arrangements to ensure
that providers are given adequate notice of the date when ACMA 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 ACMA, 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 ACMA, as ACMA 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. ACMA 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) ACMA 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, ACMA 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
ACMA 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 ACMA.
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 ACMA in a way specified by ACMA.
5A.7 Acknowledgment
of applications
ACMA must, not later than 5 business 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) ACMA must consider applications in the order in
which they are made.
(2) ACMA 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) ACMA 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 ACMA, by the Director of the Telecommunication
Standardization Bureau of the ITU for allocation by ACMA.
(4) ACMA 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) ACMA 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) ACMA 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) ACMA must approve an application if none of
subsections (2), (3), (4) and (6) applies.
5A.9 Decisions
on application
(1) ACMA must make a decision to approve or refuse an
application not later than 65 business days after the day on which it received
the application.
(2) However, ACMA may, by written notice given to an
applicant, require the applicant to give to ACMA any additional information
that ACMA needs to consider the application properly.
(3) The 65 business day period does not include a day on
which ACMA 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) ACMA must, not later than 5 business 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
ACMA approves an application for allocation of an international signalling
point code to test the use of the code, ACMA 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 ACMA 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 ACMA 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 ACMA 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 business 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 ACMA 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 ACMA 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) ACMA must make a decision to approve or refuse an
application not later than 15 business days after the day on which it received
the application.
(4) ACMA 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) ACMA must, not later than 5 business 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 ACMA 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 ACMA under subsection
5A.6 (1), the operator must give written notice to ACMA 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
ACMA for permission to use the international signalling point code to perform a
new function; and
(b) ACMA 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 ACMA in writing of the divestment not later than 5 business
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 ACMA in writing of the merger, acquisition or joint
venture not later than 5 business 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 ACMA 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 ACMA 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 ACMA) 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 ACMA receives the notice of surrender.
5A.23 Acknowledgment
of surrender
ACMA must, not later than 10 business 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 ACMA 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, ACMA must revoke
the allocation if the signalling point operator does not comply with the
applicable section.
(3) ACMA 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) ACMA 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) ACMA 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) ACMA may revoke the allocation if the international
signalling point code has ceased to be used by the signalling point operator.
(7) ACMA may revoke the allocation if the signalling
point operator has not complied with section 5A.18.
5A.25 Revocation
(1) If ACMA wishes to revoke the allocation of an
international signalling point code in accordance with section 5A.24, ACMA
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 business 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) ACMA 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) ACMA 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) ACMA 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 ACMA for an extension of
that period.
(4) ACMA 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 ACMA for an extension of that period; and
(c) ACMA has refused
the application.
(5) ACMA must withdraw an international signalling
point code that is allocated to a signalling point operator if:
(a) ACMA 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) 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) ACMA 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) ACMA 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 ACMA has not given permission under
subsection 5A.18 (3).
5A.27 Withdrawal
(1) If ACMA is required to withdraw an international
signalling point code in accordance with subsection 5A.26 (1), (2), (3),
(4) or (5):
(a) ACMA 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 ACMA wishes to withdraw an international
signalling point code in accordance with subsection 5A.26 (6), (7) or (8),
ACMA must:
(a) give written notice of the proposed
withdrawal to the signalling point operator; and
(b) invite the operator to state in writing to
ACMA, within 20 business days after the day on
which the notice is given to the operator, why the international signalling
point code should not be withdrawn.
(3) 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 ACMA decides to
withdraw the code — give written notice of the withdrawal to the operator.
(3A) For subsection (3), the
period within which ACMA must make a decision is:
(a) if ACMA does not
receive any written statement from the operator under
paragraph (2) (b) — 20 business days after the end of the period
within which a written statement may be given to ACMA under
paragraph (2) (b); or
(b) if ACMA receives a
written statement from the operator under paragraph (2) (b) — 20
business 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
ACMA 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 ACMA: 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) ACMA 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, ACMA must also comply with
this Chapter.
(3) In allocating numbers otherwise than in accordance
with an allocation system, ACMA 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, ACMA 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 463 of the Act, or otherwise.
The rules in this Chapter deal with 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 ACMA 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
|
Information about Part 2
This Part sets out the procedures that a carriage service
provider must follow to apply for allocation of a number. The procedures
include the payment of application charges.
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Division 1 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 ACMA for an allocation.
(2) The application must contain the information
mentioned in Schedule 7.
(3) ACMA must, within 5 business 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 ACMA considers the claim to be reasonable.
(2) ACMA must keep the information secure.
(3) ACMA must not disclose the information, unless:
(a) the disclosure is for ACMA; 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 ACMA 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 ACMA
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.
Division 2 Assessment of application
Information
about Division 2
This Division
sets out rules that ACMA must follow when dealing with an application. It
includes provisions about:
·
how ACMA must decide whether an application is routine or complex
·
how ACMA must deal with these kinds of applications
·
when ACMA must consider the recommendation of an advisory
committee.
6.10 Routine
and complex applications
(1) An application is a routine application
only if ACMA 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 ACMA
may ask for further information
(1) ACMA 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 ACMA:
(a) in writing; or
(b) in any other form specified by ACMA.
(3) If the applicant does not give ACMA the further
information within 40 business days of the request, the applicant is taken
to have withdrawn the application at the end of the 40 business days.
6.12 Dealing
with application
(1) ACMA must consider the application quickly to
minimise delay in the start of carriage services.
(2) ACMA must be responsive in giving information and
assistance, as required, to the applicant.
(3) ACMA must be consistent in applying the matters
mentioned in this Division.
6.13 Dealing
with complex application
In deciding whether to allocate numbers to an
applicant making a complex application, ACMA 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 ACMA 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 ACMA 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), ACMA 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 ACMA 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 3 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 least3 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 ACMA 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), ACMA 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) ACMA must allocate an incoming only international
number only if ACMA 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) ACMA must allocate a data network identification code
only if ACMA 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, ACMA 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, ACMA 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, ACMA 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, ACMA must allocate no
more than one 4‑digit private network identification code.
6.21 Allocation
of data terminal numbers to a carriage service provider
ACMA is not required to allocate to a carriage
service provider every data terminal number that has the same data network
identification code.
Division 3 Allocation procedures
Information
about Division 3
This Division
sets out information about how ACMA must carry out an allocation, including
provisions about:
·
how
ACMA will deal with a situation where there is more than one request for
the allocation of a particular number
·
the
unit size for allocation of numbers
·
when
a carriage service provider may apply to ACMA 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) ACMA decides to approve 1 of the requests.
(2) ACMA must allocate the number to the provider that
made the first request.
(3) However, ACMA 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 ACMA which request was made
first, ACMA must decide which request is taken to be made first in accordance
with procedures determined by ACMA under subsection (5).
(5) ACMA must determine, in writing, procedures for
deciding which request is taken to be made first when it is not apparent to
ACMA which request was made first.
(6) If subsection (4) applies, ACMA 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 will be allocated to
carriage service providers are:
|
Geographic numbers
|
A block
of 1 000 numbers
|
|
Access codes
|
Individually
|
|
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
|
|
Special services numbers not of 10 digits
|
See Schedule 8 for individual cases
|
|
Data numbers
|
Any unit size
|
(2) If a unit size has
not been mentioned in subsection (1) for the allocation of a type of number,
ACMA 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) ACMA must allocate the numbers in the appropriate
unit mentioned in, or determined under, section 6.23.
(2) However, ACMA 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 ACMA, in
writing, for allocation of fewer numbers than the unit size.
(4) The application must include reasons.
(5) ACMA 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) ACMA 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,
ACMA must tell the provider, in writing:
(a) that ACMA intends to allocate the number
until that date; and
(b) that the number will be withdrawn on that
date unless the allocation is extended.
(3) ACMA must allocate numbers for:
(a) a standard zone unit; or
(b) if the standard zone unit is divided into
sectors — a sector;
as follows:
(c) if, in an available prefix for the standard
zone unit or sector, there is available a contiguous block of numbers that is
greater than or equal to the request in size, ACMA must allocate the numbers
from the available prefix;
(d) if there is no available prefix for the
standard zone unit or sector containing a contiguous block of numbers that is
greater than or equal to the request in size, ACMA must allocate the numbers
from an unavailable prefix for the standard zone unit or sector.
(4) In subsection (3):
available prefix means a prefix from which a
number has previously been allocated.
unavailable prefix means a prefix from which
a number has not previously been allocated.
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 business
days before the expiry date, the carriage service provider holding the number
may apply to ACMA:
(a) to extend the allocation of the number to
another date; or
(b) to extend the allocation of the number
indefinitely.
(3) ACMA must decide the application before the expiry
date.
Division 4 Conditional allocation
Information
about Division 4
This Division
allows ACMA to make an allocation subject to certain conditions.
6.27 Conditions —
general
(1) ACMA 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, ACMA 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, ACMA must consult with the ACCC.
(4) Before allocating a number to a carriage service
provider, subject to conditions, ACMA must tell the provider, in writing:
(a) that ACMA intends to allocate the number
subject to conditions; and
(b) the general content of the conditions.
(5) ACMA:
(a) must give a copy of the conditions, to the
carriage service provider that is subject to the conditions, within 5 business
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) ACMA 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, ACMA must tell
the provider, in writing:
(a) that ACMA 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 ACMA 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.
Division 5 Making the decision
6.29 Approval
or refusal of routine application
(1) ACMA must decide whether to approve or refuse a
routine application within 10 business days after receiving it.
(2) The 10 business days do not include a period:
(a) starting when ACMA 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) ACMA must decide whether to approve or refuse a
complex application within 60 business days after receiving it.
(2) The 60 business days do
not include a period:
(a) starting when ACMA 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 ACMA to vary
ACMA’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 ACMA to deal with unexpected problems that are
identified after an allocation has occurred: it is not an alternative form of
allocation.
ACMA does not
guarantee that it will use Part 3 to rectify a problem relating to a geographic
number. ACMA 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 ACMA 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 ACMA 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) ACMA 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 ACMA to consider the
application.
(7) If the applicant does not
give ACMA 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) ACMA 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) ACMA may approve the
application (but is not required to approve the application) if:
(a) ACMA 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 ACMA adequate information to allow ACMA 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. ACMA 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) ACMA
must approve or refuse an application under section 6.33 within 10 business days starting on the day on which the
application is received by ACMA.
(2) However, ACMA may, by
written notice given to the applicant, extend that period for not more than 30 business
days.
(3) The period within which ACMA
must approve or refuse an application does not include a period:
(a) starting when ACMA
asks the applicant for further information under subsection 6.32 (6); and
(b) ending when it
receives the information.
(4) ACMA may extend the period only if the consideration
of the application requires ACMA 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 ACMA: 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.
|
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 ACMA to allow it
to support the administration of annual numbering charge under the Telecommunications
(Numbering Charges) Act 1997
·
ACMA makes and keeps a register of carriage service providers
who hold allocated numbers.
|
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 ACMA 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 ACMA 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 ACMA; 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 ACMA 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 ACMA has approved the transfer.
(3) A carriage service provider may request ACMA to
approve the transfer of a number.
(4) ACMA 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, ACMA
may approve the transfer subject to further conditions that give effect to the
condition.
(6) ACMA must decide the request within 15 business 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 ACMA; 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 ACMA 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 ACMA has approved an application to
surrender it.
7.14 Approved application form
(1) ACMA 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
ACMA.
7.15 Unit
sizes
For the purposes of paragraph
7.14 (2) (j), the size of the standard unit in which allocated
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.
Note An important objective of the
surrender process is to ensure that 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 ACMA for
approval to surrender the numbers.
(2) The carriage service provider must apply by
completing the approved application form and giving it to ACMA in accordance
with the instructions on the form.
(3) ACMA must acknowledge an application, in writing,
within 5 business 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) ACMA must consider an application for approval to
surrender numbers if the application has been made in accordance with
subsection 7.14 (2).
(2) ACMA must decide to approve or refuse the
application:
(a) within 10 business days after it receives
the application; or
(b) in accordance with subsection (3).
(3) If ACMA is satisfied, before the end of the 10 business
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 business days —
ACMA must decide to approve or refuse the application within 44 business
days after it receives the application.
Example
ACMA 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) ACMA 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) ACMA 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) ACMA must refuse an application if the carriage
service provider has applied for the surrender of any of the numbers on, or
within 15 business days before, the day determined in subsection 18 (2) of
the Telecommunications (Numbering Charges) Act 1997.
(6) ACMA must refuse an application if:
(a) the carriage service provider wishes to
surrender numbers in a non‑standard unit size; and
(b) either:
(i) ACMA is not satisfied that the
surrender will not hinder the later allocation of the numbers; or
(ii) ACMA 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) ACMA 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) ACMA 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, ACMA 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 ACMA 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 Part are
intended to ensure that ACMA 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
ACMA 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) ACMA 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, ACMA 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) ACMA 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 business 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) ACMA 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 3 months after its due date.
(2) In deciding to
withdraw the numbers, ACMA 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 ACMA 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 business days.
7.22 Withdrawal
of numbers allocated otherwise than in accordance with allocation system
ACMA 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) ACMA may withdraw the numbers:
(a) if:
(i) at a time in the 12 months after
the numbers are allocated, ACMA 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, ACMA
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 ACMA 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 ACMA’s intention that ACMA
will usually withdraw blocks of 1 000 contiguous numbers that are not in
use.
(2) If ACMA is considering withdrawing numbers under
subsection (1), ACMA must:
(a) give written notice of the proposed
withdrawal to the carriage service provider, including:
(i) details of the numbers that ACMA
is considering withdrawing; and
(ii) the grounds on which ACMA proposes
to withdraw the numbers; and
(b) invite the carriage service provider to
object in writing to ACMA, including the reasons why the numbers should not be
withdrawn.
(3) A written objection given to ACMA under paragraph
(2) (b):
(a) must be given to ACMA 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) ACMA 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 ACMA 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 ACMA
must make a decision is:
(a) if ACMA does not receive a written objection
from the carriage service provider in accordance with subsection (3) — 20 business
days after the end of the objection period; or
(b) if ACMA receives a written objection from the
carriage service provider in accordance with subsection (3) — 20 business
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 business days after the date of the notice under
paragraph (4) (b).
Note Under Chapter 7A, ACMA must monitor the
use of geographic numbers by carriage service providers.
(8) In this section:
objection period means the period of 20 business
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) ACMA may withdraw the numbers if they have been
issued, transferred or used in a way inconsistent with conditions placed by
ACMA on the allocation of the numbers.
(2) In deciding to withdraw the numbers, ACMA 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 ACMA 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 ACMA;
or
(ii) permanently transferred to the
provider by another carriage service provider; and
(b) ACMA 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) ACMA may withdraw numbers mentioned in paragraph (1)
(a).
7.25 Expiry
of allocation period
(1) If ACMA 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 ACMA 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.
7.29 Decisions
on withdrawal
Before making a decision under this Part, ACMA 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 ACMA has made a decision under subsection 7A.4 (1).
watch area means an area in relation to which
ACMA has made a decision under subsection 7A.4 (2).
Part 2 Obligations of ACMA
7A.3 Monitoring
use of geographic numbers
ACMA must monitor the use of geographic numbers by
carriage service providers.
7A.4 Watch
areas and protection areas
(1) If, at a particular time, ACMA 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, ACMA must decide
that the area is a protection area.
(2) If, at a particular time, ACMA 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, ACMA must decide that
the area is a watch area.
(3) Before making a decision under subsection (1) or
(2), ACMA must consult the Numbering Advisory Committee.
(4) In making a decision under subsection (1) or (2),
ACMA must consider:
(a) the views of the Numbering Advisory
Committee; and
(b) the information obtained during monitoring.
(5) ACMA must publish the details of each protection
area and watch area on an Internet website operated by or for ACMA.
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 ACMA 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 ACMA 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,
ACMA 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 ACMA 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 ACMA 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,
ACMA 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, ACMA 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 and local numbers.
Part 2 Rules
for issuing and using shared numbers, emergency service numbers and local
numbers
8.2 Purpose
of Part 2
This Part sets out rules for issuing and using
shared numbers, emergency service numbers and local numbers.
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.
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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.
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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 ACMA.
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 ACMA.
(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 ACMA, 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 ACMA for the start of
the message; and
(b) the day specified by ACMA 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 ACMA.
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 ACMA.
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 ACMA.
(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 ACMA.
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 ACMA, 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 ACMA for the start of the message; and
(b) the day specified
by ACMA 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 ACMA registers an industry code in the Register of Industry
Codes, kept under section 136 of the Act, that:
(a) sets out procedures that, in ACMA’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 ACMA to recover and replace the
number.
10.5 Deciding
the application
(1) ACMA must consider any matters it considers relevant
when deciding the application.
(2) ACMA must decide the application within 65 business
days of receiving it.
(3) The 65 business days do not include a period:
(a) starting when ACMA asks the applicant for
further information to allow it to consider the application; and
(b) ending when it receives information.
10.6 ACMA may ask for further information
ACMA 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 ACMA may ask for advice from advisory
committee or ACCC
In deciding whether to grant the application, ACMA
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 ACMA registers an industry code in the Register of Industry
Codes, kept under section 136 of the Act, that:
(a) sets out procedures that, in ACMA’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 ACMA directs the carriage service provider to recover
the number.
Note ACMA 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 ACMA registers an industry code in the Register of Industry
Codes, kept under section 136 of the Act, that:
(a) sets out procedures that, in ACMA’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 ACMA registers an industry code in the Register of Industry
Codes, kept under section 136 of the Act, that:
(a) sets out procedures that, in ACMA’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 ACMA 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
ACMA to grant an exemption from complying with an obligation in this Chapter.
(2) ACMA 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) ACMA must consider any matters it considers relevant
when deciding the application.
(2) ACMA must decide the application within 65 business
days of receiving it.
(3) The 65 business days do not include a period:
(a) starting when ACMA asks the applicant for
further information to allow it to consider the application ; and
(b) ending when it receives information.
10.19 ACMA may ask for further information
ACMA 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 ACMA may ask for advice from advisory
committee or ACCC
In deciding whether to grant the application, ACMA
may consider any recommendation of its advisory committee or of the ACCC.
Chapter 11 Number portability
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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, ACMA must
not make a numbering plan that sets out rules about portability of allocated
numbers unless ACMA is directed to do so by the ACCC under subsection
458 (2).
(3) Under subsection 458 (4) of the Act, ACMA 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 ACMA 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) ACMA 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 ACMA 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) ACMA 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),
ACMA 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 business days before an implementation
date, ACMA 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 ACMA 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) ACMA 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 ACMA to exercise its discretion under paragraph (a).
(5) In making a determination under subsection (4),
ACMA 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) ACMA 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, ACMA may have regard to the following matters:
(a) any relevant criteria that have been
specified by ACMA 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 ACMA 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.
|
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 ACMA; 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 ACMA for an exemption from
the obligations in this Chapter and sets out procedures that ACMA must follow
in deciding whether or not to grant an exemption.
11.16 Purpose
of Part 6
This Part empowers ACMA 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 ACMA, 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 ACMA receives an application under section 11.17,
ACMA must decide, not later than 5 business 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 ACMA decides to consult the ACCC, ACMA must give
the ACCC a copy of the application not later than 5 business days after
receiving it.
11.17B Request
for further information
(1) ACMA may request
further information from an applicant at any time.
(2) If ACMA decides to
consult the ACCC under section 11.17A, ACMA must consult the ACCC before
requesting further information from an applicant.
(3) ACMA 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 ACMA nominates a date for subsection (3):
(a) ACMA 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 ACMA may grant exemptions
(1) ACMA 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) ACMA must decide an application for exemption within
65 business days of receiving it.
(2) The 65 business days does not include the period:
(a) starting when ACMA asks the applicant for
further information to allow it to consider the application; and
(b) ending when it receives the information.
(3) ACMA 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 ACMA considers are relevant
to providing number portability.
(4) If ACMA consulted the ACCC, ACMA 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) ACMA must approve an exemption from a requirement if
satisfied that it is not practicable for the applicant to meet the requirement.
(6) ACMA may approve an exemption if satisfied that it
would be in the long‑term interests of end‑users to grant the exemption.
(7) ACMA 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 ACMA for an exemption, the applicant does not have to comply with the
requirements of this Chapter for which exemption is sought until ACMA 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 ACMA by the date nominated by ACMA.
11.21 Notice
of decision about exemption
(1) If ACMA 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 ACMA 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 ACMA decides to grant the exemption, it must give
a copy of the exemption to any person whom ACMA 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) ACMA.
(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 ACMA registers an industry code, in the Register of
Industry Codes kept under section 136 of the Act, that:
(a) in ACMA’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) ACMA 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, ACMA must report on
the progress of carriage service providers and carriers towards implementing
number portability by the implementation date.
(3) After the implementation date, ACMA 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
ACMA 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 ACMA 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) ACMA 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) ACMA 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) ACMA must, in writing,
approve 1 or more ways in which a Type 1 report is to be given to ACMA.
11.29 Type 2 report
(1) ACMA 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) ACMA must, in writing,
approve 1 or more ways in which a Type 2 report is to be given to ACMA.
11.30 Compulsory Type 1 or Type 2 report
(1) A carriage service
provider to which subsection 11.28 (1) applies must give to ACMA a Type 1
report within 10 business 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 ACMA a Type 2
report within 10 business 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
ACMA in an approved way.
Note The form of a Type 1 report, and the way
to give it to ACMA, are approved by ACMA under section 11.28. The form of a
Type 2 report, and the way to give it to ACMA, are approved by ACMA under
section 11.29.
11.31 Request for Type 1 or Type 2 report
(1) ACMA may, in writing:
(a) request a carriage
service provider to which subsection 11.28 (1) applies to give to ACMA a
Type 1 report; or
(b) request a carriage
service provider to which subsection 11.29 (1) applies to give to ACMA a
Type 2 report.
(2) The request must state
that the carriage service provider must give the report within 20 business 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
ACMA in an approved way; and
(c) give the report to
ACMA within 20 business days after the date of the request.
Note The form of a Type 1 report, and the way
to give it to ACMA, are approved by ACMA under section 11.28. The form of a
Type 2 report, and the way to give it to ACMA, are approved by ACMA under
section 11.29.
11.32 Using Type 1 or
Type 2 report
(1) ACMA 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 ACMA is not given
a Type 1 or Type 2 report within the period for giving the report, ACMA 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 ACMA acts on inaccurate information,
because it has not been given a Type 1 or Type 2 report, ACMA 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 ACMA 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 ACMA of its
decisions under this plan; and
(b) review by the Administrative Appeals Tribunal
of a reconsidered decision of ACMA.
12.2 Decisions that may be subject to
reconsideration by ACMA
An application may be made to ACMA for
reconsideration of a decision made by ACMA under this plan (other than a
decision made by ACMA 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 ACMA for such a decision, ACMA 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 ACMA has, within that time, given the
applicant a written request for further information about the
application — within 20 business days after receiving that further
information (unless another period is mentioned in the provision that confers the
decision‑making power).
(3) ACMA 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 ACMA 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 ACMA 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 ACMA’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 ACMA for ACMA
reconsideration of the decision.
(2) The application must:
(a) be in a form approved in writing by ACMA;
and
(b) set out the reasons for the application.
(3) The application must
be made within:
(a) 20 business days after the applicant is
informed of the decision; or
(b) if, either before or after the end of that
period of 20 business days, ACMA 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 ACMA
(1) On receipt of an
application for reconsideration, ACMA must:
(a) reconsider
the decision; and
(b) affirm, vary or revoke the decision.
(2) ACMA’s decision has effect as if it had been made
under the provision under which the original decision was made.
(3) ACMA must notify the applicant of its decision and
the reasons for it.
12.7 Deadlines
for reconsiderations
(1) ACMA must make its decision on reconsideration
within 65 business days after receiving an application for reconsideration.
(2) ACMA 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 business 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 ACMA has affirmed or
varied the decision under section 12.6.