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Telecommunications Numbering Plan 1997

Authoritative Version
Plans/Communications as amended, taking into account amendments up to Telecommunications Numbering Plan Variation 2007 (No. 1)
Administered by: DCITA
Registered 01 Mar 2007
Start Date 28 Feb 2007
End Date 18 May 2007
Date of repeal 01 Aug 2015
Repealed by Telecommunications Numbering Plan 2015
Repealing Comments Repealed on a single day to be fixed by the ACMA by legislative instrument. However, if the provisions do not commence before 1 October 2015, they commence on that day.

Telecommunications Numbering Plan 1997

as amended

made under subsection 455 (1) of the

This compilation was prepared on 28 February 2007
taking into account amendments up to Telecommunications Numbering Plan Variation 2007 (No. 1)

This document has been split into four volumes
Volume 1 contains sections 1.1–13.4 and Schedules 1–8, 11
Volume 2 contains Schedule 12 (Part 1)
Volume 3 contains Schedule 12 (Parts 2–5) and
Volume 4 contains the Dictionary and the Notes
Each volume has its own Table of Contents

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra


Contents

Chapter 1          Preliminary                                                                                       

Part 1                    General                                                                                            

                      1.1     Citation [see Note 1]                                                                          15

                      1.2     Commencement                                                                                15

                      1.3     Definitions — the dictionary etc                                                           16

Part 2                    Objects of this plan                                                                      

Division 1                Primary objects                                                                                  

                      1.4     Primary objects                                                                                 17

Division 2                Secondary objects                                                                             

                      1.5     Purpose of Division                                                                            17

                      1.6     Access to end‑users                                                                          17

                      1.7     Consistency with objects of Part XIC of the Trade Practices Act 1974    17

                      1.8     Consistency with other instruments                                                     17

                      1.9     Issue and use of numbers                                                                   18

                    1.10     Carriage services                                                                               18

                    1.11     Call charge and associated services                                                    18

                    1.12     Changes to numbers                                                                          18

                    1.13     Technology                                                                                       18

                    1.14     Transfer, surrender and withdrawal of numbers                                      18

                    1.15     Recognition of telecommunications industry                                         19

Chapter 2          Numbers that are for use                                                              

                      2.1     Purpose of Chapter 2                                                                         20

                      2.2     Numbers that are for use — public                                                      20

                      2.3     Numbers that are for use — non‑public                                                20

Chapter 3          Telephone numbers                                                                       

Part 1                    Geographic numbers                                                                  

Division 1                Information about geographic numbers                                            

                      3.1     Outline of Schedule for geographic numbers                                         23

                      3.2     Application of Part 1                                                                           23

                      3.3     Geographic numbers                                                                          23

                      3.4     Use of geographic numbers                                                                23

                      3.5     Using numbers of local geographic significance: numbers in Part 1 of Schedule 3         24

                      3.6     Using numbers of local geographic significance: other numbers             24

                      3.7     Using numbers of broad geographic significance: numbers in Part 2 of Schedule 3        24

                      3.8     Use of local numbers                                                                         25

Division 2                Creating standard zone units                                                             

                   3.8A     Application for creation of standard zone unit                                        25

                   3.8B     Notification of application for creation of standard zone unit                    26

                   3.8C     Objections to application for creation of standard zone unit                    27

                   3.8D     ACA decision on application for creation of standard zone unit               27

                   3.8E     Register of standard zone units                                                           28

                    3.8F     Creation of standard zone unit by registration                                       29

                   3.8G     ACA decision on request to rezone numbers to be used in new standard zone unit       29

Part 2                    Special services numbers                                                         

Division 1                Information about special services numbers                                     

                      3.9     Outline of Schedule for special services numbers                                  31

                    3.10     Application of Part 2                                                                           32

                    3.11     Special services numbers                                                                   32

                    3.12     Using special services numbers                                                          32

                  3.12A     Using special services number 12 23 for national and international operator connected call service or operator service                                                                                 32

                  3.12B     Implementation operation plan                                                             33

                  3.12C     Amendment or replacement of implementation operation plan at ACMA’s direction        35

                  3.12D     Amendment or replacement of implementation operation plan on application by carriage service provider                                                                                             36

                  3.12E     Cessation of supply of service under implementation operation plan        37

                    3.13     Call charge                                                                                        37

                    3.14     Incoming international access                                                             38

Division 2                Special services numbers that are shared numbers                          

                    3.15     Shared numbers                                                                                38

                    3.16     Shared numbers used on a selectable basis                                        38

                    3.17     Shared numbers used on a non‑selectable basis                                  39

                  3.17A     Shared numbers used on a not accessible to public basis                     39

Division 3                Special services numbers that are access codes                               

                    3.18     International access codes                                                                 40

                    3.19     Carriage service provider identification codes                                        40

                    3.20     Virtual private network access codes                                                   41

                    3.22     Incoming only international access codes                                            41

                    3.23     Miscellaneous access codes                                                              41

Part 3                    Emergency service numbers                                                    

                    3.24     Emergency service numbers                                                               42

                    3.25     Using emergency service numbers                                                      42

Part 4                    Private numbers                                                                           

                    3.26     Private numbers                                                                                 42

                    3.27     Use in private numbering schemes                                                      43

                    3.28     Private numbering scheme with escape code                                       43

                    3.29     Private numbering scheme without an escape code — numbers starting with ‘0’ or ‘1’   43

                    3.30     Private numbering scheme without an escape code — numbers starting with ‘2’ to ‘9’   43

                    3.31     Exceptions to private numbering schemes without an escape code        43

Part 5                    Freephone, local rate and premium rate numbers              

Division 1                Introductory                                                                                       

                    3.32     Application of Part 5                                                                           45

                    3.33     Delegation                                                                                         45

Division 2                Information about freephone, local rate and premium rate numbers

                    3.34     Outline of Schedule for freephone numbers                                           46

                    3.35     Outline of Schedule for local rate numbers                                           46

                  3.35A     Outline of Schedule for premium rate numbers                                      47

                    3.36     Incoming international access                                                             47

                    3.37     Entitlement of holder of freephone, local rate or premium rate number     47

Division 3                Freephone, local rate and premium rate numbers that may be allocated          

                    3.38     Numbers that are available for allocation                                              48

                    3.39     Declaration that number is available for allocation                                 48

                    3.40     Matters to consider in making declaration                                            49

Division 4                Registration of carriage service providers                                         

                    3.41     Registration is required before allocation, surrender, release from quarantine    49

                    3.42     Approval of registration forms and arrangements                                   49

                    3.43     Application for registration                                                                  50

                    3.44     Decision on application for registration                                                 50

                    3.45     Registered carriage service provider                                                     50

Division 5                Allocation by reservation of number (withheld status)                       

                    3.46     Withheld status                                                                                 51

                    3.47     Approval of forms and arrangements: allocation with withheld status       51

                    3.48     Electronic allocation procedure                                                           54

                    3.49     Eligibility                                                                                           54

                    3.50     Entitlement to allocation with withheld status                                       54

                    3.51     Application for allocation with withheld status                                       54

                    3.52     Decision on application                                                                      55

                    3.53     Unit size                                                                                           55

                    3.54     Extending reservation period                                                               55

                    3.55     Action during reservation period                                                           56

                    3.56     Notification of confirmation of allocation                                                56

                    3.57     Notification of change of reservation                                                     57

Division 6                Allocation by reservation of number (reserved status)                       

                    3.58     Reserved status                                                                                 57

                    3.59     Approval of forms and arrangements: allocation with reserved status       57

                    3.60     Electronic allocation procedure                                                           60

                    3.61     Eligibility                                                                                           60

                    3.62     Entitlement to allocation with reserved status                                       61

                    3.63     Application for allocation with reserved status                                       61

                    3.64     Decision on application                                                                      61

                    3.65     Unit size                                                                                           61

                    3.66     Extending reservation period                                                               61

                    3.67     Action during reservation period                                                           62

                    3.68     Notification of confirmation of allocation                                                62

Division 7                Allocation without reservation of number                                          

                    3.69     Approval of forms and arrangements: allocation without reservation of number   63

                    3.70     Electronic allocation procedure                                                           65

                    3.71     Eligibility                                                                                           65

                    3.72     Entitlement to allocation without reservation of number                          66

                    3.73     Application for allocation without reservation of number                          66

                    3.74     Decision on application                                                                      66

                    3.75     Unit size                                                                                           66

Division 7A             Allocation by auction                                                                         

                  3.75A     Allocation by auction                                                                          67

                  3.75B     Definitions for Division 7A                                                                   67

                  3.75C     Application of the other provisions of this Plan                                      67

                  3.75D     Declaration                                                                                        68

                  3.75E     Entitlements after auction                                                                   68

                  3.75F     Allocation                                                                                          69

                 3.75G     Issue                                                                                                69

                  3.75H     Register                                                                                            69

                  3.75J     Trading the rights of use and licensing a number                                   70

                  3.75K     Surrender of number ‑ general                                                             71

                  3.75L     Surrender where rights of use waived                                                   71

                 3.75M     Withdrawal of number                                                                         71

                  3.75N     Cancellation of rights of use – false statement                                      72

                  3.75P     Cancellation of rights of use – no active service                                    72

                 3.75Q     Cancellation of rights of use – charity’s excess number                         73

                  3.75R     Release from auction‑declared quarantine                                            73

                  3.75S     Release of number to ROU‑holder                                                       74

                  3.75T     Emergency allocation                                                                         74

Division 8                Surrender of numbers                                                                        

                    3.76     Approval of forms and arrangements: surrender of number                     75

                    3.77     Electronic surrender procedure                                                            76

                    3.78     Eligibility                                                                                           76

                    3.79     Entitlement to surrender number                                                         76

                    3.80     Application for surrender of number                                                      76

                    3.81     Decision on application                                                                      77

                    3.82     Unit size                                                                                           77

Division 9                Quarantine of surrendered numbers                                                  

                    3.83     Quarantining of number                                                                      78

                    3.84     Approval of forms and arrangements: releasing quarantined number        79

                    3.85     Eligibility                                                                                           80

                    3.86     Application for release of quarantined number                                       80

                    3.87     Decision on application                                                                      80

                    3.88     Unit size                                                                                           82

Division 10              Transfer of numbers                                                                           

                    3.89     Transfer of number                                                                             82

                    3.90     Unit size                                                                                           82

Division 11              Withdrawal of numbers                                                                     

                    3.91     Telling the ACA whether numbers have been placed in service               83

                    3.92     Withdrawal of numbers that have not been placed in service before first declaration under section 3.39                                                                                                  83

                    3.93     Withdrawal of number by ACA: number not in service after first declaration under section 3.39   83

                    3.94     Automatic withdrawal of reserved number: end of reservation period        84

                    3.95     Withdrawal of number by ACA: inconsistency with Plan                        84

                    3.96     Withdrawal of number by ACA: non‑payment of annual numbering charge 85

                    3.97     Withdrawal of number by ACA: court order                                           85

                    3.98     Unit size                                                                                           85

Division 12              Information about freephone, local rate and premium rate numbers

                    3.99     Notification of changes in names etc                                                   85

                  3.100     Updating Register of Allocated Numbers                                              86

Division 13              Transitional                                                                                        

                  3.101     Numbers recovered by carriage service providers before commencement of Part 5         86

                  3.102     Numbers reserved before commencement of Part 5                               87

Chapter 4          Data numbers                                                                                  

                      4.1     Outline of Schedule for data numbers                                                  89

                      4.2     Application of Chapter 4                                                                     89

                      4.3     Data numbers                                                                                    89

                      4.4     Use of data numbers                                                                          90

                      4.5     Using data network identification codes                                               90

Chapter 5          Telex numbers                                                                                 

                      5.1     Outline of schedule for telex numbers                                                  91

                      5.2     Application of Chapter 5                                                                     91

                      5.3     Telex numbers                                                                                   91

                      5.4     Using telex numbers                                                                          91

Chapter 5A       International signalling point codes (ISPCs)                           

Part 1                    International signalling point codes and signalling area network codes   

                   5A.1     International signalling point code                                                        93

                   5A.2     Signalling area network code                                                              93

Part 2                    Allocation of international signalling point codes after Chapter 5A commences                                                                                   

Division 1                Introductory                                                                                       

                   5A.3     Application of Part 2                                                                           94

                   5A.4     Principles for allocation of international signalling point codes                94

Division 2                Application for allocation                                                                  

                   5A.5     Entitlement to apply                                                                           94

                   5A.6     How applications are to be made                                                         94

                   5A.7     Acknowledgment of applications                                                         96

Division 3                Decisions on application for allocation                                              

                   5A.8     Criteria for decisions about applications                                               96

                   5A.9     Decisions on application                                                                     97

                  5A.10     When decision takes effect                                                                 97

                  5A.11     Notice of allocation of international signalling point codes                      97

Part 3                    Allocation of international signalling point codes before Chapter 5A commences                                                                                   

                  5A.12     Application of Part 3                                                                           98

                  5A.13     International signalling point codes allocated before commencement of Part 3  98

Part 4                    Conditions of allocation of international signalling point codes       

                  5A.14     Conditions of allocation                                                                      99

                  5A.15     When certain international signalling point codes are to be in service      99

                  5A.16     When decisions take effect                                                               100

                  5A.17     Notice of decisions                                                                           100

                  5A.18     Signalling point operators to notify ACA of changed circumstances      100

Part 5                    Transfer of international signalling point codes                  

                  5A.19     Divestment                                                                                      101

                  5A.20     Merger, acquisition or joint venture                                                     101

                  5A.21     No transfer in other circumstances                                                    102

Part 6                    Surrender of international signalling point codes               

                  5A.22     Entitlement to surrender international signalling point code                  103

                  5A.23     Acknowledgment of surrender                                                           103

Part 7                    Revocation of allocation of international signalling point code for test network                                                                                           

                  5A.24     Grounds for revocation                                                                      104

                  5A.25     Revocation                                                                                      104

Part 8                    Withdrawal of international signalling point code               

                  5A.26     Grounds for withdrawal                                                                     105

                  5A.27     Withdrawal                                                                                      106

                  5A.28     Withdrawn international signalling point codes not to be reallocated      107

Chapter 6          Allocation of certain numbers                                                     

Part 1                    Preliminary matters                                                                      

                      6.1     Purpose of Chapter 6                                                                        108

                   6.1A     Chapter 6 does not apply to certain numbers                                      108

                      6.2     Allocation                                                                                        108

                      6.4     Outcomes of allocation                                                                     109

                      6.5     Notification of changes in names etc                                                  109

Part 2                    Allocation procedures                                                                

Division 1                Non‑pooled numbers                                                                         

Subdivision 1            Application of Division                                                                                                     

                      6.6     Application of Division                                                                       110

Subdivision 2            Application for allocation of numbers                                                                         

                      6.7     Application for allocation                                                                   110

                      6.8     Application charges                                                                          110

                      6.9     Confidentiality of application                                                              110

Subdivision 3            Assessment of application                                                                                            

                    6.10     Routine and complex applications                                                     111

                    6.11     ACA may ask for further information                                                   111

                    6.12     Dealing with application                                                                    112

                    6.13     Dealing with complex application                                                       112

                    6.14     Numbers to be in use within 12 months                                              112

                    6.15     Numbers not to be allocated                                                             112

                    6.16     Additional grounds for refusing allocation                                            112

                    6.17     Numbers of broad geographic significance                                          113

                    6.18     Incoming only international numbers                                                  113

                    6.19     Data network identification codes                                                      114

                    6.20     Number of network identification codes to be allocated                        114

                    6.21     Allocation of data terminal numbers to a carriage service provider         114

Subdivision 4            Allocation procedures                                                                                                    

                    6.22     Allocation on request (more than 1 request)                                        115

                    6.23     Unit size                                                                                         115

                    6.24     Units for allocation                                                                           116

                    6.25     Allocation arrangements                                                                   116

                    6.26     Extending, or making permanent, an allocation                                   117

Subdivision 5            Conditional allocation                                                                                                      

                    6.27     Conditions — general                                                                       117

                    6.28     Conditions — information program                                                     118

Subdivision 6            Making the decision                                                                                                        

                    6.29     Approval or refusal of routine application                                             118

                    6.30     Approval or refusal of complex application                                          118

Part 3                    Variation of allocation of geographic numbers issued in error         

                    6.31     Application of Part 3                                                                         119

                    6.32     Application by carriage service provider for variation of allocation           119

                    6.33     Approval or refusal of application                                                        120

                    6.34     Time for approval or refusal of application                                            121

                    6.35     Register                                                                                          122

Chapter 7          Transfer, surrender or withdrawal of numbers                       

Part 1                    Purpose                                                                                          

                      7.1     Purpose of Chapter 7                                                                        123

                   7.1A     Chapter 7 does not apply to certain numbers                                      123

Part 2                    Rules for transfer of numbers                                                   

                      7.2     Purpose of Part 2                                                                             123

                      7.3     Numbers eligible to be transferred                                                      124

                      7.4     Numbers to be transferred to carriage service providers                        124

                      7.5     Advising ACA of permanent transfer of number                                    124

                      7.8     Notification of changes in name etc                                                   125

                      7.9     Transfer not to affect customer’s right of use of number                       125

                    7.10     Inconsistency with Chapter 10                                                           125

                    7.11     Transfer of numbers allocated conditionally                                         125

Part 3                    Rules for surrender of numbers                                               

                    7.12     Purpose of Part 3                                                                             126

                    7.13     Surrender of numbers                                                                       126

                    7.14     Approved application form                                                                 126

                    7.15     Unit sizes                                                                                        127

                    7.16     Application to surrender numbers                                                      128

                    7.17     Decision on application                                                                     128

                  7.17A     Notification of decision                                                                      129

                  7.17B     Register                                                                                          129

                  7.17C     When surrender occurs                                                                    129

Part 4                    Rules for withdrawal of numbers                                             

                    7.18     Purpose of Part 4                                                                             129

                    7.19     Withdrawal of numbers allocated in accordance with allocation system 130

                    7.20     Inconsistency with this plan                                                              130

                    7.21     Non‑payment of numbering charge                                                     130

                    7.22     Withdrawal of numbers allocated otherwise than in accordance with allocation system  131

                    7.23     Withdrawal of numbers not in use                                                      131

                    7.24     Withdrawal of numbers — inconsistency with conditions on issue, transfer or use         133

                  7.24A     Cessation of business                                                                      133

                    7.25     Expiry of allocation period                                                                 134

                    7.26     Reservation — allocation not confirmed                                              134

                    7.27     Pooled numbers that are not issued                                                   134

                    7.28     Telling the ACA whether pooled numbers are issued                           134

                    7.29     Decisions on withdrawal                                                                   135

                    7.30     Register                                                                                          135

Chapter 7A       Monitoring and reporting use of geographic numbers        

Part 1                    Preliminary                                                                                     

                   7A.1     Purpose of Chapter 7A                                                                     136

                   7A.2     Definitions for Chapter 7A                                                                 136

Part 2                    Obligations of ACA                                                                      

                   7A.3     Monitoring use of geographic numbers                                               137

                   7A.4     Watch areas and protection areas                                                     137

Part 3                    Obligations of carriage service providers                             

                   7A.5     Reporting first use of numbers in protection and watch areas               138

                   7A.6     Annual reporting of numbers                                                              138

Chapter 8          Use of numbers                                                                               

Part 1                    Purpose                                                                                          

                      8.1     Purpose of Chapter 8                                                                        140

Part 2                    Rules for issuing and using shared numbers, emergency service numbers, local numbers, and numbers in a number pool                   

                      8.2     Purpose of Part 2                                                                             140

                      8.3     Who may use shared number on non‑selectable basis                        140

                      8.4     Emergency service numbers not to be issued                                     141

                      8.5     Local numbers                                                                                 141

Chapter 9          Renumbering and notice of new numbers                              

Part 1                    Purpose                                                                                          

                      9.1     Purpose of Chapter 9                                                                        142

Part 2                    Rules for renumbering of telephone numbers                     

Division 1                Purpose                                                                                             

                      9.2     Purpose of Part 2                                                                             143

Division 2                Renumbering of geographic numbers                                               

                      9.3     Purpose of Division 2                                                                        143

                      9.5     Routing to geographic numbers with new prefix                                   143

                      9.6     Availability of changed number                                                          143

                      9.7     Advice about changed numbers                                                         143

                      9.8     Availability of local number dialling                                                     144

Division 3                Renumbering of special services numbers                                        

                      9.9     Purpose of Division 3                                                                        144

                    9.11     Routing to special services numbers with new prefix                            144

                    9.12     Availability of changed number                                                          144

                    9.13     Advice about changed numbers                                                         145

Chapter 10        Carriage service provider’s obligations to customers about use of numbers         

Part 1                    Purpose                                                                                          

                    10.1     Purpose of Chapter 10                                                                      146

Part 2                    Who is a customer                                                                       

                    10.2     Who is a customer                                                                           147

Part 3                    Carriage service provider’s obligations: recovering and replacing numbers                                                                                                          

                    10.3     Application of Part 3                                                                         148

                    10.4     Carriage service provider must not recover and replace numbers           148

                    10.5     Deciding the application                                                                    148

                    10.6     ACA may ask for further information                                                   149

                    10.7     ACA may ask for advice from advisory committee or ACCC                 149

                    10.8     Carriage service provider must tell customer about recovery and replacement   149

                    10.9     Notification period                                                                            149

Part 4                    Carriage service provider’s obligations: recovering numbers without replacing them                                                                              

                  10.10     Application of Part 4                                                                         150

                  10.11     Carriage service provider must not recover numbers without replacing them      150

                  10.12     Carriage service provider’s obligations if issuing recovered number to another customer 151

Part 5                    Publicising carriage service provider’s obligations           

                  10.13     Application of Part 5                                                                         152

                  10.14     Publicising carriage service provider’s obligations                                152

Part 6                    Use of numbers not to be subject to certain conditions   

                  10.15     Application of Part 6                                                                         153

                  10.16     Use of numbers not to be subject to certain conditions                        153

Part 7                    Exemptions                                                                                    

                  10.17     Carriage service provider may ask for exemption                                 154

                  10.18     Deciding an application for exemption                                                154

                  10.19     ACA may ask for further information                                                   154

                  10.20     ACA may ask for advice from advisory committee or ACCC                 154

Chapter 11        Number portability                                                                          

Part 1                    Preliminary                                                                                     

                    11.1     Purpose of Chapter 11                                                                      155

                    11.2     Definitions                                                                                       155

                    11.3     Porting                                                                                            156

                    11.4     Portable services                                                                             157

                    11.5     Implementation dates for number portability                                        157

                    11.6     Public notice period for implementation date                                       157

                    11.7     Application of Chapter 11 to carriage service providers and carriers       157

Part 2                    Providing portability                                                                    

                    11.8     Technical capability and technology                                                   158

                    11.9     Carriage service providers and carriers must provide number portability to customers     158

Part 3                    Providing equivalent service to ported numbers                

                  11.10     Meaning of equivalent service                                                            160

                  11.11     Obligation to ensure that an equivalent service is provided                    160

Part 4                    Rules for routing to portable numbers                                   

                  11.12     Purpose of Part 4                                                                             162

                  11.13     Routing arrangements                                                                      162

Part 5                    Cancellation of service                                                               

                  11.15     Cancellation of service to a ported number                                          163

Part 6                    Exemptions from obligations                                                    

                  11.16     Purpose of Part 6                                                                             165

                  11.17     Applications for exemptions                                                              165

                11.17A     Consultation with ACCC                                                                   165

                11.17B     Request for further information                                                           166

                  11.18     ACA may grant exemptions                                                              166

                  11.19     Deciding an application for exemption                                                167

                  11.20     Compliance with the Chapter after applying for an exemption               167

                  11.21     Notice of decision about exemption                                                   168

Part 7                    Management of portable numbers, and reporting               

Division 1                Registers of portable numbers                                                           

                  11.22     Carriage service provider’s register of portable numbers                       168

                  11.23     Keeping the register up to date                                                          168

Division 2                Management of number portability                                                   

                  11.25     Progress reports about number portability                                          169

                  11.26     Reports about failure to provide number portability                               169

Division 3                Reports about digital mobile phone numbers                                    

                  11.27     Definitions for Division 3                                                                    169

                  11.28     Type 1 report                                                                                   170

                  11.29     Type 2 report                                                                                   170

                  11.30     Compulsory Type 1 or Type 2 report                                                  171

                  11.31     Request for Type 1 or Type 2 report                                                   172

                  11.32     Using Type 1 or Type 2 report                                                           172

Chapter 12        Review of decisions                                                                       

                    12.1     Purpose of Chapter 12                                                                      174

                    12.2     Decisions that may be subject to reconsideration by the ACA              174

                    12.3     Deadlines for reaching certain decisions                                             174

                    12.4     Statements to accompany notification of decision                               174

                    12.5     Applications for reconsideration of decisions                                       175

                    12.6     Reconsideration by the ACA                                                             175

                    12.7     Deadlines for reconsiderations                                                           175

                    12.8     Statements to accompany notification of decisions on reconsideration  176

                    12.9     Review by the Administrative Appeals Tribunal                                    176

Chapter 13        Numbers taken to have been allocated                                    

Part 1                    Purpose of Chapter 13                                                                

                    13.1     Purpose of Chapter 13                                                                      177

Part 2                    Declaration of numbers                                                              

                    13.2     Declaration of numbers                                                                     177

                    13.3     Person to whom numbers are taken to have been allocated                 178

                    13.4     Other information                                                                             178

Schedule 1             Non‑public numbers [see Note 2 and 3]                                           179

Part 1                      Special services numbers                                                                 179

Part 2                      Telex numbers                                                                                 180

Schedule 2             Geographic numbers                                                                     181

Schedule 3             Numbers of geographic significance                                             198

Part 1                      Numbers of local geographic significance                                           198

Part 2                      Numbers of broad geographic significance                                          207

Schedule 4             Special services numbers                                                              209

Part 1                      General                                                                                           209

Part 2                      International access codes                                                               215

Part 3                      Carriage Service Provider Identification Codes                                     216

Part 4                      Virtual private network access codes                                                 216

Part 6                      Incoming only international access codes                                          217

Part 7                      Miscellaneous access codes                                                            217

Schedule 4A           Freephone numbers                                                                      219

Schedule 4B           Local rate numbers                                                                       220

Schedule 4C           Premium rate numbers                                                                  221

Schedule 5             Data numbers                                                                                222

Part 1                      Data number components                                                                 222

Part 2                      Explanation of components of data numbers                                       223

Schedule 6             Telex numbers                                                                              226

Part 1                      Services                                                                                          226

Part 2                      Charging areas                                                                                226

Schedule 7             Content of application for allocation of numbers                          246

Part 1                      Applications for numbers for all types of carriage service                      246

Part 2                      Additional information for applications for geographic numbers              246

Part 3                      Additional information for applications for special services numbers      247

Part 4                      Additional information for applications for data numbers                       248

Schedule 8             Unit sizes for allocation and surrender of special services numbers 250

Schedule 11           Reviewable decisions of the ACA                                                  252

 

 


Chapter 1    Preliminary

Part 1                 General

  

1.1           Citation [see Note 1]

                This plan may be cited as the Telecommunications Numbering Plan 1997.

1.2           Commencement

                This plan commences on 31 December 1997.

 

Background to Numbering Plan

Subsection 455 (1) of the Telecommunications Act 1997 requires the Australian Communications Authority (ACA) to make a plan for:

·         the numbering of carriage services in Australia; and

·         the use of numbers in connection with the supply of such services.

Section 455 of the Act identifies a number of matters to be included in the plan, for example:

·         the numbers that are for use in connection with the supply of carriage services to the public in Australia

·         rules about the allocation, transfer, surrender and portability of numbers.

Section 455 of the Act also sets out 3 concepts about the transfer of numbers. The ‘first tier’ concept is specification by the plan of numbers that are for use in connection with the supply of carriage services to the public in Australia.

The ‘second tier’ concept is allocation of numbers by the ACA to carriage service providers.

The ‘third tier’ concept is issue of numbers by carriage service providers to customers.

The plan may also empower the ACA to make decisions of an administrative character.

 

 

Simplified outline of plan

The plan has 13 Chapters.

The Chapters deal with the following matters:

Chapter 1 — Preliminary

Chapter 2 — Numbers that are for use

Chapter 3 — Telephone numbers

Chapter 4 — Data numbers

Chapter 5 — Telex numbers

Chapter 6 — Allocation of numbers

Chapter 7 — Transfer, surrender or withdrawal of numbers

Chapter 8 — Use of numbers

Chapter 9 — Renumbering and notice of new numbers

Chapter 10 — Carriage service providers’ obligations

Chapter 11 — Portability and use of numbers

Chapter 12 — Review of decisions

Chapter 13 — Declaration of numbers taken to have been allocated.

Definitions for words and expressions used in the plan are to be found in the dictionary in the Schedule at the end of the plan.

 

1.3           Definitions — the dictionary etc

         (1)   The dictionary at the end of this numbering plan defines certain words and expressions, and includes references to certain words and expressions that are defined in the Act or elsewhere in the plan.

Example

The signpost definition ‘address format prefix see Part 2 of Schedule 5’ means that the expression address format prefix is defined in Part 2 of Schedule 5.

Note   The dictionary only includes a signpost definition for a word or expression if the word or expression is used in more than 1 section of this plan.

         (2)   The dictionary is part of this plan.

         (3)   A definition in this plan applies to each use of the word or expression in the plan unless the contrary intention appears.

 

Part 2                 Objects of this plan

Division 1              Primary objects

1.4           Primary objects

                The primary objects of this plan are to:

                (a)    establish a framework for the numbering of carriage services in Australia; and

               (b)    establish a framework for the use of numbers in connection with the supply of such services; and

                (c)    specify the numbers for use in connection with the supply of carriage services to the public in Australia; and

               (d)    establish a framework for the allocation and portability of numbers.

Division 2              Secondary objects

1.5           Purpose of Division

                This Division sets out the secondary objects of this plan.

1.6           Access to end‑users

                An object of this plan is to facilitate any‑to‑any connectivity by ensuring that numbers are:

                (a)    clearly assigned to a type of service or multiple types of services; and

               (b)    allocated and used responsibly.

Note   The objective of any‑to‑any connectivity is achieved if, and only if, each end‑user who is supplied with a carriage service that involves communication between end‑users is able to communicate, by means of that service, with each other end‑user who is supplied with the same service or a similar service, whether or not the end‑users are connected to the same telecommunications network. See subsection 152AB (8) of the Trade Practices Act 1974.

1.7           Consistency with objects of Part XIC of the Trade Practices Act 1974

                An object of this plan is to ensure that decisions of the ACA of an administrative character made under this plan are consistent with the objects of the Part XIC of the Trade Practices Act 1974.

1.8           Consistency with other instruments

                An object of this plan is to ensure that the management of numbers under this plan is carried out in a way that is consistent with the requirements of other instruments made under the Act.

1.9           Issue and use of numbers

         (1)   An object of this plan is to ensure the availability of numbers by promoting efficient issue and use of numbers by carriage service providers and customers.

         (2)   An object of this plan is to promote and facilitate fairness and equity in:

                (a)    the allocation of numbers to carriage service providers; and

               (b)    the issue of numbers to customers by carriage service providers.

         (3)   An object of this plan is to minimise obstacles to the continued and beneficial use by customers of the numbers legitimately issued to them, while the carriage service, in connection with which numbers are issued, is provided.

1.10        Carriage services

                An object of this plan is to ensure the availability of numbers to facilitate:

                (a)    the introduction and supply of carriage services; and

               (b)    access by customers, or connection by end‑users, to the services; and

                (c)    proper routing of calls by carriage service providers.

1.11        Call charge and associated services

                An object of this plan is:

                (a)    to enable end‑users to understand the level of call charge for calls to a number; and

               (b)    to enable end‑users to understand which numbers can be used in connection with the supply of particular carriage services; and

                (c)    to enable end‑users to apply this understanding in the management of call costs.

1.12        Changes to numbers

                An object of this plan is to minimise the need for changes to numbers, and to minimise disruption and inconvenience to end‑users if numbers are changed.

1.13        Technology

                An object of this plan is to accommodate the capabilities and usage of different telecommunications technologies and terminal equipment in Australia.

1.14        Transfer, surrender and withdrawal of numbers

                An object of this plan is to establish a framework for the transfer, surrender and withdrawal of numbers that:

                (a)    promotes the long‑term interests of end‑users; and

               (b)    facilitates the efficient supply of carriage services; and

                (c)    facilitates the administration of the Telecommunications (Numbering Charges) Act 1997.

1.15        Recognition of telecommunications industry

                An object of this plan is to recognise and support the actual and potential role and contribution of the telecommunications industry in the management of numbers.

 

Chapter 2    Numbers that are for use

  

  

2.1           Purpose of Chapter 2

                This Chapter sets out the numbers that are for use in connection with the supply of carriage services in Australia.

2.2           Numbers that are for use — public

         (1)   The numbers that are for use in connection with the supply of carriage services to the public in Australia are:

                (a)    geographic numbers; and

               (b)    local numbers that are part of a geographic number; and

                (c)    special services numbers, except a special services number:

                          (i)    with the components in columns 1 and 3 of an item in Part 1 of Schedule 1; and

                         (ii)    used in connection with the supply of the type of carriage service mentioned in column 2 of the item; and

               (d)    internal numbers; and

                (e)    international numbers; and

                (f)    emergency service numbers; and

                (g)    private numbers; and

              (ga)    freephone numbers; and

              (gb)    local rate numbers; and

                (h)    data numbers; and

                 (i)    telex numbers, except a telex number with the components in columns 1 and 2 of an item in Part 2 of Schedule 1; and

                (j)    premium rate numbers; and

               (k)    ENUM trial numbers.

         (2)   No other number may be used in connection with the supply of carriage services to the public in Australia.

2.3           Numbers that are for use — non‑public

                The numbers that are for use in connection with the supply of carriage services in Australia other than to the public include:

                (a)    special services numbers:

                          (i)    with the components in columns 1 and 3 of an item in Part 1 of Schedule 1; and

                         (ii)    used in connection with the supply of the type of carriage service mentioned in column 2 of the item; and

               (b)    telex numbers with the components in columns 1 and 2 of an item in Part 2 of Schedule 6; and

                (c)    international signalling point codes.

Note   Numbers that are not specified in this plan may also be used in connection with the supply of carriage services other than to the public.

 


Chapter 3    Telephone numbers

 

Information about Chapter 3

Chapter 3 explains the form of the following telephone numbers:

·         geographic numbers

·         special services numbers, including shared numbers

·         emergency service numbers

·         private numbers.

The Chapter also explains how the numbers may be used in connection with the supply of carriage services in Australia.

 

Part 1                 Geographic numbers

Division 1              Information about geographic numbers

 

Information about geographic numbers

This Part and Schedule 2 explain:

·         the form of geographic numbers

·         that geographic numbers must be used in connection with the supply of local services

·         the areas where geographic numbers may be used

·         the local area where numbers of local geographic significance must be used

·         the broad area where numbers of broad geographic significance must be used

·         other ways that geographic numbers can be used.

A number in the form identified in Schedule 2 is recognised as a geographic number.  A number that does not have that form is not recognised as a geographic number, and must not be used as a geographic number.

Division 2 of this Part explains the process by which standard zone units, in addition to units that were in existence at the commencement of this plan, may be created.

A standard zone unit that was in existence at the commencement of this Plan is also known either as a charging zone or a charging precinct, depending on how the area was originally identified. Division 2 of this Part sets out the mechanism to create standard zone units that are neither charging zones nor charging precincts.

The arrangements for geographic numbers are as consistent as practicable with the International Telecommunication Union document ITU‑T Recommendation E.164, Numbering Plan for the ISDN Era.


3.1           Outline of Schedule for geographic numbers

                A telephone number that is a geographic number is identified in items of Schedule 2 in the following way:

 

Column 1

Shows the first digits of the number

Column 2

Describes the charging district where a call to the number will terminate, or appears to terminate, for charging purposes

Column 3

Describes the structure of the number

Column 4

Explains the special arrangements (if any) for use of the number

3.2           Application of Part 1

         (1)   This Part applies to the use of a geographic number in connection with the supply of a carriage service to the public.

         (2)   However, this Part does not apply to the use of a geographic number in a private numbering scheme.

3.3           Geographic numbers

         (1)   A number with the components in columns 1 and 3 of an item of Schedule 2 is a geographic number.

         (2)   However, if the special arrangements mentioned for a geographic number in column 4 of Schedule 2 mention that the number is not for use after a particular day, the number is not a geographic number after that day.

3.4           Use of geographic numbers

         (1)   A geographic number must not be used except in connection with the supply of a local service.

         (2)   A call made in Australia to a geographic number must:

                (a)    terminate at a location in a charging district mentioned for the number in column 2 of Schedule 2; or

               (b)    be charged for in the way mentioned in subsection (3).

         (3)   The call charge for the call must be worked out as if the call were terminated at a location in the relevant charging district.

         (4)   Geographic numbers allocated in the same unit must not be used except in connection with the supply of carriage services:

                (a)    that terminate calls to the numbers at locations in the same standard zone unit; or

               (b)    for which the call charge for the calls is worked out as if the calls were terminated at locations in the standard zone unit.

         (5)   This section does not prevent another number being used in connection with the supply of a local service.

Notes

1.     Geographic numbers are allocated in units of particular sizes: see section 6.23.

2.     The geographic limits on the use of geographic numbers restricts movement of the numbers between different locations.

3.5           Using numbers of local geographic significance: numbers in Part 1 of Schedule 3

         (1)   A geographic number mentioned in Part 1 of Schedule 3 is a number of local geographic significance.

         (2)   The number must not be issued except in connection with the supply of a carriage service:

                (a)    that terminates a call to the number at a location in the geographic sector or area mentioned for the number in Part 1 of Schedule 3; or

               (b)    for which the call charge for the call is worked out as if the call were terminated at a location in the geographic sector or area.

         (3)   The number must not be used except in connection with the supply of a carriage service:

                (a)    that terminates a call to the number at a location in the standard zone unit containing the geographic sector or area for which the number is issued for subsection (2); or

               (b)    for which the call charge for the call is worked out as if the call were terminated at a location in the standard zone unit.

3.6           Using numbers of local geographic significance: other numbers

         (1)   A geographic number not mentioned in Part 1 or 2 of Schedule 3 is a number of local geographic significance.

         (2)   The number must be used in connection with the supply of a carriage service in a way consistent, as far as practicable, with the existing patterns of allocation.

         (3)   The existing patterns of allocation include patterns corresponding to areas where geographic numbers with the same first 6 digits have been issued.

3.7           Using numbers of broad geographic significance: numbers in Part 2 of Schedule 3

         (1)   A number of broad geographic significance is a geographic number mentioned in Part 2 of Schedule 3.

         (2)   The number must not be used except in connection with the supply of a carriage service:

                (a)    that terminates a call to the number at a location in the charging district mentioned for the number in Part 2 of Schedule 3; or

               (b)    for which the call charge for the call is worked out as if the call were terminated at a location in the relevant charging district.

3.8           Use of local numbers

         (1)   If a local number only is dialled to make a call between 2 locations having the same area code, the number:

                (a)    may be used as a geographic number; and

               (b)    must be accepted as the geographic number by the originating access service provider for the call.

         (2)   This section does not apply to a call mentioned in section 9.8 until the date when a carriage service provider must ensure that the call can be made without dialling the area code.

Note   For renumbering arrangements for geographic numbers see section 9.4 and Schedule 9.

 

Division 2              Creating standard zone units

3.8A        Application for creation of standard zone unit

         (1)   A carriage service provider may apply to the ACA, in writing, for the creation of a standard zone unit in an area that is not a standard zone unit.

         (2)   The application must include a statement that the carriage service provider proposes:

                (a)    to allow existing end‑users who will receive service in the proposed standard zone unit to keep their existing numbers; or

               (b)    to issue existing end‑users with new numbers.

         (3)   The application must include the following information:

                (a)    a description of the area;

               (b)    a unique name for the proposed standard zone unit;

                (c)    the name of each standard zone unit adjacent to the proposed standard zone unit;

               (d)    the charging district within which the proposed standard zone unit would be located;

                (e)    both:

                          (i)    the longitude and latitude of a point within the proposed standard zone unit by which the unit can be identified; and

                         (ii)    a description of the boundaries of the proposed standard zone unit;

                (f)    for end‑users (if any) who reside in the area:

                          (i)    the numbers issued to the end‑users; and

                         (ii)    the standard zone unit for which the numbers were originally allocated for use; and

                         (iii)    an explanation of the way (if any) in which the creation of a new standard zone unit is likely to impact on the end‑users.

         (4)   If either or both of the following apply:

                (a)    the carriage service provider:

                          (i)    has issued numbers that are allocated for use in another standard zone unit to end‑users in the area of the proposed standard zone unit; and

                         (ii)    proposes that the end‑users should keep their numbers for use in the proposed standard zone unit;

               (b)    the carriage service provider:

                          (i)    has a block of numbers, from a unit of numbers allocated to it for use in another standard zone unit, which have not yet been issued to customers; and

                         (ii)    proposes to use those numbers in the proposed standard zone unit;

the application must include a request to the ACA to rezone the numbers so that they are appropriate for use in the proposed standard zone unit.

Note   If a carriage service provider does not wish to rezone numbers in an existing allocation, or does not hold any numbers that are able to be rezoned, the carriage service provider should apply for an allocation of numbers to be used in the new standard zone unit in accordance with the rules set out in Chapter 6.

If the carriage service provider wishes to recover and replace a number from an end‑user that was issued prior to the area being zoned in accordance with Division 2, the carriage service provider must comply with the rules on recovery and replacement of numbers set out in Chapter 10.

         (5)   If subsection (4) applies, the application must include:

                (a)    details of the units of numbers that were allocated for use in another standard zone unit; and

               (b)    confirmation that the proposed standard zone unit will be in the same charging district as that other standard zone unit to which the numbers had been allocated.

Note   The arrangements in this section are consistent with the requirements for rezoning numbers under section 6.33, which is located in Part 3 of Chapter 6.

3.8B        Notification of application for creation of standard zone unit

         (1)   As soon as practicable after receiving an application under subsection 3.8A (1), the ACA must place a copy of the application on an Internet website operated by or for the ACA.

         (2)   As soon as practicable after receiving an application under subsection 3.8A (1), the ACA must notify, in writing:

                (a)    each carriage service provider that holds geographic numbers in the proposed standard zone unit at the time the ACA receives the application; and

               (b)    any other carriage service provider that the ACA considers may be disadvantaged or otherwise inconvenienced by the creation of the proposed standard zone unit;

 that the ACA has received the application.

         (3)   The notification under subsection (2) must also include statements that:

                (a)    the application has been placed on a website operated by or for the ACA; and

               (b)    the carriage service provider may make an objection to the creation of the standard zone unit in accordance with section 3.8C.

3.8C        Objections to application for creation of standard zone unit

         (1)   A carriage service provider that:

                (a)    is notified under subsection 3.8B (2); or

               (b)    considers that it may be disadvantaged, or otherwise inconvenienced, by the creation of a proposed standard zone unit;

may object to the creation of the proposed standard zone unit.

         (2)   An objection by a carriage service provider must:

                (a)    be made in writing; and

               (b)    be received by the ACA not later than:

                          (i)    20 working days after the day on which the ACA placed a copy of the application on a website under subsection 3.8B (1); or

                         (ii)    if the ACA, in writing, allows the carriage service provider to make an objection after the end of that period — the time allowed by the ACA; and

                (c)    include a statement that the creation of the standard zone unit:

                          (i)    is likely to affect the capacity of the carriage service provider to fulfil its obligations in respect of untimed local calls set out in Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999; or

                         (ii)    is likely to affect the capacity of the carriage service provider to comply with the arrangements made under section 3.4 in relation to geographic numbers; or

                         (iii)    will impose undue costs on the carriage service provider’s capacity to route, or bill for, calls to or from the proposed standard zone unit; and

               (d)    give reasons in support of the objection.

3.8D        ACA decision on application for creation of standard zone unit

         (1)   The ACA must decide whether or not to create the standard zone unit proposed in the application within 40 working days after receiving the application.

Note   The ACA creates a standard zone unit in accordance with section 3.8G.

         (2)   If the ACA receives an application under subsection 3.8A (1), the ACA may ask the carriage service provider, in writing, to give it further information on matters mentioned in the application to allow it to consider the application.

Example

The ACA may ask the applicant for further information about numbers that:

·      are already in use in another standard zone unit within the same charging district; and

·      may also be appropriate to use in the proposed standard zone unit.

         (3)   The 40 days mentioned in subsection (1) do not include a period:

                (a)    starting when the ACA asks the carriage service provider under subsection (2) for further information; and

               (b)    ending when the ACA receives the information.

         (4)   In deciding whether or not to create the standard zone unit, the ACA must have regard to:

                (a)    the objects of this plan; and

               (b)    the ability of any carriage service provider to fulfil its obligations in respect of untimed local calls set out in Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 if the standard zone unit were created; and

                (c)    the ability of any carriage service provider to comply with the arrangements made under section 3.4 in relation to geographic numbers if the standard zone unit were created; and

               (d)    the reasons given in support of any objection made by a carriage service provider under section 3.8C; and

                (e)    the extent to which the creation of the new standard zone unit would impose undue costs on carriage service providers, and whether the imposition of the costs would outweigh the advantages of creating the new standard zone unit.

         (5)   The ACA must notify the applicant of a decision under subsection (1), in writing, as soon as practicable after making the decision.

3.8E        Register of standard zone units

         (1)   The ACA must make and keep a register to record standard zone created after decisions under subsection 3.8D (1).

         (2)   The ACA must make the register available for inspection by the public at reasonable times.

         (3)   The ACA must update the register as soon as practicable if:

                (a)    the details recorded in the register have changed; or

               (b)    the ACA makes a decision, in relation to a carriage service provider or a standard zone unit, that affects a matter recorded in the register.

3.8F        Creation of standard zone unit by registration

         (1)   If the ACA decides under subsection 3.8D (1) to create a standard zone unit, the ACA must create the standard zone unit in accordance with this section as soon as practicable after making the decision.

         (2)   The ACA must include in the register kept under section 3.8E:

                (a)    the details of the standard zone unit; and

               (b)    the information for the standard zone unit given under subsection 3.8A (2) by the applicant for the creation of the standard zone unit.

         (3)   The standard zone unit is taken to have been created when the ACA completes the arrangements set out in subsection (2).

         (4)   The ACA may, at any time, include other information about the standard zone unit in the register.

3.8G        ACA decision on request to rezone numbers to be used in new standard zone unit

         (1)   If an application under subsection 3.8A (1) includes a request for the ACA to rezone numbers so that they are appropriate for use in a proposed standard zone unit:

                (a)    the ACA is not required to make a decision if the ACA refuses to create the standard zone unit proposed in the application; and

               (b)    if the ACA decides to create the standard zone unit, the ACA must decide whether to approve or refuse the request within 5 working days after making that decision.

Note   There are several processes by which a carriage service provider may be provided with numbers that can be used in a new standard zone unit.

One process is to rezone numbers allocated for use in a new standard zone unit in the same charging district as the charging district in which the new standard zone unit is to be created. This section provides the ACA with the discretion to rezone a block of contiguous numbers in an allocation for use in the new standard zone unit.

If a carriage service provider has already issued numbers to customers that are in areas that are to be rezoned under Division 2, the provider may choose to request the ACA to rezone a block of numbers which includes those customers’ numbers. The ACA may only make a decision to rezone numbers where the carriage service provider has made an application for the ACA to do so under section 3.8A.

         (2)   In deciding whether to make a decision under subsection (1), the ACA must have regard to:

                (a)    the objects of this plan; and

               (b)    the ability of any carriage service provider to fulfil its obligations in respect of untimed local calls set out in Part 4 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 if the standard zone unit were created; and

                (c)    the ability of any carriage service provider to comply with the arrangements made under section 3.4 in relation to geographic numbers if the standard zone unit were created; and

               (d)    the reasons given in support of any objection made by a carriage service provider under section 3.8C; and

                (e)    whether the new standard zone unit will be in the same charging district as the other standard zone unit to which the numbers had been allocated.

         (3)   The ACA must notify the applicant of a decision under subsection (1), in writing, as soon as practicable after making the decision.

         (4)   The ACA must update the Register, maintained under section 465 of the Act, to reflect an approval of a request.

Part 2                 Special services numbers

Division 1              Information about special services numbers

 

Information about special services numbers

This Part and Schedule 4 explain:

·         the form of special services numbers

·         that special services numbers must be used in connection with the supply of carriage services specified for the numbers

·         the broad level of charge for calls to special services numbers

·         which special services numbers are shared selectable numbers, or shared non‑selectable numbers, and how they may be used

·         which special services numbers are access codes, and how they may be used

·         other ways that special services numbers can be used.

A special services number does not show the geographic location of the number being called.

A number in the form identified in Schedule 4 is recognised as a special services number.  A number that does not have that form is not recognised as a special services number, and must not be used as a special services number.

The arrangements for special services numbers are as consistent as practicable with the International Telecommunication Union document ITU‑T Recommendation E.164, Numbering Plan for the ISDN Era.

 

3.9           Outline of Schedule for special services numbers

                A telephone number that is a special services number is identified in items of Schedule 4 in the following way:

 

Column 1

Shows the number, or the first digits of the number (the prefix)

Column 2

Describes the carriage service to which the prefix relates and explains (in italics) whether the level of call charge for the number is limited to a low charge

Column 3

Describes the structure for the number and explains (in italics) special arrangements (if any) for use of the number

Column 4

Explains whether an incoming call from outside Australia may be routed to the number and also explains (in italics) whether the number is a type of shared number

3.10        Application of Part 2

         (1)   This Part applies to the use of a special services number specified in Schedule 4 in connection with the supply of carriage services to the public.

         (2)   However, this Part does not apply to the use of a special services number in a private numbering scheme.

3.11        Special services numbers

         (1)   A number with the components in columns 1 and 3 of an item of Schedule 4 is a special services number.

         (2)   However, if the special arrangements mentioned in italics in column 3 of Schedule 4 for a number state that the number is not for use before a particular day, the number is not a special services number until that day.

         (3)   However, if the special arrangements mentioned in italics in column 3 of Schedule 4 for a number state that the number is not for use after a particular day, the number is not a special services number after that day.

         (4)   A number with 4 to 13 digits (inclusive), and with the prefix ‘10’, ‘11’ or ‘12’, is also a special services number.

3.12        Using special services numbers

         (1)   A special services number must not be used except in connection with the supply of the type of carriage service mentioned for the number in column 2 of Schedule 4.

         (2)   However, a special services number with 4 to 15 digits (inclusive), and with the prefix ‘10’, ‘11’ or ‘12’, must not be used except:

                (a)    in connection with the supply of an incoming only international service; or

               (b)    in accordance with arrangements for the number mentioned in section 3.18; or

                (c)    in accordance with arrangements for the number mentioned in other provisions of this Part.

         (3)   This section does not prevent another number being used in connection with the supply of carriage services mentioned in column 2 of Schedule 4.

Note   Sections 3.16 and 3.17 explain whether the number is a shared number that must be used in connection with the supply of a selectable or non‑selectable carriage service.

3.12A      Using special services number 12 23 for national and international operator connected call service or operator service

                In addition to subsection 3.12 (1), the special services number 12 23 may be used in connection with the supply of:

                (a)    a national and international operator connected call service; or

               (b)    an operator service;

only in accordance with the table and sections 3.12B, 3.12C and 3.12D.

Table

 

Item

If the special services number is used to make a call using …

then …

1

a public mobile telecommunications service

the carriage service provider may, at its discretion, supply the national and international operator connected call service or operator service

2

a carriage service (other than a public mobile telecommunications service) that is not subject to the price control arrangements specified in a determination made by the Minister under subsection 154 (1), 155 (1) or 157 (1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999

the carriage service provider may, at its discretion, supply the national and international operator connected call service or operator service

3

a carriage service (other than a public mobile telecommunications service) that is subject to the price control arrangements specified in a determination made by the Minister under subsection 154 (1), 155 (1) or 157 (1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999

   (a)  the carriage service provider must not supply the national and international operator connected call service or operator service unless an approved implementation operation plan is in effect for the carriage service provider; and

   (b)  the carriage service provider must supply the national and international operator connected call service or operator service in accordance with the approved implementation operation plan

Note   Implementation operation plans are explained in section 3.12B.

3.12B     Implementation operation plan

         (1)   If a carriage service provider wishes to use the special services number 12 23 in connection with the supply of a national and international operator connected call service or an operator service (an optional service) in response to calls made using a carriage service that:

                (a)    is not a public mobile telecommunications service; and

               (b)    is subject to the price control arrangements specified in a determination made by the Minister under subsection 154 (1), 155 (1) or 157 (1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999;

the provider must apply to ACMA for approval of an implementation operation plan relating to how the provider will use the number to supply the optional service.

         (2)   The application must be made in a form approved by ACMA.

         (3)   The application form must require the applicant to consult with consumer organisations about the provision of optional services, and to provide a documented record of the consultations as part of the application.

Note   The applicant is expected to consult consumer organisations that are appropriate to the circumstances in which, and the clients to whom, the applicant proposes to supply the optional services. The opinion of each organisation that has been consulted will be taken into account under subsection (5).

         (4)   The application must be accompanied by a draft implementation operation plan that sets out arrangements to ensure that:

                (a)    the provider will continue to supply a directory assistance service when the special services number is used to supply optional services; and

               (b)    the supply of optional services will not diminish access to, or the supply of, a directory assistance service when the special services number is used to supply optional services; and

                (c)    consumers will be adequately informed about the availability of the optional service and any charges applicable to the supply of the optional service.

         (5)   ACMA must consider the application within 60 business days after receiving it, having regard to:

                (a)    whether the draft implementation operation plan will ensure the outcomes mentioned in subsection (4); and

               (b)    whether the draft implementation operation plan is consistent with the objects of the Act; and

                (c)    the opinion of each appropriate consumer organisation that the carriage service provider has consulted about the provision of optional services; and

               (d)    any other matter that ACMA considers relevant.

         (6)   Within the 60 business days mentioned in subsection (5), ACMA may ask the carriage service provider, in writing, to give it further information about matters mentioned in the application to allow it to consider the application.

         (7)   The 60 business days mentioned in subsection (5) do not include a period:

                (a)    starting when ACMA asks the carriage service provider under subsection (6) for further information; and

               (b)    ending when ACMA receives the information.

         (8)   If ACMA is satisfied:

                (a)    that the draft implementation operation plan sets out appropriate arrangements for subsection (4); and

               (b)    the draft implementation operation plan is consistent with the objects of the Act; and

                (c)    that the carriage service provider has given it adequate records of all consultations it has had with appropriate consumer organisations about the provision of optional services; and

               (d)    as to any other matter that ACMA considered relevant for paragraph (5) (d);

ACMA must approve the draft implementation operation plan and notify the carriage service provider of its decision.

         (9)   If ACMA is not satisfied as described in subsection (8), ACMA must:

                (a)    refuse to approve the draft implementation operation plan; and

               (b)    notify the carriage service provider of its decision.

Note   A refusal of an application is reviewable by the Administrative Appeals Tribunal: see Schedule 11.

3.12C     Amendment or replacement of implementation operation plan at ACMA’s direction

         (1)   If ACMA has approved an implementation operation plan, ACMA may direct the relevant carriage service provider, in writing:

                (a)    to amend the approved plan in a way set out in the direction; or

               (b)    to replace the approved plan with a plan set out in the direction.

         (2)   However, ACMA must not give a direction unless it is satisfied that the arrangements in:

                (a)    the approved plan, as amended; or

               (b)    the replacement plan;

will be more effective in ensuring the outcomes mentioned in subsection 3.12B (4).

         (3)   If ACMA gives a carriage service provider a direction, the provider must not supply an optional service unless ACMA notifies the provider that ACMA has decided that the provider has complied with the direction.

Note   A carriage service provider is not required to comply with the direction, and may instead decide to cease supplying optional services.

         (4)   If the carriage service provider gives ACMA an amended plan, or a replacement plan, that the provider believes complies with the direction, ACMA must decide, within 60 business days after receiving the plan, whether the provider has complied with the direction.

         (5)   Within the 60 business days mentioned in subsection (4), ACMA may ask the carriage service provider, in writing, to give it further information to allow it to consider the plan.

         (6)   The 60 business days mentioned in subsection (4) do not include a period:

                (a)    starting when ACMA asks the carriage service provider under subsection (5) for further information; and

               (b)    ending when ACMA receives the information.

         (7)   If ACMA is satisfied that the carriage service provider has complied with the direction, ACMA must approve the plan and notify the provider of its decision.

         (8)   If ACMA is not satisfied that the carriage service provider has complied with the direction, ACMA must notify the provider of its decision.

Note   A decision that ACMA is not satisfied that a carriage service provider has complied with its direction is reviewable by the Administrative Appeals Tribunal: see Schedule 11.

3.12D     Amendment or replacement of implementation operation plan on application by carriage service provider

         (1)   In addition to section 3.12C, a carriage service provider may apply to ACMA for approval of:

                (a)    an amendment of the approved implementation operation plan set out in the application; or

               (b)    a replacement implementation operation plan set out in the application.

         (2)   The application must be made in a form approved by ACMA.

         (3)   ACMA must consider the application within 60 business days after receiving it, having regard to whether the arrangements in the amended plan or the replacement plan will be more effective than the current approved implementation operation plan in ensuring the outcomes mentioned in subsection 3.12B (4).

         (4)   Within the 60 business days mentioned in subsection (3), ACMA may ask the carriage service provider, in writing, to give it further information about matters mentioned in the application to allow it to consider the application.

         (5)   The 60 business days mentioned in subsection (3) do not include a period:

                (a)    starting when ACMA asks the carriage service provider under subsection (4) for further information; and

               (b)    ending when ACMA receives the information.

         (6)   The carriage service provider must supply optional services in accordance with the provider’s current approved implementation operation plan until ACMA notifies the provider of its decision.

         (7)   If ACMA is satisfied:

                (a)    that the amended plan or the replacement plan will be more effective than the current approved plan in ensuring the outcomes mentioned in subsection 3.12B (4); and

               (b)    the amended plan or the replacement plan will be consistent with the objects of the Act; and

                (c)    as to any other matter that ACMA considered relevant for paragraph 3.12B (5) (d);

ACMA must approve the amendment or the replacement plan and notify the carriage service provider of its decision.

         (8)   If ACMA is not satisfied as described in subsection (7), ACMA must:

                (a)    refuse to approve the amendment or the replacement plan; and

               (b)    notify the carriage service provider of its decision.

Note   A refusal of an application is reviewable by the Administrative Appeals Tribunal: see Schedule 11.

3.12E      Cessation of supply of service under implementation operation plan

         (1)   If a carriage service provider:

                (a)    uses the special services number 12 23 in connection with the supply of a national and international operator connected call service or an operator service; and

               (b)    intends to cease the supply of the service;

the provider must notify ACMA of its intention, in writing, as soon as practicable before ceasing to supply the service.

         (2)   The carriage service provider must include in the notification the likely date on which the provider will cease to supply the service.

3.13        Call charge

         (1)   Column 2 of an item of Schedule 4 also explains (in italics) whether the level of call charge for the number in the item is limited to a low charge (a low charge number).

         (2)   Subsection (3) only applies to calls made to a low charge number using a standard telephone service (other than a public mobile telecommunications service).

         (3)   A low charge number is for use only in connection with the supply of carriage services for which the call charge for calls to the number:

                (a)    is worked out by reference to the number of calls made during a particular period, regardless of how long each call lasted; and

               (b)    is not more than the low charge amount.

         (4)   The low charge amount is the highest call charge for an eligible local call made using a standard telephone service, other than a public mobile telecommunications service, supplied by the national universal service provider.

         (5)   Call charge is the charge (if any) that a customer would incur for using a carriage service to make a call, disregarding optional discounts and surcharges (if any) applied to the charge.

3.14        Incoming international access

         (1)   Column 4 of an item of Schedule 4 also states whether an incoming call from outside Australia may be routed to the special services number in the item.

         (2)   If column 4 of an item of Schedule 4 states that the call may not be routed to the special services number in the item, the number must not be used in connection with the supply of a carriage service that routes the call to the number.

         (3)   If column 4 of an item of Schedule 4 states that the call may be routed to the special services number in the item, the number may be used in connection with the supply of a carriage service that routes the call to the number.

Division 2              Special services numbers that are shared numbers

 

Information about shared numbers

Shared numbers are used in connection with the supply of either a selectable or non‑selectable carriage service.

‘1234’ is a shared number used in connection with the supply of a selectable carriage service, as it is a number available to be shared by carriage service providers to supply the service mentioned for the number in Schedule 4. Callers to the number can choose to use the services of a carriage service provider by pre‑selecting to that carriage service provider or, on a call by call basis, by use of a pre‑selection over‑ride code before the shared number. Section 349 of the Act allows for the ACA to make written determinations about pre‑selection.

‘1831’ is a shared number used in connection with a calling number display over‑ride service that is also a non‑selectable carriage service.

See Dictionary for the meaning of:

·         pre‑selection over‑ride code

·         pre‑selection over‑ride service

·         non‑selectable carriage service

·         selectable carriage service.

 

3.15        Shared numbers

                Column 4 of an item of Schedule 4 also states (in italics) whether the number in the item is a type of shared number.

3.16        Shared numbers used on a selectable basis

         (1)   If column 4 of an item in Schedule 4 includes a reference to ‘shared selectable’, the number in the item is a shared number that must not be used except in connection with the supply of a selectable carriage service.

         (2)   A shared number may be used without being allocated.

         (3)   This section does not prevent another number being used in connection with the supply of a selectable carriage service.

3.17        Shared numbers used on a non‑selectable basis

         (1)   If column 4 of an item in Schedule 4 includes a reference to ‘shared non‑selectable’, the number in the item is a shared number that must not be used except in connection with the supply of a non‑selectable carriage service.

         (2)   A private number is also a shared number that must be used in connection with the supply of a non‑selectable carriage service.

         (3)   A shared number may be used without being allocated.

         (4)   This section does not prevent another number being used in connection with the supply of a non‑selectable carriage service.

3.17A      Shared numbers used on a not accessible to public basis

         (1)   If column 4 of an item in Schedule 4 includes a reference to ‘shared not accessible to public’, the number in the item is a shared number that must not be:

                (a)    accessible to the public; or

               (b)    allocated to a carriage service provider; or

                (c)    used by a carriage service provider except in connection with the supply of an assistance operator service, a delay operator service or a directory enquiries service.

         (2)   This section does not prevent another number being used in connection with the supply of an assistance operator service, a delay operator service, or a directory enquiries service.

Division 3              Special services numbers that are access codes

 

Information about access codes

Access codes are numbers used only as prefixes to other numbers.  Examples of the other numbers are:

·         international numbers

·         private numbers

·         geographic numbers

·         special services numbers.

Access codes generally indicate that a particular kind of carriage service or function is applied to a call to the number following the access code.

‘0011’ is an access code used as a prefix to an international number or a private number. The access code indicates that the number is used in connection with the supply of a carriage service of an international character.

 

3.18        International access codes

         (1)   A special services number in Part 2 of Schedule 4 may be used as a prefix to an international number or a private number.

      (1A)   However, the special services number ‘0011800’ may only be used as a prefix to a freephone subscriber number within the meaning of ITU Recommendation E.169.

         (2)   When the special services number is used in that way:

                (a)    it is an access code; and

               (b)    it may be used in conjunction with access codes that are shared numbers.

         (3)   This section does not prevent a local number, geographic number, international number or private number being used without the relevant access code.

3.19        Carriage service provider identification codes

         (1)   A special services number in Part 3 of Schedule 4 is a carriage service provider identification code that may be used as an access code for a call of a kind:

                (a)    that:

                          (i)    is listed in a determination in force under subsection 349 (1) or (2) of the Act; or

                         (ii)    uses services that the originating carriage service provider, and other carriage service providers for the call, agree are
pre‑selectable services or services for which override is available; and

               (b)    for which the number that follows the access code is another number specified in this numbering plan.

         (2)   A carriage service provider identification code:

                (a)    may be used:

                          (i)    to identify a telecommunications network, with or without the number for the call having been called; or

                         (ii)    to interconnect routing of a call between carriage service providers, with or without the number for the call having been called; and

               (b)    may prefix:

                          (i)    another number specified in this numbering plan; or

                         (ii)    an address digit for routing a call across a point of interconnection.

         (3)   This section does not prevent another number being used in connection with the supply of a selectable carriage service.

3.20        Virtual private network access codes

         (1)   A special services number in Part 4 of Schedule 4 is an access code that must not be used except as a prefix to a local number, geographic number, international number, special services number (other than an access code), internal number or private number.

         (2)   When the special services number is used in that way, it may be used in conjunction with access codes that are shared numbers.

         (3)   An internal number must not be used without the relevant access code.

         (4)   This section does not prevent a local number, geographic number, international number, special services number or private number being used without the relevant access code.

3.22        Incoming only international access codes

         (1)   A special services number in Part 6 of Schedule 4 is an access code that must not be used except as a prefix to a local number, geographic number, special services number or private number.

         (2)   This section does not prevent a local number, geographic number, special services number or private number being used without the relevant access code.

3.23        Miscellaneous access codes

         (1)   A special services number in Part 7 of Schedule 4 is an access code that must not be used except as a prefix to a local number, geographic number, international number or special services number.

         (2)   When the special services number is used in that way, it may be used in conjunction with access codes that are shared numbers.

         (3)   This section does not prevent a local number, geographic number, international number or special services number being used without the relevant access code.

 

Part 3                 Emergency service numbers

  

 

Information about emergency service numbers

This Part deals with the form of an emergency service number.

Emergency service numbers are used in connection with emergencies that are likely to require the assistance of an emergency service organisation. Subsection 466 (1) of the Act describes the organisations that are emergency service organisations.

 

3.24        Emergency service numbers

                For subsection 466 (2) of the Act, the following numbers are emergency service numbers:

                (a)    the primary emergency service number is ‘000’;

               (b)    the secondary emergency service numbers are ‘106’ and ‘112’.

3.25        Using emergency service numbers

                No other number must be:

                (a)    used as an emergency service number; or

               (b)    accepted as an emergency service number by the network on which a call to the number originates.

Note   Section 265 of the Act requires the ACA to make a determination for the provision of emergency call services having regard to the objective that a carriage service provider who supplies a standard telephone service should provide each end‑user of that standard telephone service with access, free of charge, to an emergency call service, unless the ACA considers that it would be unreasonable for such access to be provided.

 

Part 4                 Private numbers

  

3.26        Private numbers

                A private number is any number that satisfies this Part.

3.27        Use in private numbering schemes

                The number must be:

                (a)    used in a private numbering scheme that uses an escape code; or

               (b)    used in a private numbering scheme that does not use an escape code.

3.28        Private numbering scheme with escape code

         (1)   This section applies to a number used in a private numbering scheme that uses an escape code.

         (2)   The number must not begin with the escape code, unless the entire number is the escape code.

Note   See the Dictionary for the meaning of private numbering scheme.

3.29        Private numbering scheme without an escape code — numbers starting with ‘0’ or ‘1’

         (1)   This section applies to a number:

                (a)    used in a private numbering scheme that does not use an escape code; and

               (b)    starting with ‘0’ or ‘1’.

         (2)   The originating access carriage service provider for a call to the number must not treat the call as a call to a special services number.

3.30        Private numbering scheme without an escape code — numbers starting with ‘2’ to ‘9’

         (1)   This section applies to a number:

                (a)    used in a private numbering scheme that does not use an escape code; and

               (b)    starting with ‘2’, ‘3’, ‘4’, ‘5’, ‘6’, ‘7’, ‘8’ or ‘9’.

         (2)   During the period starting on the commencing day and ending on 8 November 1998, the number must not have more than 6 digits.

         (3)   At any time after 8 November 1998, the number must not have more than 8 digits.

3.31        Exceptions to private numbering schemes without an escape code

                Sections 3.29 and 3.30 do not apply to a number issued to a customer if:

                (a)    the number was issued at the customer’s request; and

               (b)    before the number was issued, the carriage service provider holding the number told the customer, in writing, that use of the number in a private numbering scheme would be likely to affect the ability of end‑users in the scheme to use the number in connection with the supply of other carriage services specified for the number in this plan; and

                (c)    the number is not an emergency service number; and

               (d)    the number is not a special services number that must, under this plan, be used in connection with supply of a calling number display over‑ride service; and

Note   See the Dictionary for the meaning of calling number display over‑ride service.

                (e)    the number is not a number that has been issued to an emergency service organisation.

Note   All private numbers are shared numbers used in connection with the supply of non‑selectable carriage services, see subsection 3.17 (2).

 

Part 5                 Freephone, local rate and premium rate numbers

 

Outline of Part 5

Part 5 makes arrangements for the allocation and management of freephone numbers, local rate numbers and premium rate numbers.

The arrangements are intended to rely on the automatic allocation of freephone numbers, local rate numbers and premium rate numbers by the automatic and electronic exchange of information, without the intervention of a human decision‑maker.

It is the ACA’s intention that the allocation of freephone, local rate and premium rate numbers, the transfer of numbers and the surrender of numbers and some related functions, such as the registration of carriage service providers, will be carried out using the expertise of a specialist body other than the ACA. However, the ACA intends to retain ultimate responsibility over its powers and functions by delegating them only if the specialist body meets certain prerequisites relating to its ability and conduct.

The administration of freephone numbers, local rate numbers and premium rate numbers will include the following elements:

·    Certain freephone numbers, local rate numbers and premium rate numbers will be available for allocation (Divisions 2 and 3).

·    A carriage service provider that wishes to be allocated a number, or to transfer or quarantine the number, will need to be registered (Division 4).

·    A registered carriage service provider may have a number allocated by reserving the number for a limited period, and for a specific reason (Divisions 5 and 6).

·    A registered carriage service provider may have a number allocated without first reserving the number (Division 7).

·    A registered carriage service provider may surrender a number that has been allocated to it (Division 8).

·    A number may be placed in quarantine for a period, before being allocated (Division 9).

·    A registered carriage service provider may transfer a number that has been allocated to it (Division 10).

·    A number may be withdrawn (Division 11).

Division 1              Introductory

3.32        Application of Part 5

         (1)   This Part applies to the allocation and use of a freephone number, local rate number or a premium rate number in connection with the supply of a carriage service to the public.

         (2)   Despite subsection (1), the following arrangements apply in the period starting on the commencement of this Part and ending when the ACA makes the first declaration under section 3.39:

                (a)    freephone numbers and local rate numbers are to be allocated, issued and used, during the period, in accordance with this Plan as it was in force immediately before the commencement of this Part;

               (b)    the ACA may make any of the arrangements required under this Part during the period (for example, preparing the first declaration of numbers under Division 3 or registering carriage service providers under Division 4);

                (c)    a carriage service provider must comply with requirements of the ACA under this Part during that period (for example, notifying the ACA of freephone numbers and local rate numbers under Division 11).

Note   Although this Part places freephone numbers and local rate numbers under new administrative arrangements, the arrangements cannot be used until the ACA has made the first declaration of numbers under section 3.39.

Until that declaration is made, the ACA’s intention is that freephone numbers and local rate numbers will be dealt with under the arrangements that were in the Plan before this Part commenced.

When the declaration is made, all freephone numbers and local rate numbers that are affected by the declaration will be administered under this Part.

3.33        Delegation

         (1)   The ACA must not delegate to a body corporate the ACA’s powers and functions in this Part relating to the registration of carriage service providers unless:

                (a)    the ACA is satisfied that the body will register providers only in accordance with rules and arrangements approved by the ACA; and

               (b)    the body has entered into a written agreement with the ACA relating to matters including:

                          (i)    the notification of the ACA about proposed changes to those approved rules and arrangements; and

                         (ii)    the manner in which the body will perform the powers and functions.

         (2)   The ACA must not delegate to a body corporate the ACA’s powers and functions under this Part relating to the allocation of numbers unless:

                (a)    the ACA is satisfied that the body will allocate the numbers using equipment and technology that will ensure the efficient and accurate allocation of numbers; and

               (b)    the ACA is satisfied that the body will allocate the numbers only in accordance with rules and arrangements approved by the ACA; and

                (c)    the body has entered into a written agreement with the ACA relating to matters including:

                          (i)    the notification of the ACA about proposed changes to those approved rules and arrangements; and

                         (ii)    the manner in which the body will perform the powers and functions.

Note   Under section 467 of the Act, the ACA may, by writing, delegate any or all of the powers conferred on the ACA by the numbering plan to a body corporate.

Division 2              Information about freephone, local rate and premium rate numbers

3.34        Outline of Schedule for freephone numbers

         (1)   A telephone number that is a freephone number is identified in an item of Schedule 4A in the following way:

 

Column 1

Shows the number, or the first digits of the number (the prefix)

Column 2

Describes the structure for the number

Column 3

Explains whether an incoming call from outside Australia may be routed to the number

         (2)   For subsection 455 (3) of the Act, a number that has the components in columns 1 and 2 of an item of Schedule 4A is a freephone number.

3.35        Outline of Schedule for local rate numbers

         (1)   A telephone number that is a local rate number is identified in an item of Schedule 4B in the following way:

 

Column 1

Shows the number, or the first digits of the number (the prefix)

Column 2

Describes the structure for the number

Column 3

Describes any limits on the use of the number

Column 4

Explains whether an incoming call from outside Australia may be routed to the number

         (2)   For subsection 455 (3) of the Act, a number that has the components in columns 1 and 2 of an item of Schedule 4B is a local rate number.

3.35A      Outline of Schedule for premium rate numbers

         (1)   A telephone number that is a premium rate number is identified in an item of Schedule 4C in the following way:

 

Column 1

Shows the number, or the first digits of the number (the prefix)

Column 2

Describes the structure for the number and explains (in italics) special arrangements (if any) for use of the number

Column 3

Explains whether an incoming call from outside Australia may be routed to the number

         (2)   For subsection 455 (3) of the Act, a number that has the components in columns 1 and 2 of an item of Schedule 4C is a premium rate number.

3.36        Incoming international access

         (1)   If an item of Schedule 4A or Schedule 4B has ‘No’ in the incoming international access column, a number identified in column 1 of the item must not be used in connection with the supply of a carriage service that routes an incoming call from outside Australia to the number.

         (2)   If an item of Schedule 4A or Schedule 4B has ‘Yes’ in the incoming international access column, a number identified in column 1 of the item may be used in connection with the supply of a carriage service that routes an incoming call from outside Australia to the number.

         (3)   In this section:

incoming international access column means:

                (a)    for Schedule 4A — column 3; and

               (b)    for Schedule 4B — column 4.

3.37        Entitlement of holder of freephone, local rate or premium rate number

         (1)   A carriage service provider that holds a freephone number, local rate number or a premium rate number has:

                (a)    the exclusive ability to make the first issue of the number to a customer; and

               (b)    the exclusive ability to supply a service on that number; and

                (c)    the exclusive ability to enter into a commercial relationship with another carriage service provider, governed by an agreement, to supply a service on that number.

         (2)   For paragraph (1) (c), the carriage service provider that holds the number is liable for:

                (a)    all charges imposed on the number under:

                          (i)    the Telecommunications (Numbering Charges) Act 1991; or

                         (ii)    the Telecommunications (Numbering Charges) Act 1997; or

               (b)    an amount of late payment penalty (within the meaning of section 468 of the Act) imposed in relation to annual charge (within the meaning of section 468 of the Act) payable by the carriage service provider.

Note   The Telecommunications (Annual Numbering Charge — Late Payment Penalty) Determination 2000 provides for late payment penalty under section 468 of the Act.

Division 3              Freephone, local rate and premium rate numbers that may be allocated

3.38        Numbers that are available for allocation

         (1)   A freephone number is available for allocation if:

                (a)    the ACA has declared, in writing, that the number is available; and

               (b)    the declaration is in force in respect of the number.

         (2)   A local rate number is available for allocation if:

                (a)    the ACA has declared, in writing, that the number is available; and

               (b)    the declaration is in force in respect of the number.

         (3)   A premium rate number is available for allocation if:

                (a)    the ACA has declared, in writing, that the number is available; and

               (b)    the declaration is in force in respect of the number.

3.39        Declaration that number is available for allocation

         (1)   The ACA may, in writing, declare that a freephone number, local rate number or a premium rate number is available for allocation.

         (2)   A number that has already been allocated may be included in a declaration.

Note   The purpose of the declaration is to identify as many numbers as possible that the ACA may allocate at any time in the future.

It should not be assumed that the inclusion in a declaration of a number that has already been allocated means that the current arrangements for that number are being changed. A declaration may include a number that has already been allocated because it is being identified for a future allocation if the number is ever surrendered or withdrawn.

         (3)   Before making the declaration, the ACA must consult with:

                (a)    an advisory committee; and

               (b)    any carriage service provider that is likely to be affected by the declaration.

         (4)   The declaration must specify:

                (a)    its date and time of effect; and

               (b)    the numbers or class of numbers to which it applies.

         (5)   If the declaration is to operate for a fixed period, it must also specify the period.

         (6)   The ACA may tell any person whom it considers may have an interest in the declaration, about the declaration.

         (7)   The ACA must:

                (a)    establish and maintain a register of declarations made for available numbers; and

               (b)    make the register available for public inspection.

3.40        Matters to consider in making declaration

         (1)   The ACA must ensure that a declaration made under section 3.39 will promote the public interest in the management and administration of numbers that are subject to the declaration.

         (2)   In deciding whether a declaration will promote the public interest in the management and administration of the numbers that are subject to the declaration, the ACA must consider any matters it considers relevant.

Division 4              Registration of carriage service providers

3.41        Registration is required before allocation, surrender, release from quarantine

                A carriage service provider must hold a current registration given under this Division before the provider is entitled:

                (a)    to have a freephone number, local rate number or a premium rate number allocated to it; or

               (b)    to surrender a freephone number, local rate number or a premium rate number; or

                (c)    to apply for the release of a quarantined number.

Note   The carriage service provider must also comply with other requirements in this Part.

3.42        Approval of registration forms and arrangements

         (1)   The ACA must, in writing, approve:

                (a)    the following forms to be used for the purposes of an application for registration under this Division:

                          (i)    1 or more application forms;

                         (ii)    1 or more forms of guarantee to be given by a bank; and

               (b)    the place or places at which an application may be lodged.

         (2)   The ACA may, in writing, approve arrangements for the ACA to offer an option for making applications for registration by electronic means.

Note   Registration will be carried out manually after this Division commences, but the ACA may be able to offer an option of electronic registration in the future.

3.43        Application for registration

         (1)   A carriage service provider that wishes to be registered must apply to the ACA, using the appropriate approved application form.

         (2)   The registered carriage service provider must include, as part of the application, any form of guarantee, to be given by a bank, that is required by the approved application form.

         (3)   The application must be lodged at an approved place.

3.44        Decision on application for registration

         (1)   The ACA must, within 14 days after receiving the application, approve it or refuse it.

         (2)   The ACA must approve the application if the carriage service provider:

                (a)    completes the application form in accordance with the instructions in the form; and

               (b)    provides the required form of guarantee (if any); and

                (c)    is able, at the time of application, to participate in the electronic allocation procedures set out in Divisions 5, 6 and 7 (whether or not the provider intends to participate in the procedure at the time of the application); and

               (d)    has indicated that it will continue to participate in the electronic allocation procedures set out in Divisions 5, 6 and 7 at all times when the provider holds a freephone number, local rate number or a premium rate number.

         (3)   If the ACA approves the application, the ACA must:

                (a)    register the carriage service provider in a register established for the purposes of this subsection; and

               (b)    assign to the provider a unique form of identification.

Note   The form of identification is likely to be an alpha‑numeric code.

The carriage service provider will be able to use the form of identification in the electronic allocation, surrender, transfer and withdrawal procedures set out in this Part.

         (4)   The ACA must refuse the application if the carriage service provider does not meet the requirements of subsection (2).

         (5)   If the ACA refuses the application, the ACA must notify the carriage service provider, as soon as practicable, that the application has been refused.

3.45        Registered carriage service provider

                A carriage service provider that is registered under paragraph 3.44 (3) (a) is a registered carriage service provider.

Division 5              Allocation by reservation of number (withheld status)

3.46        Withheld status

         (1)   This Division empowers the ACA to allocate a freephone number, local rate number or a premium rate number by the reservation of the number, on application by a registered carriage service provider, for a short period that will give the provider time to allow a potential customer to consider the use of the allocated number.

         (2)   This process is allocation with withheld status.

3.47        Approval of forms and arrangements: allocation with withheld status

         (1)   The ACA must, in writing, approve:

                (a)    1 or more application forms to be used for the purposes of making an application for the allocation of a freephone number, local rate number or a premium rate number with withheld status; and

               (b)    arrangements for making applications for the allocation of the number by electronic means; and

                (c)    arrangements for allocating the number by electronic means.

Note   The ACA intends to consult with the specialist body that will allocate freephone numbers, local rate numbers and premium rate numbers to ensure that the forms and arrangements are suitable, and as simple as practicable.

         (2)   The approved arrangements must include arrangements for the ACA:

                (a)    to specify the maximum number of numbers, or a proportion or quota of numbers, that may be allocated with withheld status to a class of registered carriage service providers; and

               (b)    to specify a maximum period for which a number may be allocated with withheld status (the reservation period); and

                (c)    to extend a reservation period on application, and to specify a  period of extension that is to apply to all applications; and

               (d)    to give registered carriage service providers written information about the effect of the approved arrangements, including the ACA’s powers:

                          (i)    to specify reservation periods; and

                         (ii)    to withdraw a number that has been allocated by reservation at the end of a reservation period unless the provider confirms the allocation.

         (3)   The approved arrangements must include arrangements for the payment and collection of:

                (a)    the amount of charge (if any) for the application fixed by a determination under section 53 of the Australian Communications Authority Act 1997; and

               (b)    the amount of charge (if any) imposed on the allocation of the numbers by Part 2 of the Telecommunications (Numbering Charges) Act 1997.

         (4)   The approved arrangements must include arrangements that ensure that a carriage service provider may not apply for the allocation of a number which was previously allocated to it by reservation for a period (the specified period) following:

                (a)    the end of the reservation period; or

               (b)    the surrender of the number by the carriage service provider before the end of the reservation period for the number; or

                (c)    the withdrawal of the number.

Note   The prohibition in subsection (4) is intended to ensure that other registered carriage service providers that may be seeking the allocation of a particular number will not be prevented from obtaining the number because the previous holder of the number is attempting to extend the reservation indefinitely. 

         (5)   The approved arrangements must include arrangements for the ACA to specify, in writing, the period mentioned in subsection (4).

         (6)   The approved arrangements must include arrangements for the ACA to refuse an application for the allocation of a particular number with withheld status, an application for the extension of a reservation period, or the notification of the confirmation of a reservation period, for any of the following reasons:

                (a)    the number is not a freephone number, local rate number or a premium rate number;

               (b)    the number is not included in a declaration that is in force under section 3.39;

                (c)    the number has already been allocated at the time when the ACA considers the application;

               (d)    the number is a quarantined number when the ACA considers the application;

                (e)    the application was not made by a registered carriage service provider;

                (f)    the application form does not include all of the information required to be given;

                (g)    the registered carriage service provider has had a liability for payment of annual numbering charge outstanding for more than 6 months before the date of the application or the notification, and the ACA has not declared that the number may again be allocated to the provider;

                (h)    the number was previously allocated to the registered carriage service provider by reservation, but:

                          (i)    the provider surrendered the number within the reservation period; and

                         (ii)    the specified period relevant to the reservation has not ended;

                 (i)    the number was previously allocated to the registered carriage service provider by reservation, but:

                          (i)    the number was withdrawn by the ACA within the reservation period; and

                         (ii)    the ACA has not declared that the number may again be allocated to the provider;

                (j)    the ACA has previously withdrawn the number from the registered carriage service provider because the number was allocated, issued, transferred or used in a manner inconsistent with this Plan, and the ACA has not declared that the number may again be allocated to the provider;

               (k)    the ACA has previously withdrawn the number from the registered carriage service provider because the number was not placed in service for a particular period, and the ACA has not declared that the number may again be allocated to the provider;

                 (l)    the ACA has previously withdrawn the number from the registered carriage service provider in compliance with an order made by a court, and the ACA has not declared that the number may again be allocated to the provider;

               (m)    in the case of an application for the extension of a reservation period, the period has already been extended once;

                (n)    the registered carriage service provider has had a liability for payment of an amount of late payment penalty (within the meaning of section 468 of the Act) outstanding for more than 6 months before the date of the application or the notification.

Note   The Telecommunications (Annual Numbering Charge — Late Payment Penalty) Determination 2000 provides for late payment penalty under section 468 of the Act.

         (7)   The approved arrangements must include arrangements for the ACA to declare that a number may again be allocated to a registered carriage service provider for the purposes of paragraph (6) (g), (i), (j), (k) or (l).

Note   The ACA wishes to make it clear that, if it withdraws a number from a registered carriage service provider for punitive reasons, that provider cannot re‑apply for allocation of the number without a declaration by the ACA that the number may be allocated to the provider.

         (8)   The approved arrangements must include arrangements:

                (a)    for a registered carriage service provider:

                          (i)    to confirm the allocation of a number that has been reserved if the provider wishes to do so; or

                         (ii)    to change the basis on which a number has been allocated, from allocation with withheld status to allocation with reserved status, if the provider wishes to do so; and

               (b)    for dealing with the provider in the same way as an application for allocation of the number, or with variations that reflect the provider’s requirements.

         (9)   The approved arrangements:

                (a)    are not limited to the arrangements mentioned in subsections (2), (3), (4), (5), (7) and (8); but

               (b)    must not include a reason for refusing an application that is not mentioned in subsection (6).

3.48        Electronic allocation procedure

         (1)   The electronic allocation procedure for the allocation of a freephone number, local rate number or a premium rate number with withheld status consists of:

                (a)    the arrangements for making an application by electronic means that are approved under section 3.47; and

               (b)    the arrangements for allocating the number by electronic means that are approved under section 3.47.

         (2)   The electronic allocation procedure may be operated:

                (a)    by the ACA; or

               (b)    by a delegate of the ACA; or

                (c)    by the ACA and a delegate taking responsibility for different parts of the procedure.

3.49        Eligibility

                After the ACA approves all of the arrangements that create the electronic allocation procedure, a carriage service provider is eligible to be allocated a freephone number, local rate number or a premium rate number with withheld status only if:

                (a)    the provider is a registered carriage service provider; and

               (b)    the provider makes an application for allocation by the reservation of the number; and

                (c)    the application is approved.

Note   The ACA wishes to make it clear that freephone numbers, local rate numbers and premium rate numbers will only be allocated with withheld status to registered carriage service providers, and only in accordance with the electronic allocation procedure in this Division.

There will be no ‘special’ or ‘over‑the‑counter’ allocations.

3.50        Entitlement to allocation with withheld status

                A registered carriage service provider may apply for the allocation of a freephone number, local rate number or a premium rate number with withheld status.

3.51        Application for allocation with withheld status

         (1)   A registered carriage service provider must apply for the allocation using the approved application form that is appropriate to the provider.

         (2)   The registered carriage service provider must make the application in accordance with the electronic allocation procedure.

3.52        Decision on application

         (1)   The decision that will be made in response to the application will be made by:

                (a)    the automated processing of the application in accordance with the electronic allocation procedure; and

               (b)    an automated response to the application in accordance with the electronic allocation procedure.

         (2)   The application:

                (a)    is approved if it is approved in accordance with the electronic allocation procedure; and

               (b)    is refused if it is refused in accordance with the electronic allocation procedure.

         (3)   If the application is approved:

                (a)    a number will be allocated to the registered carriage service provider with withheld status by an automated response in accordance with the electronic allocation procedure; and

               (b)    the number is a reserved number.

3.53        Unit size

                Freephone numbers, local rate numbers and premium rate numbers will be allocated with withheld status individually.

3.54        Extending reservation period

         (1)   Before the end of the reservation period for a reserved number, the registered carriage service provider that holds the reserved number may apply for the extension of the reservation period.

         (2)   The registered carriage service provider must make the application in accordance with the electronic allocation procedure.

         (3)   The decision that will be made in response to the application will be made by:

                (a)    the automated processing of the application in accordance with the electronic allocation procedure; and

               (b)    an automated response to the application in accordance with the electronic allocation procedure.

         (4)   The application:

                (a)    is approved if it is approved in accordance with the electronic allocation procedure; and

               (b)    is refused if it is refused in accordance with the electronic allocation procedure.

         (5)   If the application is approved, the reservation period will be extended by an automated response in accordance with the electronic allocation procedure.

         (6)   To avoid doubt, if the ACA has specified a period of extension that is to apply to all applications, the ACA has no discretion to accept or offer a different period.

3.55        Action during reservation period

                A registered carriage service provider to which a reserved number has been allocated with withheld status has 3 options in relation to the number during the reservation period for the reserved number:

                (a)    the provider may notify the ACA that the provider wishes to confirm the allocation; or

               (b)    the provider may surrender the reserved number to the ACA; or

                (c)    if the provider does not notify the ACA, and does not surrender the reserved number, the reserved number is taken to have been withdrawn at the end of the reservation period.

Note 1   The provider also has the options mentioned in sections 3.54 and 3.57.

Note 2   The surrender of numbers is dealt with in Division 8. The withdrawal of numbers is dealt with in Division 11.

3.56        Notification of confirmation of allocation

         (1)   If a registered carriage service provider wishes to confirm the allocation of a reserved number, the provider must notify the ACA in accordance with the electronic allocation procedure.

         (2)   The response to the notification will be made by:

                (a)    the automated processing of the notification in accordance with the electronic allocation procedure; and

               (b)    an automated response to the notification.

         (3)   The registered carriage service provider will be notified of the decision by an automated response in accordance with the electronic allocation procedure.

         (4)   If the notification is approved, the reserved number will be allocated to the registered carriage service provider by an automated response in accordance with the electronic allocation procedure.

         (5)   The confirmation of the allocation is subject to the following conditions:

                (a)    if the registered carriage service provider’s intention, at the time of confirmation, is to issue the reserved number to a customer, the provider must issue the reserved number within 14 months after the day of the confirmation;

               (b)    if the registered carriage service provider’s intention, at the time of confirmation, is not to issue the reserved number to a customer, the provider must place the reserved number in service within 5 days after the day of the confirmation.

Note   The registered carriage service provider may intend to use a reserved number itself, rather than issuing it to a customer.

3.57        Notification of change of reservation

         (1)   If a registered carriage service provider wishes to change the basis on which a reserved number has been allocated, from allocation with withheld status to allocation with reserved status, the provider must notify the ACA in accordance with the electronic allocation procedure.

Note   It is not possible to convert the basis on which a reserved number has been allocated, from allocation with reserved status to allocation with withheld status.

         (2)   The response to the notification will be made by:

                (a)    the automated processing of the notification in accordance with the electronic allocation procedure; and

               (b)    an automated response to the notification.

         (3)   The registered carriage service provider will be notified of the decision by an automated response in accordance with the electronic allocation procedure.

         (4)   If the notification is approved, the basis on which the reserved number was allocated will be changed by an automated response in accordance with the electronic allocation procedure.

Division 6              Allocation by reservation of number (reserved status)

3.58        Reserved status

         (1)   This Division empowers the ACA to allocate a freephone number, local rate number or a premium rate number by the reservation of the number, on application by a registered carriage service provider, for a period that will give the registered carriage service provider time to establish a service in connection with the allocated number for itself or a contracted customer.

         (2)   This process is allocation with reserved status.

3.59        Approval of forms and arrangements: allocation with reserved status

         (1)   The ACA must, in writing, approve:

                (a)    1 or more application forms to be used for the purposes of making an application for the allocation of a freephone number, local rate number or a premium rate number with reserved status; and

               (b)    arrangements for making applications for the allocation of the number by electronic means; and

                (c)    arrangements for allocating the number by electronic means.

Note   The ACA intends to consult with the specialist body that will allocate freephone numbers, local rate numbers and premium rate numbers to ensure that the forms and arrangements are suitable, and as simple as practicable.

         (2)   The approved arrangements must include arrangements for the ACA:

                (a)    to specify the maximum number of numbers, or a proportion or quota of numbers, that may be allocated with reserved status to a class of registered carriage service providers; and

               (b)    to specify a maximum period for which a number may be allocated with reserved status (the reservation period); and

                (c)    to extend a reservation period on application, and to specify a  period of extension that is to apply to all applications; and

               (d)    to treat an application as being an application for the allocation of the number with withheld status if the registered carriage service provider wishes to change the application in that way; and

                (e)    to give registered carriage service providers written information about the effect of the approved arrangements, including the ACA’s powers:

                          (i)    to specify reservation periods; and

                         (ii)    to withdraw a number that has been allocated by reservation at the end of a reservation period unless the provider confirms the allocation.

         (3)   The approved arrangements must include arrangements for the payment and collection of:

                (a)    the amount of charge (if any) for the application fixed by a determination under section 53 of the Australian Communications Authority Act 1997; and

               (b)    the amount of charge (if any) imposed on the allocation of the numbers by Part 2 of the Telecommunications (Numbering Charges) Act 1997.

         (4)   The approved arrangements must include arrangements that ensure that a carriage service provider may not apply for the allocation of a number which was previously allocated to it by reservation for a period (the specified period) following:

                (a)    the end of the reservation period; or

               (b)    the surrender of the number by the carriage service provider before the end of the reservation period for the number; or

                (c)    the withdrawal of the number.

Note   The prohibition in subsection (4) is intended to ensure that other registered carriage service providers that may be seeking the allocation of a particular number will not be prevented from obtaining the number because the previous holder of the number is attempting to extend the reservation indefinitely. 

         (5)   The approved arrangements must include arrangements for the ACA to specify, in writing, the period mentioned in subsection (4).

         (6)   The approved arrangements must include arrangements for the ACA to refuse an application for the allocation of a particular number with reserved status, an application for the extension of a reservation period, or the notification of the confirmation of a reservation period, for any of the following reasons:

                (a)    the number is not a freephone number, local rate number or a premium rate number;

               (b)    the number is not included in a declaration that is in force under section 3.39;

                (c)    the number has already been allocated at the time when the ACA considers the application;

               (d)    the number is a quarantined number when the ACA considers the application;

                (e)    the application was not made by a registered carriage service provider;

                (f)    the application form does not include all of the information required to be given;

                (g)    the registered carriage service provider has had a liability for payment of annual numbering charge outstanding for more than 6 months before the date of the application or the notification, and the ACA has not declared that the number may again be allocated to the provider;

                (h)    the number was previously allocated to the registered carriage service provider by reservation, but:

                          (i)    the provider surrendered the number within the reservation period; and

                         (ii)    the specified period relevant to the reservation has not ended;

                 (i)    the number was previously allocated to the registered carriage service provider by reservation, but:

                          (i)    the number was withdrawn by the ACA within the reservation period; and

                         (ii)    the ACA has not declared that the number may again be allocated to the provider;

                (j)    the ACA has previously withdrawn the number from the registered carriage service provider because the number was allocated, issued, transferred or used in a manner inconsistent with this Plan, and the ACA has not declared that the number may again be allocated to the provider;

               (k)    the ACA has previously withdrawn the number from the registered carriage service provider because the number was not placed in service for a particular period, and the ACA has not declared that the number may again be allocated to the provider;

                 (l)    the ACA has previously withdrawn the number from the registered carriage service provider in compliance with an order made by a court, and the ACA has not declared that the number may again be allocated to the provider;

               (m)    in the case of an application for the extension of a reservation period, the period has already been extended once;

                (n)    the registered carriage service provider has had a liability for payment of an amount of late payment penalty (within the meaning of section 468 of the Act) outstanding for more than 6 months before the date of the application or the notification.

Note   The Telecommunications (Annual Numbering Charge — Late Payment Penalty) Determination 2000 provides for late payment penalty under section 468 of the Act.

         (7)   The approved arrangements must include arrangements for the ACA to declare that a number may again be allocated to a registered carriage service provider for the purposes of paragraph (6) (g), (i), (j), (k) or (l).

Note   The ACA wishes to make it clear that, if it withdraws a number from a registered carriage service provider for punitive reasons, that provider cannot re‑apply for allocation of the number without a declaration by the ACA that the number may be allocated to the provider. 

         (8)   The approved arrangements must include arrangements:

                (a)    for a registered carriage service provider to confirm the allocation of a number that has been reserved if the provider wishes to do so; and

               (b)    for dealing with that application in the same way as an application for allocation of the number, or with variations that reflect the requirements of confirmation.

         (9)   The approved arrangements:

                (a)    are not limited to the arrangements mentioned in subsections (2), (3), (4), (5), (7) and (8); but

               (b)    must not include a reason for refusing an application that is not mentioned in subsection (6).

3.60        Electronic allocation procedure

         (1)   The electronic allocation procedure for the allocation of a freephone number, local rate number or a premium rate number with reserved status consists of:

                (a)    the arrangements for making an application by electronic means that are approved under section 3.59; and

               (b)    the arrangements for allocating the number by electronic means that are approved under section 3.59.

         (2)   The electronic allocation procedure may be operated:

                (a)    by the ACA; or

               (b)    by a delegate of the ACA; or

                (c)    by the ACA and a delegate taking responsibility for different parts of the procedure.

3.61        Eligibility

                After the ACA approves all of the arrangements that create the electronic allocation procedure, a carriage service provider is eligible to be allocated a freephone number, local rate number or a premium rate number with reserved status only if:

                (a)    the provider is a registered carriage service provider; and

               (b)    the provider makes an application for allocation by the reservation of the number; and

                (c)    the application is approved.

Note   The ACA wishes to make it clear that freephone numbers, local rate numbers and premium rate numbers will only be allocated with reserved status to registered carriage service providers, and only in accordance with the electronic allocation procedure in this Division.

There will be no ‘special’ or ‘over‑the‑counter’ allocations.

3.62        Entitlement to allocation with reserved status

                A registered carriage service provider may apply for the allocation of a freephone number, local rate number or a premium rate number with reserved status.

3.63        Application for allocation with reserved status

         (1)   A registered carriage service provider must apply for the allocation using the approved application form that is appropriate to the provider.

         (2)   The registered carriage service provider must make the application in accordance with the electronic allocation procedure.

3.64        Decision on application

         (1)   The decision that will be made in response to the application will be made by:

                (a)    the automated processing of the application in accordance with the electronic allocation procedure; and

               (b)    an automated response to the application in accordance with the electronic allocation procedure.

         (2)   The application:

                (a)    is approved if it is approved in accordance with the electronic allocation procedure; and

               (b)    is refused if it is refused in accordance with the electronic allocation procedure.

         (3)   If the application is approved:

                (a)    a number will be allocated to the registered carriage service provider with reserved status by an automated response in accordance with the electronic allocation procedure; and

               (b)    the number is a reserved number.

3.65        Unit size

                Freephone numbers, local rate numbers and premium rate numbers will be allocated with reserved status individually.

3.66        Extending reservation period

         (1)   Before the end of the reservation period for a reserved number, the registered carriage service provider that holds the reserved number may apply for the extension of the reservation period.

         (2)   The registered carriage service provider must make the application in accordance with the electronic allocation procedure.

         (3)   The decision that will be made in response to the application will be made by:

                (a)    the automated processing of the application in accordance with the electronic allocation procedure; and

               (b)    an automated response to the application in accordance with the electronic allocation procedure.

         (4)   The application:

                (a)    is approved if it is approved in accordance with the electronic allocation procedure; and

               (b)    is refused if it is refused in accordance with the electronic allocation procedure.

         (5)   If the application is approved, the reservation period will be extended by an automated response in accordance with the electronic allocation procedure.

         (6)   To avoid doubt, if the ACA has specified a period of extension that is to apply to all applications, the ACA has no discretion to accept or offer a different period.

3.67        Action during reservation period

                A registered carriage service provider to which a reserved number has been allocated with reserved status has 3 main options in relation to the number during the reservation period for the reserved number:

                (a)    the provider may notify the ACA that the provider wishes to confirm the allocation; or

               (b)    the provider may surrender the reserved number to the ACA; or

                (c)    if the provider does not notify the ACA, and does not surrender the reserved number, the reserved number is taken to have been withdrawn at the end of the reservation period.

Note 1   The provider also has the option mentioned in section 3.66.

Note 2   The surrender of numbers is dealt with in Division 8. The withdrawal of numbers is dealt with in Division 11.

3.68        Notification of confirmation of allocation

         (1)   If a registered carriage service provider wishes to confirm the allocation of a reserved number, the provider must notify the ACA in accordance with the electronic allocation procedure.

         (2)   The response to the notification will be made by:

                (a)    the automated processing of the notification in accordance with the electronic allocation procedure; and

               (b)    an automated response to the notification.

         (3)   The registered carriage service provider will be notified of the decision by an automated response in accordance with the electronic allocation procedure.

         (4)   If the notification is approved, the reserved number will be allocated to the registered carriage service provider by an automated response in accordance with the electronic allocation procedure.

         (5)   The confirmation of the allocation is subject to the following conditions:

                (a)    if the registered carriage service provider’s intention, at the time of confirmation, is to issue the reserved number to a customer, the provider must issue the number to a customer, and place the number in service, within 5 days after the day of the confirmation;

               (b)    if the registered carriage service provider’s intention, at the time of confirmation, is not to issue the reserved number to a customer, the provider must place the number in service within 5 days after the day of the confirmation.

Note   The registered carriage service provider may intend to use a reserved number itself, rather than issuing it to a customer.

Division 7              Allocation without reservation of number

3.69        Approval of forms and arrangements: allocation without reservation of number

         (1)   The ACA must, in writing, approve:

                (a)    1 or more electronic application forms to be used for the purposes of making an application for the allocation of a freephone number, local rate number or a premium rate number without the reservation of the number; and

               (b)    arrangements for making applications for the allocation of the number by electronic means; and

                (c)    arrangements for allocating the number by electronic means.

Note   The ACA intends to consult with the specialist body that will allocate freephone numbers, local rate numbers and premium rate numbers to ensure that the forms and arrangements are suitable, and as simple as practicable.

         (2)   The approved arrangements must include arrangements for the ACA to tell a registered carriage service provider, in writing, about the effect of the arrangements approved for the purposes of this section.

         (3)   The approved arrangements must include arrangements for the payment and collection of:

                (a)    the amount of charge (if any) for the application fixed by a determination under section 53 of the Australian Communications Authority Act 1997; and

               (b)    the amount of charge (if any) imposed on the allocation of the numbers by Part 2 of the Telecommunications (Numbering Charges) Act 1997.

         (4)   The approved arrangements must include arrangements for the ACA to refuse an application for the allocation of a particular number for any of the following reasons:

                (a)    the number is not a freephone number, local rate number or a premium rate number;

               (b)    the number is not included in a declaration that is in force under section 3.39;

                (c)    the number has already been allocated at the time when the ACA considers the application;

               (d)    the number is a quarantined number when the ACA considers the application;

                (e)    the application was not made by a registered carriage service provider;

                (f)    the application form does not include all of the information required to be given;

                (g)    the registered carriage service provider has had a liability for payment of annual numbering charge outstanding for more than 6 months before the date of the application, and the ACA has not declared that the number may again be allocated to the provider;

                (h)    the number was previously allocated to the registered carriage service provider by reservation, but:

                          (i)    the provider surrendered the number within the reservation period; and

                         (ii)    the specified period relevant to the reservation has not ended;

                 (i)    the number was previously allocated to the registered carriage service provider by reservation, but:

                          (i)    the number was withdrawn by the ACA within the reservation period; and

                         (ii)    the ACA has not declared that the number may again be allocated to the provider;

                (j)    the ACA has previously withdrawn the number from the registered carriage service provider because the number was allocated, issued, transferred or used in a manner inconsistent with this Plan, and the ACA has not declared that the number may again be allocated to the provider;

               (k)    the ACA has previously withdrawn the number from the registered carriage service provider because the number was not placed in service for a particular period, and the ACA has not declared that the number may again be allocated to the provider;

                 (l)    the ACA has previously withdrawn the number from the registered carriage service provider in compliance with an order made by a court, and the ACA has not declared that the number may again be allocated to the provider;

               (m)    the registered carriage service provider has had a liability for payment of an amount of late payment penalty (within the meaning of section 468 of the Act) outstanding for more than 6 months before the date of the application.

Note   The Telecommunications (Annual Numbering Charge — Late Payment Penalty) Determination 2000 provides for late payment penalty under section 468 of the Act.

         (5)   The approved arrangements must include arrangements for the ACA to declare that a number may again be allocated to a registered carriage service provider for the purposes of paragraph (4) (g), (i), (j), (k) or (l).

Note   The ACA wishes to make it clear that if it withdraws a number from a registered carriage service provider for punitive reasons, that provider cannot re‑apply for allocation of the number without a declaration by the ACA that the number may be allocated to the provider. 

         (6)   The approved arrangements:

                (a)    are not limited to the arrangements mentioned in subsections (2), (3) and (5); but

               (b)    must not include a reason for refusing an application that is not mentioned in subsection (4).

3.70        Electronic allocation procedure

         (1)   The electronic allocation procedure for the allocation of a freephone number, local rate number or a premium rate number without the reservation of the number, consists of:

                (a)    the arrangements for making an application by electronic means that are approved under section 3.69; and

               (b)    the arrangements for allocating the number by electronic means that are approved under section 3.69.

         (2)   The electronic allocation procedure may be operated:

                (a)    by the ACA; or

               (b)    by a delegate of the ACA; or

                (c)    by the ACA and a delegate taking responsibility for different parts of the procedure.

3.71        Eligibility

                After the ACA approves all of the arrangements that create the electronic allocation procedure, a carriage service provider is eligible to be allocated a freephone number, local rate number or a premium rate number (other than a number with withheld status or reserved status) only if:

                (a)    the provider is a registered carriage service provider; and

               (b)    the provider makes an application for allocation without the reservation of the number; and

                (c)    the application is approved.

Note   The ACA wishes to make it clear that freephone numbers, local rate numbers and premium rate numbers will only be allocated, without reservation of the number, to registered carriage service providers, and only in accordance with the electronic allocation procedure in this Division.

There will be no ‘special’ or ‘over‑the‑counter’ allocations.

3.72        Entitlement to allocation without reservation of number

                A registered carriage service provider may apply for the allocation of a freephone number, local rate number or a premium rate number without requiring the number to be reserved.

3.73        Application for allocation without reservation of number

         (1)   A registered carriage service provider must apply for the allocation using the approved application form that is appropriate to the provider.

         (2)   The registered carriage service provider must make the application in accordance with the electronic allocation procedure.

3.74        Decision on application

         (1)   The decision that will be made in response to the application will be made by:

                (a)    the automated processing of the application in accordance with the electronic allocation procedure; and

               (b)    an automated response to the application in accordance with the electronic allocation procedure.

         (2)   The application:

                (a)    is approved if it is approved in accordance with the electronic allocation procedure; and

               (b)    is refused if it is refused in accordance with the electronic allocation procedure.

         (3)   If the application is approved, a number will be allocated to the registered carriage service provider by an automated response in accordance with the electronic allocation procedure.

         (4)   The allocation is subject to the following conditions:

                (a)    if the registered carriage service provider’s intention, at the time of allocation, is to issue the number to a customer, the provider must issue the number to a customer, and place the number in service, within 5 days after the day of the allocation;

               (b)    if the registered carriage service provider’s intention, at the time of allocation, is not to issue the number to a customer, the provider must place the number in service within 5 days after the day of the allocation.

Note   The registered carriage service provider may intend to use an allocated number itself, rather than issuing it to a customer.

3.75        Unit size

                Freephone numbers, local rate numbers and premium rate numbers will be allocated individually.

Division 7A           Allocation by auction

3.75A      Allocation by auction

         (1)   This Division empowers the ACA to allocate a freephone number or a local rate number to the successful applicant determined by the auction system set out in the Auction Determination or the Charities Determination.

         (2)   This process is allocation by auction.

3.75B     Definitions for Division 7A

                In this Division:

active service, for a number, means that a carriage service is being provided using the number.

auction‑declared quarantine, for a number, means quarantined under this Division.

Auction Determination means the Telecommunications (Freephone and Local Rate Numbers) Allocation Determination 2003 made under section 463 of the Telecommunications Act 1997, or a subsequent determination made under that section that determines a system for allocating freephone and local rate numbers (other than a Charities Determination).

Charities Determination means the Telecommunications (Freephone and Local Rate Numbers ‑ Charities) Allocation Determination 2003 made under section 463 of the Telecommunications Act 1997, or a subsequent determination made under that section that determines a system for allocating freephone and local rate numbers exclusively for use by charities.

eligible amount means the eligible amount within the meaning of section 4.1 of the Auction Determination or the Charities Determination, as the case requires.

number means a freephone number or a local rate number allocated under this Division.

rights of use means the enhanced rights set out in section 3.75E.

ROU‑holder means the holder of the rights of use for a number.

successful bidder has the same meaning as in the Auction Determination or the Charities Determination, as the case requires.

trade, for rights of use to a number, means assign or otherwise deal with the rights of use attached to the number.

working day means a day that is not a Saturday, a Sunday or a day that is a public holiday in Victoria.

3.75C     Application of the other provisions of this Plan

         (1)   This Division makes particular provision about freephone and local rate numbers allocated under this Division as the result of an auction held under the Auction Determination or the Charities Determination.

         (2)   Where this Division does not make provision about a freephone or local rate number allocated under this Division, the parts of this Plan that make other provisions about freephone or local rate numbers apply to a freephone or local rate number allocated under this Division in the same way as they apply to a freephone or local rate number allocated under Division 5, 6 or 7 of this Part.

3.75D     Declaration

         (1)   A declaration under section 3.39 that a freephone number or a local rate number is available for allocation may state that the number is to be allocated by auction.

         (2)   The declaration may include a number that has already been declared under that section.

         (3)   A declaration under section 3.39 that a number is available for allocation may state that a number that has been declared as being available for allocation by auction is instead to be allocated administratively under Division 5, 6 or 7 of this Part.

Note   A number that has been declared as being available for allocation by auction
may also be allocated administratively for a specified period for an emergency; see section 3.75T.

3.75E      Entitlements after auction

         (1)   After the successful bidder for a number at an auction has paid the eligible amount to the ACA under the Auction Determination or the Charities Determination, the ACA must allocate the number to the carriage service provider that was the joint applicant for that number with the successful bidder.

Note   Only a registered carriage service provider can be a joint applicant with a customer.  See section 2.3 of the Auction Determination and section 2.3 of the Charities Determination.  For registration of carriage service providers, see Chapter 3, Division 4 of this Plan.

         (2)   On payment of the eligible amount, the successful bidder becomes the ROU‑holder.

         (3)   The following enhanced rights of use for a number are conferred on the ROU‑holder:

                (a)    the right to trade the rights of use, as set out in section 3.75J; and

               (b)    the right to ask the carriage service provider to surrender the number, as set out in section 3.75K; and

                (c)    the right to give up all rights in relation to the number; and

               (d)    except as set out in section 3.75P, the right to have no active service in place for the number; and

                (e)    the right to ask a registered carriage service provider to retrieve the number, if it has been surrendered and has become an auction‑declared quarantined number, as set out in section 3.75S; and

                (f)    the right to disconnection of an active service on the number at any time.

         (4)   The right to disconnection of an active service does not affect the validity of any agreement for the delivery of services between the party to whom the services are provided and the carriage service provider.

         (5)   The carriage service provider need not act on a request by a person purporting to be the ROU‑holder unless the carriage service provider is satisfied that the person who made the request is the current ROU‑holder.

3.75F      Allocation

         (1)   The ACA must in writing approve arrangements for allocating the number by electronic means (the electronic allocation procedure).

         (2)   The ACA must allocate the number using the electronic allocation procedure.  However, the ACA may allocate the number by other means if it is not practicable to use electronic means.

         (3)   The number must be allocated as soon as practicable after the eligible amount has been paid to the ACA as required by section 1.8 of the Auction Determination or section 1.9 of the Charities Determination, as the case requires.

         (4)   Each number must be allocated individually.

3.75G     Issue

                The carriage service provider must issue the number to the ROU‑holder as soon as practicable after:

(a)the number has been allocated to the carriage service provider; and

(b)   the carriage service provider and the ROU‑holder have agreed about the delivery of services for the number.

Note   For numbers allocated via an auction process, the ROU are conferred by the ACA on the successful bidder at auction once the eligible amount has been paid.  The number is then allocated by the ACA to the carriage service provider.  The carriage service provider then issues the number to the ROU‑holder.

3.75H     Register

         (1)   The ACA will establish a Register of numbers and ROU‑holders.

         (2)   The Register is to contain the following information:

                (a)    the number; and

               (b)    the name of the ROU‑holder for the number; and

                (c)    if the ROU‑holder agrees, his or her address, telephone and fax numbers and email address.

         (3)   A ROU‑holder must update the Register, using the form made available by the ACA, with any change in his or her address, telephone and fax numbers or email address which are contained in the Register. 

         (4)   A person who becomes a ROU‑holder as the result of a trade must update the Register, using the form made available by the ACA, with his or her name and, if the ROU‑holder agrees, his or her address, telephone and fax numbers and email address.

         (5)   The ACA must make the Register available to the public.

         (6)   The Register may be in electronic form.

         (7)   The ACA may correct any error or omission in the Register information about a ROU‑holder.

3.75J      Trading the rights of use and licensing a number

         (1)   The ROU‑holder may trade all his or her rights of use.  However, this does not entitle the ROU‑holder to trade only some of the rights of use.

Note   The surrender and quarantine of the number does not prevent the ROU‑holder from trading the number.

         (2)   The ROU‑holder for a number may license another person to have an active service on the number.

Note   A carriage service provider must not hinder the porting of a number — see section 11.9.

         (3)   If the ROU‑holder is a charity that obtained the rights of use for a number under the Charities Determination, the charity may only trade the rights of use, or license the number, to an eligible charity to whom the number is a strategic FLRN within the meaning of the Charities Determination.

         (4)   Trading of the rights of use:

                (a)    must be in writing, using the form made available by the ACA; and

               (b)    must include the number to which the rights of use relate, the names of the parties and the date; and

                (c)    must be signed by the parties; and

               (d)    for a number obtained under the Charities Determination, must include a written statement by the body to which the rights of use are to be traded that:

                          (i)    the body is an eligible charity within the meaning of the Charities Determination; and

                         (ii)    the number is a strategic FLRN for the body within the meaning of the Charities Determination.

           Note   A person who becomes the ROU‑holder as the result of a trade must ensure that the Register contains accurate information – Section 3.75H.

(5)    The carriage service provider to which the number is allocated must not do anything to hinder the trading of the rights of use or licensing the number.

(6)    A ROU‑holder may not trade his or her rights of use to provide security for a loan.

3.75K     Surrender of number ‑ general

         (1)   A number may only be surrendered by a registered carriage service provider.

         (2)   A number may only be surrendered if there is no active service in place on the number.

         (3)   Surrender may be initiated by the ROU‑holder or the carriage service provider.

         (4)   On receiving a request to surrender from the ROU‑holder, the carriage service provider must surrender the number within 5 working days, using the electronic surrender procedure in Division 8.

Note   The ROU‑holder retains the rights to trade the number and to ask a carriage service provider to retrieve the number;  see section 3.75E.

         (5)   A number must be surrendered individually.

         (6)   After a number is surrendered:

                (a)    it is no longer allocated and becomes an auction‑declared quarantined number; and

               (b)    it may be released from auction‑declared quarantine, as set out in section 3.75S; and

                (c)    if it is not released, it remains in auction‑declared quarantine for 3 years.

3.75L      Surrender where rights of use waived

         (1)   This section applies where a number is surrendered by the carriage service provider and the ROU‑holder for the number has notified the ACA that the ROU‑holder no longer wants the rights of use for the number.

         (2)   The number:

                (a)    is no longer allocated and becomes an auction‑declared quarantined number; and

               (b)    may be released from auction‑declared quarantine as set out in section 3.75R.

3.75M     Withdrawal of number

         (1)   The ACA may withdraw a number from a carriage service provider, as set out in section 3.95, 3.96 and 3.97.

Note   Sections 3.95, 3.96 and 3.97 deal with withdrawal for use inconsistent with this Plan (section 3.95), for non‑payment of the annual numbering charge (section 3.96), and to comply with a court order (section 3.97).

         (2)   Subject to any court order as mentioned in section 3.97, the ACA must give the carriage service provider notice in writing, at least 21 days before withdrawing the number (the notice period):

                (a)    that the ACA proposes to withdraw the number; and

               (b)    the reason for the withdrawal; and

                (c)    that the carriage service provider must tell the ROU‑holder for the number, within 5 working days of receiving the ACA notice:

                          (i)    that the number is to be withdrawn; and

                         (ii)    that the ROU‑holder may port the number, as set out in Chapter 11; and

                         (iii)    the consequences of not porting the number.

         (3)   If the ROU‑holder ports the number within the notice period, the ACA will not withdraw the number.

         (4)   If the ROU‑holder does not port the number within the notice period:

                (a)    the ACA will withdraw the number; and

               (b)    the number is no longer allocated and becomes an auction‑declared quarantined number; and

                (c)    the number may be released from auction‑declared quarantine as set out in section 3.75S.

3.75N     Cancellation of rights of use – false statement

         (1)   This section applies if the ROU‑holder was the joint applicant for the number and is found to have made in the application a false statement within the meaning of subsection 136(1) of the Criminal Code Act 1995.

         (2)   The ACA must:

                (a)    cancel the rights of use; and

               (b)    withdraw the number from the carriage service provider.

         (3)   The number:

                (a)    becomes an auction‑declared quarantined number; and

               (b)    may be released from auction‑declared quarantine as set out in section 3.75R.

3.75P      Cancellation of rights of use – no active service

         (1)   The ACA must cancel the rights of use for a number if there has been no active service on the number for a continuous period of 3 years.

         (2)   If the number was not an auction declared‑quarantine number immediately before the cancellation, the number becomes an auction‑declared quarantine number.

         (3)   The number may be released from auction‑declared quarantine as set out in section 3.75R.

3.75Q     Cancellation of rights of use – charity’s excess number

         (1)   This section applies if the ROU‑holder is an eligible charity that has held the ROU for an excess number for longer than 12 months.

Note   The effect of this section is that an eligible charity may not hold more than one of each type of number (i.e. 13, 1300 and 1800 numbers) for longer than 12 months.

         (2)   For subsection (1), an eligible charity holds an excess number if it holds:

                (a)    two or more 6‑digit numbers commencing with the prefix 13; or

               (b)    two or more 10‑digit numbers commencing with the prefix 1300; or

                (c)    two or more 10‑digit numbers commencing with the prefix 1800.

         (3)   This section applies:

                (a)    only to a number that was allocated under the Charities Determination; and

               (b)    whether the eligible charity obtained the number under the Charities Determination or holds the number because of a trade.

         (4)   The ACA must:

                (a)    notify the eligible charity that its rights of use for an excess number will be cancelled in 30 days; and

               (b)    ask it to:

                          (i)    choose the number it wants to keep; and

                         (ii)    tell the ACA within 28 days of the notice which number it does not want.

         (5)   The ACA will cancel the rights of use to the number the eligible charity does not want.

         (6)   If the eligible charity does not tell the ACA within 28 days which number it does not want, the ACA will cancel the rights of use to the number that was first issued to the charity.

         (7)   If the number is allocated to a carriage service provider, the ACA will withdraw the number.

         (8)   A number cancelled under this section:

                (a)    is no longer allocated; and

               (b)    becomes  an auction‑declared quarantine number; and

                (c)    may be released from auction‑declared quarantine as set out in section 3.75R.

         (9)   A ROU‑holder that is an eligible charity is also liable to have its rights of use cancelled as set out in sections 3.75N and 3.75P.

3.75R     Release from auction‑declared quarantine

         (1)   A number remains in auction‑declared quarantine for 3 years, unless it is released as set out in this section.

         (2)   If the rights of use have been cancelled under section 3.75P, the ACA will as soon as practicable make the number again available for allocation by auction.

         (3)   In any other case, the ACA will again make the number available for allocation by auction after the end of the 3 year quarantine period.

         (4)   However, before the end of the 3 year quarantine period a person may in writing ask the ACA to release an auction‑declared quarantined number and make it available for allocation.

         (5)   After the ACA receives the request, the ACA must release the number and make it available for allocation by auction.

         (6)   This section does not apply to a number surrendered under section 3.75K or withdrawn under section 3.75M.

Note   Section 3.75S applies to a number surrendered under section 3.75K or withdrawn under section 3.75M as there is still a ROU‑holder for the number.

3.75S      Release of number to ROU‑holder

         (1)   The ROU‑holder for a number surrendered under section 3.75K or withdrawn under section 3.75M may ask any registered carriage service provider in writing to retrieve the number from auction‑declared quarantine.

         (2)   The carriage service provider may ask the ACA to release the number and allocate it to the carriage service provider.

         (3)   The ACA must then:

                (a)    release the number from auction‑declared quarantine; and

               (b)    allocate the number to the carriage service provider.

         (4)   The carriage service provider must then issue the number to the ROU‑holder as soon as practicable after:

                (a)    the number has been allocated to the carriage service provider; and

               (b)    the carriage service provider and the ROU‑holder have agreed about the delivery of services for the number.

         (5)   In spite of subsection (3), if the number was withdrawn, the carriage service provider from whom the number was withdrawn is not entitled to be allocated the number for a period of 90 days after the number was withdrawn.

3.75T      Emergency allocation

         (1)   The Chair of the ACA may in writing determine that a number that has been declared under section 3.39 as available for allocation by auction may instead be allocated under this section.

         (2)   The Chair may only make the determination if:

                (a)    the number is needed as the result of an emergency situation; and

               (b)    a registered carriage service provider has applied in writing for allocation of the number; and

                (c)    the number is to be allocated for a limited period (the allocation period).

         (3)   The determination must state:

                (a)    the allocation period; and

               (b)    the conditions of the allocation.

         (4)   At the end of the allocation period, the number:

                (a)    is no longer allocated; and

               (b)    becomes an auction‑declared quarantine number; and

                (c)    may be released from auction‑declared quarantine as set out in section 3.75R.

         (5)   The Chair may again determine that the number is to be allocated under this section.

Division 8              Surrender of numbers

3.76        Approval of forms and arrangements: surrender of number

         (1)   The ACA must, in writing, approve:

                (a)    1 or more electronic application forms to be used for the purposes of making an application to surrender a freephone number, local rate number or a premium rate number; and

               (b)    arrangements for making applications for surrender by electronic means; and

                (c)    arrangements for surrendering the number by electronic means.

Note   The ACA intends to consult with the specialist body that will accept the surrender of freephone numbers, local rate numbers and premium rate numbers to ensure that the forms and arrangements are suitable, and as simple as practicable.

         (2)   The approved arrangements must include arrangements for the ACA to tell a registered carriage service provider, in writing, about the effect of the arrangements approved for the purposes of this section.

         (3)   The approved arrangements must include arrangements for the payment and collection of:

                (a)    the amount of charge (if any) for the application fixed by a determination under section 53 of the Australian Communications Authority Act 1997; and

               (b)    the amount of charge (if any) imposed on the allocation of the numbers by Part 2 of the Telecommunications (Numbering Charges) Act 1997.

         (4)   The approved arrangements must include arrangements for the ACA to refuse an application to surrender a particular number for any of the following reasons:

                (a)    the registered carriage service provider that made the application is not the provider for which there is an allocation of the number in force;

               (b)    the number is not a freephone number, local rate number or a premium rate number;

                (c)    the number is not included in a declaration that is in force under section 3.39;

               (d)    the application form does not include all of the information required to be given.

         (5)   The approved arrangements:

                (a)    are not limited to the arrangements mentioned in subsections (2) and (3); but

               (b)    must not include a reason for refusing an application that is not mentioned in subsection (4).

3.77        Electronic surrender procedure

         (1)   The electronic surrender procedure for the surrender of a freephone number, local rate number or a premium rate number consists of:

                (a)    the arrangements for making an application by electronic means that are approved under section 3.76; and

               (b)    the arrangements for surrendering the number by electronic means that are approved under section 3.76.

         (2)   The electronic surrender procedure may be operated:

                (a)    by the ACA; or

               (b)    by a delegate of the ACA; or

                (c)    by the ACA and a delegate taking responsibility for different parts of the procedure.

3.78        Eligibility

                After the ACA approves all of the arrangements that create the electronic surrender procedure, a carriage service provider is eligible to surrender a freephone number, local rate number or a premium rate number only if:

                (a)    the provider is a registered carriage service provider; and

               (b)    the provider makes an application to surrender the number; and

                (c)    the application is approved.

3.79        Entitlement to surrender number

                A registered carriage service provider may apply to surrender a freephone number, local rate number or a premium rate number.

3.80        Application for surrender of number

         (1)   A registered carriage service provider must apply for the surrender using the approved application form that is appropriate to the provider.

         (2)   The registered carriage service provider must make the application in accordance with the electronic surrender procedure.

3.81        Decision on application

         (1)   The decision that will be made in response to the application will be made by:

                (a)    the automated processing of the application in accordance with the electronic surrender procedure; and

               (b)    an automated response to the application in accordance with the electronic surrender procedure.

Note   The ACA expects that applications for surrender will be finalised under the electronic surrender procedure within 24 hours after the receipt of the application.

         (2)   The application:

                (a)    is approved if it is approved in accordance with the electronic surrender procedure; and

               (b)    is refused if it is refused in accordance with the electronic surrender procedure.

         (3)   If the application is approved, the number will be surrendered in accordance with the electronic surrender procedure.

3.82        Unit size

                Freephone numbers, local rate numbers and premium rate numbers must be surrendered individually.

Division 9              Quarantine of surrendered numbers

 

Outline of Division 9

A freephone number, local rate number or a premium rate number that is held by the ACA may be withheld from allocation for a period, particularly during a period after the number has been surrendered to the ACA or withdrawn by the ACA. This is known as quarantining.

A number may be quarantined for various reasons:

·         the number may have experienced nuisance calls;

·         the immediate re‑allocation of a number that is commonly associated with a particular previous user may inconvenience a new user;

·         the number may have been surrendered for a short period for technical reasons, and it would be appropriate to re‑allocate the number to the same user when the user is ready to take back the number.

It can be expected, under normal circumstances, that a quarantine period will be between 6 and 12 months.

This Division is intended to ensure that:

·         a number is not available for allocation while it is quarantined; but

·         a number can be released from quarantine, within the quarantine period if necessary, so that the registered carriage service provider to which it is to be  allocated can issue it to the customer who last held the number.

The quarantine arrangements will rely on the automatic quarantining of numbers by the automated exchange of information, without the intervention of a human decision‑maker.

Applications for the release of a number from quarantine will be considered by a human decision‑maker.

3.83        Quarantining of number

         (1)   This section applies if the ACA is satisfied, at any time, that a freephone number, local rate number or a premium rate number:

                (a)    is included in a declaration that is in force under section 3.39; but

               (b)    should not be allocated at that time because of:

                          (i)    concerns about the personal safety of users of the number; or

                         (ii)    concerns about the convenience of users of the number; or

                         (iii)    the need for the efficient use of numbers.

Examples

1   The number has been used for nuisance calls.

2   The number has a level of association with a particular user that may inconvenience a new user.

3   The number has been surrendered to the ACA in circumstances where:

·        the ACA expects that the number will be re‑allocated, and re‑issued, to the same user; and

·        it is appropriate to place the number in quarantine to ensure that it can be re‑issued to the user.

         (2)   The ACA may declare, in writing, that the number is not to be allocated for the period specified in the declaration.

Note   The length of a quarantine period in a particular case will depend on the circumstances of that case. The ACA expects, but does not guarantee, that a quarantine period will be between 6 and 12 months.

         (3)   If the ACA makes a declaration under subsection (2):

                (a)    the number is a quarantined number during the specified period; and

               (b)    the number is not to be allocated during the specified period.

         (4)   The ACA may, at any time, revoke a declaration.

         (5)   If the ACA revokes a declaration, the quarantined number ceases to be a quarantined number with effect from the date of the revocation.

3.84        Approval of forms and arrangements: releasing quarantined number

         (1)   The ACA must, in writing, approve:

                (a)    1 or more application forms to be used for the purposes of making an application for the release of a quarantined number from quarantine; and

               (b)    the place or places at which an application may be lodged; and

                (c)    arrangements for the ACA to tell a registered carriage service provider, in writing, about the effect of the arrangements in force under this Division; and

               (d)    arrangements for the release of a quarantined number from quarantine after an application for release has been approved.

         (2)   An approved application form must require a registered carriage service provider to provide a statutory declaration to the effect that:

                (a)    the provider was the last provider to which the number had been allocated before it was quarantined; and

               (b)    a customer named in the statutory declaration was the last customer to which the number had been issued before it was quarantined.

Note   Release from quarantine is a process that is separate from the termination of a quarantine period as described in section 3.86.

         (3)   The arrangements for the release of a quarantined number from quarantine may be operated:

                (a)    by the ACA; or

               (b)    by a delegate of the ACA; or

                (c)    by the ACA and a delegate taking responsibility for different parts of the procedure.

3.85        Eligibility

                After the ACA approves all of the forms and arrangements mentioned in section 3.84, a carriage service provider is eligible to have a freephone number, local rate number or a premium rate number released from quarantine only if:

                (a)    the provider is a registered carriage service provider; and

               (b)    the provider:

                          (i)    was the last provider to which the quarantined number had been allocated before it was quarantined; and

                         (ii)    intends to issue the quarantined number to the customer who was the last customer to which the number had been issued before it was quarantined; and

                (c)    the provider makes an application for allocation without the reservation of the number; and

               (d)    the application is approved.

Note   The ACA wishes to make it clear that freephone numbers, local rate numbers and premium rate numbers will only be released from quarantine in accordance with the procedure in this Division.

There will be no ‘special’ arrangements for release of numbers.

3.86        Application for release of quarantined number

         (1)   A registered carriage service provider must apply for the release of a quarantined number using the approved application form that is appropriate to the provider.

         (2)   The registered carriage service provider must lodge the application at an approved place.

         (3)   The registered carriage service provider must include with the application the amount of charge (if any) for the application fixed by a determination under section 53 of the Australian Communications Authority Act 1997.

3.87        Decision on application

         (1)   The ACA must consider an application, and approve it or refuse it, within 14 days after receiving the application.

         (2)   The ACA may refuse the application only for any of the following reasons:

                (a)    the number is not a freephone number, local rate number or a premium rate number;

               (b)    the number is not included in a declaration in force under section 3.39;

                (c)    the number is not a quarantined number;

               (d)    the application was not made by a registered carriage service provider;

                (e)    the registered carriage service provider that made the application was not the last registered carriage service provider to which the number had been allocated before it was quarantined;

                (f)    the customer named in the statutory declaration was not the last holder of the number before it was quarantined;

Note   Although the number is included in a declaration, it is not available for allocation while it is a quarantined number: see section 3.83.

                (g)    the application form:

                          (i)    does not include all of the information required to be given; or

                         (ii)    was not lodged at an approved place;

                (h)    the arrangements for the payment of the application fee are not satisfactory;

                 (i)    the registered carriage service provider has had a liability for payment of annual numbering charge outstanding for more than 6 months before the date of the application;

                (j)    the ACA has previously withdrawn the number from the registered carriage service provider because the number was allocated, issued, transferred or used in a manner inconsistent with this Plan, and the ACA has not declared that the number may again be allocated to the provider;

               (k)    the ACA has previously withdrawn the number from the registered carriage service provider because the number was not placed in service for a particular period, and the ACA has not declared that the number may again be allocated to the provider;

                 (l)    the ACA has previously withdrawn the number from the registered carriage service provider in compliance with an order made by a court, and the ACA has not declared that the number may again be allocated to the provider;

               (m)    the registered carriage service provider has had a liability for payment of an amount of late payment penalty (within the meaning of section 468 of the Act) outstanding for more than 6 months before the date of the application.

Note 1   The Telecommunications (Annual Numbering Charge — Late Payment Penalty) Determination 2000 provides for late payment penalty under section 468 of the Act.

Note 2   A refusal of an application is reviewable by the Administrative Appeals Tribunal: see Schedule 11.

         (3)   The ACA may declare that a number may again be allocated to a registered carriage service provider for the purposes of paragraph (2) (j), (k) or (l).

         (4)   If the application is refused, the ACA must notify the registered carriage service provider of the decision as soon as practicable after refusing the application.

         (5)   The ACA must approve the application if subsection (2) does not apply.

         (6)   If the application is approved, the number will be released from quarantine:

                (a)    in accordance with the approved procedure; and

               (b)    to allow the registered carriage service provider that made the application to issue the quarantined number to the customer who was the last customer to which the number had been issued before it was quarantined.

         (7)   The release from quarantine is subject to the condition that the provider must issue the number to the customer as soon as practicable after the day of the release.

3.88        Unit size

                Freephone numbers, local rate numbers and premium rate numbers must be released from quarantine individually.

Division 10            Transfer of numbers

3.89        Transfer of number

         (1)   A freephone number, local rate number or a premium rate number that has been allocated may be transferred.

         (2)   However, the registered carriage service provider to which it is proposed to transfer a number must agree to the transfer.

3.90        Unit size

                Freephone numbers, local rate numbers and premium rate numbers must be transferred individually.

Division 11            Withdrawal of numbers

 

Outline of Division 11

When Part 5 commences, certain freephone numbers and local rate numbers will have been allocated to carriage service providers, without being issued or placed in service.

It is in the interests of the efficient use of numbers that the ACA has as many numbers as practicable under its control that it can allocate, if necessary, after it starts to make declarations under section 3.39.

This Division is intended to ensure that:

·         a freephone number or a local rate number that has not been issued or placed in service is taken to be withdrawn from the date of effect of a declaration, made by the ACA under section 3.39, that applies to the number; and

·         carriage service providers are required to advise the ACA of the freephone numbers, local rate numbers and premium rate numbers that have not been issued or placed in service.

3.91        Telling the ACA whether numbers have been placed in service

         (1)   After the making of a declaration under section 3.39, and not later than 7 days before the declaration is to take effect, a carriage service provider that holds a freephone number or a local rate number that is to be included in the declaration must notify the ACA whether the number has been placed in service (including use by the carriage service provider itself).

         (2)   If the carriage service provider notifies the ACA that the provider has issued the number to a customer, the provider must notify the ACA, not later than 2 days before the day when the declaration takes effect, whether the customer has terminated the service for the number in the period between the notifications.

         (3)   If the carriage service provider notifies the ACA that the number has not been placed in service (including use by the provider itself), the provider must notify the ACA, not later than 2 days before the day when the declaration takes effect, whether the number has been placed in service in the period between the notifications.

         (4)   On the day before the declaration takes effect, the ACA must not deal with a notification.

Note   The day immediately before the day when a declaration takes effect will be used by the ACA to complete data transfers and to ensure that notifications are processed efficiently.

         (5)   The carriage service provider must notify the ACA:

                (a)    in a form approved in writing by the ACA; and

               (b)    at a place approved in writing by the ACA.

Note   The ACA will make arrangements to ensure that providers are given adequate notice of the date when a declaration under section 3.39 will take effect, so that providers have sufficient time to comply with this section.

3.92        Withdrawal of numbers that have not been placed in service before first declaration under section 3.39

         (1)   This section applies to a freephone number or a local rate number that:

                (a)    has been allocated to a carriage service provider; and

               (b)    is not in service (including use by the carriage service provider itself), immediately before the making of the first declaration under section 3.39.

         (2)   The number is withdrawn when that declaration takes effect.

         (3)   Subsection (2) applies to numbers that have been allocated to a carriage service provider whether or not the provider has complied with section 3.91.

3.93        Withdrawal of number by ACA: number not in service after first declaration under section 3.39

         (1)   This section applies if:

                (a)    the ACA allocates a freephone number, local rate number or a premium rate number after the ACA makes its first declaration under section 3.39; and

               (b)    the number has not been placed in service (including use by a carriage service provider itself) within the appropriate period.

         (2)   This section also applies:

                (a)    if the ACA allocates a freephone number, local rate number or a premium rate number after the ACA makes its first declaration under section 3.39; and

               (b)    if:

                          (i)    the service that was supplied in connection with the number has ceased; and

                         (ii)    the number has not been surrendered to the ACA within the appropriate period.

         (3)   The ACA may decide to withdraw the number.

Note 1   It is in the interests of a registered carriage service provider to place a number in service as soon as possible after allocation (unless the number has withheld or reserved status) and to surrender a number as soon as possible after a service ceases.

Note 2   A decision to withdraw a number is reviewable by the Administrative Appeals Tribunal: see Schedule 11.

3.94        Automatic withdrawal of reserved number: end of reservation period

         (1)   This section applies if:

                (a)    the ACA allocates a freephone number, local rate number or a premium rate number as a reserved number; and

               (b)    the registered carriage service provider has not confirmed the allocation of the number before the end of the reservation period.

         (2)   The number is withdrawn at the end of the reservation period for the number.

3.95        Withdrawal of number by ACA: inconsistency with Plan

         (1)   This section applies if a freephone number, local rate number or a premium rate number was allocated, issued, transferred or used in a way inconsistent with this Plan.

         (2)   The ACA may decide to withdraw the number.

         (3)   However, the ACA must not withdraw the number unless it is satisfied that the benefits, or problems to be avoided, for end‑users and carriage service providers by withdrawal are more significant than the technical and financial consequences of withdrawal for end‑users and carriage service providers.

Note   A decision to withdraw a number is reviewable by the Administrative Appeals Tribunal: see Schedule 11.

3.96        Withdrawal of number by ACA: non‑payment of annual numbering charge

         (1)   This section applies if:

                (a)    charge is payable for a freephone number, local rate number or a premium rate number under:

                          (i)    the Telecommunications (Numbering Charges) Act 1991; or

                         (ii)    the Telecommunications (Numbering Charges) Act 1997; and

               (b)    the charge has been unpaid for at least 6 months after its due date.

         (2)   The ACA may decide to withdraw the number.

         (3)   However, the ACA must not withdraw the number unless it is satisfied that:

                (a)    the registered carriage service provider that holds the number is aware of the liability; and

               (b)    the withdrawal of the number will produce no significant adverse consequences for end‑users.

Note   A decision to withdraw a number is reviewable by the Administrative Appeals Tribunal: see Schedule 11.

3.97        Withdrawal of number by ACA: court order

         (1)   This section applies if a court has made an order requiring a freephone number, local rate number or a premium rate number to be withdrawn from a registered carriage service provider.

Example

A court order made in the course of ordering that the number be allocated to another registered carriage service provider.

         (2)   The ACA must withdraw the number as soon as practicable.

3.98        Unit size

                Freephone numbers, local rate numbers and premium rate numbers will be withdrawn individually.

Division 12            Information about freephone, local rate and premium rate numbers

3.99        Notification of changes in names etc

         (1)   This section applies to a registered carriage service provider to which a freephone number, local rate number or a premium rate number is allocated.

         (2)   While the registered carriage service provider holds the number, it must notify the ACA as soon as practicable of changes to any of the following:

                (a)    its name;

               (b)    its trading or registered business name (if any);

                (c)    its Australian Company Number or Australian Registered Business Number (if applicable);

               (d)    the address of its registered office;

                (e)    if the provider is a partnership, the full name and residential address of a partner;

                (f)    if the provider is an individual, the provider’s residential address;

                (g)    its facsimile number.

3.100      Updating Register of Allocated Numbers

         (1)   The ACA must update the Register maintained under section 465 of the Act, to reflect the allocation, surrender or withdrawal of a freephone number, local rate number or a premium rate number.

         (2)   The ACA may update the Register maintained under section 465 of the Act, if that is the appropriate way to reflect the transfer of a freephone number, local rate number or a premium rate number.

Note   It can be expected that the ACA will update the Register to take account of the transfer of a number. However, transfer arrangements may be acknowledged and recorded in a way that makes it unnecessary to update the Register.

Division 13            Transitional

3.101      Numbers recovered by carriage service providers before commencement of Part 5

         (1)   This section applies to a freephone number or a local rate number (a recovered number) if:

                (a)    before the commencement of this Part, a carriage service provider recovered the number from a customer because of nuisance calls; and

               (b)    immediately before the commencement of this Part, the provider was not permitted to issue the number to another customer because of subsection 10.12 (2) of this Plan.

         (2)   This section also applies to a freephone number or a local rate number (a recovered number) if:

                (a)    before the commencement of this Part, a carriage service provider recovered the number from a customer for a reason other than nuisance calls; and

               (b)    immediately before the commencement of this Part, the provider was not permitted to issue the number to another customer because of subsection 10.12 (3) of this Plan.

         (3)   If the ACA includes the recovered number in a declaration of numbers under section 3.39:

                (a)    subsection 10.12 (2) or (3) ceases to apply to the recovered number; and

               (b)    the recovered number is taken to be a quarantined number for the remainder of the period for which the provider would not have been permitted to issue the number because of subsection 10.12 (2) or (3).

         (4)   The recovered number is taken to be a quarantined number even though:

                (a)    the ACA does not hold the number on the commencement of this Part; and

               (b)    the ACA has not made a declaration of the number under subsection 3.83 (2).

         (5)   The carriage service provider that holds a recovered number that is to be included in a declaration under section 3.39 must notify the ACA, not later than 7 days before the declaration takes effect:

                (a)    of the existence of the number; and

               (b)    when the period for which the provider is not permitted to issue the number will end.

         (6)   If the carriage service provider notifies the ACA that the provider has issued the number to a customer, the provider must notify the ACA, not later than 2 days before the day when the declaration takes effect, whether the customer has terminated the service for the number in the period between the notifications.

         (7)   If the carriage service provider notifies the ACA that the number has not been placed in service (including use by the provider itself), the provider must notify the ACA, not later than 2 days before the day when the declaration takes effect, whether the number has been placed in service in the period between the notifications.

         (8)   On the day before the declaration takes effect, the ACA must not deal with a notification.

Note   The day immediately before the day when a declaration takes effect will be used by the ACA to complete data transfers and to ensure that notifications are processed efficiently.

         (9)   The carriage service provider must notify the ACA:

                (a)    in a form approved in writing by the ACA; and

               (b)    at a place approved in writing by the ACA.

Note   The ACA will make arrangements to ensure that providers are given adequate notice of the date when a declaration under section 3.39 will take effect, so that providers have sufficient time to comply with this section.

3.102      Numbers reserved before commencement of Part 5

         (1)   This section applies to a freephone number or a local rate number if:

                (a)    before the commencement of this Part, the ACA allocated the number to a carriage service provider; and

               (b)    the number was allocated in anticipation of being issued to a customer who had not confirmed a request to be issued with the number; and

                (c)    before the commencement of this Part, a period was fixed in which the customer’s request was to be confirmed or cancelled; and

               (d)    immediately before the commencement of this Part:

                          (i)    the provider had not yet issued the number to the customer; and

                         (ii)    the request was still in force.

         (2)   When the ACA approves arrangements under Division 6 for allocation of numbers by reservation, the number is taken to be allocated with reserved status for the remainder of the period mentioned in paragraph (1) (c).

         (3)   The number is taken to be allocated with reserved status even though:

                (a)    the carriage service provider may not be registered when the ACA approves the arrangements; and

               (b)    the carriage service provider has not applied for the allocation under Division 6.

         (4)   The carriage service provider that holds the number must, not later than 7 days before the ACA approves arrangements under Division 6, notify the ACA of:

                (a)    the existence of the number; and

               (b)    the length of the remaining period in which the customer’s request is to be confirmed or cancelled.

         (5)   If the carriage service provider notifies the ACA that the provider has issued the number to the customer, the provider must notify the ACA, not later than 2 days before the day when the ACA approves the arrangements, whether the customer has terminated the service for the number in the period between the notifications.

         (6)   If the carriage service provider notifies the ACA that the number has not been placed in service (including use by the provider itself), the provider must notify the ACA, not later than 2 days before the day when the ACA approves the arrangements, whether the number has been placed in service in the period between the notifications.

         (7)   On the day before the declaration takes effect, the ACA must not deal with a notification.

Note   The day immediately before the day when a declaration takes effect will be used by the ACA to complete data transfers and to ensure that notifications are processed efficiently.

         (8)   The carriage service provider must notify the ACA:

                (a)    in a form approved in writing by the ACA; and

               (b)    at a place approved in writing by the ACA.

Note   The ACA will make arrangements to ensure that providers are given adequate notice of the date when the ACA will approve arrangements under Division 6, so that providers have sufficient time to comply with this section.

 

Chapter 4    Data numbers

  

  

Information about data numbers

Chapter 4 and Schedule 5 explain:

·         the different forms of data numbers available for use in connection with the supply of data network services

·         how they may be used

·         the components of data numbers.

A number in one of those forms is recognised as a data number. A number not in any of those forms is not recognised as a data number, and cannot be used successfully as a data number.

The arrangements for data numbers are as consistent as practicable with the international numbering plan described in International Telecommunication Union Recommendation X.121.

 

4.1           Outline of Schedule for data numbers

                Part 1 of Schedule 5 sets out the form of data number components.

4.2           Application of Chapter 4

                This Chapter does not apply to the use of a number in a private numbering scheme.

4.3           Data numbers

         (1)   A number with the components in Part 1 of Schedule 5 is a data number.

         (2)   A number with the components, other than a geographic routing code, is a data number.

         (3)   A network terminal number, used on its own, is a data number only if:

                (a)    it is used solely in the data network uniquely identified by the data network identification code corresponding to the network terminal number; and

               (b)    it is not preceded by an address format prefix.

         (4)   A private network terminal number, used on its own, is a data number only if:

                (a)    it is used solely in the data network uniquely identified by the combination of the data network identification code, and the private network identification code corresponding to that private network terminal number; and

               (b)    it is not preceded by an address format prefix.

         (5)   An escape code is a data number.

4.4           Use of data numbers

                A data number must be used in connection with the supply of a carriage service:

                (a)    that allows the number to be transmitted by a terminal, for addressing purposes, to the data network to which the terminal is connected; and

               (b)    that is a data service having a data terminal address other than a telephone or telex number.

4.5           Using data network identification codes

                A data network identification code may be used as a prefix for a collection of private network identification codes.

 

Chapter 5    Telex numbers

  

  

Information about telex numbers

Chapter 5 explains the form of a telex number.

Schedule 6 lists:

·         telex numbers and their structures

·         the carriage services in connection with which telex numbers may be used, or the geographic areas in which they may be used.

A number in the correct form is recognised as a telex number. A number not in that form is not recognised as a telex number, and cannot be used successfully as a telex number.

The arrangements for telex numbers are as consistent as practicable with International Telecommunication Union Recommendation F.69, International Telex Numbering.

 

5.1           Outline of schedule for telex numbers

                The type of number that is a telex number is identified in items of Parts 1 and 2 of Schedule 6 in the following way:

 

Column 1

Shows the number, or the first digits of the number (the prefix)

Column 2

Part 1 describes the carriage service to which the prefix relates

Part 2 describes the area in which a call to the number will terminate

Column 3

Describes the structure of the number

5.2           Application of Chapter 5

                This Chapter does not apply to the use of a number in a private numbering scheme.

5.3           Telex numbers

                A number with the components in columns 1 and 3 of an item of Schedule 6 is a telex number.

5.4           Using telex numbers

         (1)   A telex number must be used in connection with the supply of a carriage service that allows a person to send a message using telex equipment.

         (2)   A telex number in Part 1 of Schedule 6 must also be used in connection with the supply of the type of carriage service mentioned for the number in column 2 of the Part.

         (3)   A telex number in Part 2 of Schedule 6 must also be used in connection with the supply of a carriage service that terminates a call, made in Australia to the number, at a location in a charging area mentioned for the number in column 2 of the Part.

 

Chapter 5A  International signalling point codes (ISPCs)

Outline of Chapter 5A

Chapter 5A identifies international signalling point codes (ISPCs) and makes arrangements for their allocation and use.

ISPCs are used by signalling point operators in the international signalling network to route signalling messages. They enable the signalling point operator to identify network switches and signalling points in the network.

ISPCs are assigned to signalling point operators in Australia by the ACA, as the designated administrator in Australia for the International Telecommunication Union.

Part 1                 International signalling point codes and signalling area network codes

5A.1        International signalling point code

         (1)   An international signalling point code is a 5‑digit number that is used by a network operator to identify a particular signalling point for the purpose of routing a signalling message.

         (2)   An international signalling point code has 3 components:

                (a)    the first digit is a number between 0 and 7 (inclusive); and

               (b)    the combination of the second, third and fourth digits is a number between 000 and 255 (inclusive); and

                (c)    the fifth digit is a number between 0 and 7 (inclusive).

5A.2        Signalling area network code

                The first 4 digits of an international signalling point code are the signalling area network code (or SANC).

Note 1   The ITU allocates signalling area network codes to the ACA, as the ACA is the designated administrator in Australia for the ITU in accordance with ITU‑T Recommendation Q.708 (also known as Assignment Procedures for International Signalling Point Codes).

Note 2   The fifth digit of an international signalling point code is also known as a Signalling Point Identification. The ACA determines this digit.

Part 2                 Allocation of international signalling point codes after Chapter 5A commences

Division 1              Introductory

5A.3        Application of Part 2

                This Part sets out the procedure for the allocation of an international signalling point code after the commencement of this Chapter.

Note   Part 3 deals with the status of allocations that were made before this Chapter commences.

5A.4        Principles for allocation of international signalling point codes

         (1)   The ACA will allocate international signalling point codes on application by signalling point operators.

         (2)   If a signalling point operator applies for the allocation of an international signalling point code, the ACA must:

                (a)    comply with this Chapter; and

               (b)    have regard to the rules and procedures set out in ITU‑T Recommendation Q.708 (also known as Assignment Procedures for International Signalling Point Codes).

Division 2              Application for allocation

5A.5        Entitlement to apply

         (1)   A signalling point operator may apply in writing to the ACA for the allocation of an international signalling point code to the signalling point operator.

         (2)   The signalling point operator may apply for allocation of the international signalling point code:

                (a)    to use the code; or

               (b)    to test the use of the code during a period specified by the ACA.

5A.6        How applications are to be made

         (1)   An application for the allocation of an international signalling point code must include as much of the following information as is applicable to the applicant:

                (a)    if the applicant is an individual — his or her name;

               (b)    if the applicant is a corporation — as many of the following as the signalling point operator is required by law to have:

                          (i)    its ACN;

                         (ii)    its ARBN;

                         (iii)    its ABN;

                (c)    the trading name or registered business name (if any) of the applicant;

               (d)    if the applicant is an individual or partnership — the applicant’s residential address, postal address and fax number (if any);

                (e)    if the applicant is a corporation — the address of its registered office;

                (f)    the address of the principal place at which the applicant’s business is conducted;

                (g)    the name and telephone number, and the facsimile number and e‑mail address (if any), of another person through whom the applicant may be contacted;

                (h)    if the applicant is an individual — the signature of the applicant;

                 (i)    if the applicant is not an individual — the name and signature of an individual authorised by the applicant to make the application on its behalf;

                (j)    a name for the signalling point, or test network, to which the application relates that is not the same as the name of any other signalling point, or test network, in respect of which an international signalling point code is allocated to the applicant;

               (k)    if the network is a packet switched network — the primary address of the signalling point;

                 (l)    if the network is not a packet switched network — the address of the signalling point;

               (m)    if the international signalling point code is not to be used in a test network — information demonstrating that the signalling point (the first point) for which the international signalling point code is to be allocated:

                          (i)    has an effective signalling relationship (a message transfer part) with at least 1 other signalling point that will allow a message to be transferred from the first point to the other signalling point, using a message transfer part; or

                         (ii)    will, as soon as practicable, have an effective signalling relationship of that kind with at least 1 other signalling point;

                (n)    if the international signalling point code is allocated to the applicant — the date on which the code will commence service;

               (o)    if the international signalling point code is to be used by the applicant to test the use of the code — a date (not later than 12 months after the date on which the application is made) on which the applicant will cease to use the code;

               (p)    if the international signalling point code is allocated to the applicant — the functions for which the code will be used.

Note   The only functions for which an international signalling point code may be used are as a signalling transfer point, signalling end point, signalling connection control part relay, international switching centre, gateway mobile switching centre and location register.

         (2)   An application must be accompanied by the charge (if any) imposed on the application by section 53 of the Australian Communications Authority Act 1997.

         (3)   An application must be sent to the ACMA in a way specified by the ACMA.

5A.7        Acknowledgment of applications

                The ACA must, not later than 5 working days after receiving an application, acknowledge to the applicant in writing that it has received the application.

Division 3              Decisions on application for allocation

5A.8        Criteria for decisions about applications

         (1)   The ACA must consider applications in the order in which they are made.

         (2)   The ACA must not approve an application if the application does not relate to an international signalling point code for a particular signalling point in Australia.

         (3)   The ACA must not approve an application unless:

                (a)    the international signalling point code has been assigned to Australia by the ITU; or

               (b)    the international signalling point code:

                          (i)    has been derived from a signalling area network code assigned by the ITU to another country; and

                         (ii)    has been approved, on application by the ACA, by the Director of the Telecommunication Standardization Bureau of the ITU for allocation by the ACA.

         (4)   The ACA must not allocate more than 1 international signalling point code for each signalling point.

         (5)   However, if the same signalling point is part of more than 1 signalling network in Australia:

                (a)    subsection (4) does not apply; and

               (b)    the ACA may allocate as many international signalling point codes for that signalling point as there are signalling networks, with each international signalling point code to be used in a specified signalling network.

         (6)   The ACA must refuse an application for allocation of an international signalling point code if it reasonably considers that:

                (a)    the international signalling point code to which the application relates:

                          (i)    does not identify a unique signalling point; or

                         (ii)    will not commence service within 12 months after the day on which the application was made; or

                         (iii)    will not be used consistently with the function or functions for the code stated in the application; or

               (b)    the signalling point (the first point) for which the international signalling point code is to be allocated:

                          (i)    does not have an effective signalling relationship with at least 1 other signalling point that will allow a message to be transferred from the first point to the other signalling point, using a message transfer part; or

                         (ii)    will not, as soon as practicable, have an effective signalling relationship of that kind with at least 1 other signalling point.

         (7)   The ACA must approve an application if none of subsections (2), (3), (4) and (6) applies.

5A.9        Decisions on application

         (1)   The ACA must make a decision to approve or refuse an application not later than 65 working days after the day on which it received the application.

         (2)   However, the ACA may, by written notice given to an applicant, require the applicant to give to the ACA any additional information that the ACA needs to consider the application properly.

         (3)   The 65 working day period does not include a day on which the ACA is waiting for the applicant to comply with a notice.

5A.10      When decision takes effect

                A decision under subsection 5A.9 (1) to approve or refuse an application takes effect when it is made.

5A.11      Notice of allocation of international signalling point codes

         (1)   The ACA must, not later than 5 working days after the day on which a decision was made under subsection 5A.9 (1), give written notice to the applicant of the decision.

         (2)   A decision to refuse an application must be accompanied by the reasons for the refusal.

Note   A decision to refuse an application is reviewable: see Schedule 11.

         (3)   If the ACA approves an application for allocation of an international signalling point code to test the use of the code, the ACA must specify in the decision a period, ending not later than 12 months after the date on which the application is made, during which the applicant may use the code.

Part 3                 Allocation of international signalling point codes before Chapter 5A commences

  

5A.12      Application of Part 3

                This Part applies to an international signalling point code that was allocated before the commencement of this Chapter.

Note   Part 2 deals with allocations after this Chapter commences.

5A.13      International signalling point codes allocated before commencement of Part 3

         (1)   The international signalling point code is taken to have been allocated by the ACA under Division 3 of Part 2 on the day on which this Chapter commences.

         (2)   The signalling point operator to which the international signalling point code was allocated is taken to have complied with the requirements that apply to an applicant under Division 2 of Part 2.

Part 4                 Conditions of allocation of international signalling point codes

5A.14      Conditions of allocation

         (1)   If the ACA approves an application for allocation of an international signalling point code for a purpose other than to test the use of the code, a signalling point operator must:

                (a)    use the international signalling point code only for the signalling point for which the code was allocated; and

               (b)    use the international signalling point code only for the function or functions specified in the application; and

                (c)    place the code in service not later than:

                          (i)    12 months after the date on which the application for allocation of the code was made by the operator; or

                         (ii)    if the period is extended under section 5A.15 — the end of the extended period.

Note   The functions for which an international signalling point code may be used are able to be altered in accordance with section 5A.18.

         (2)   If the ACA approves an application for allocation of an international signalling point code to test the use of the code, a signalling point operator must use the code only during the period specified for subsection 5A.11 (3).

5A.15      When certain international signalling point codes are to be in service

         (1)   A signalling point operator mentioned in subsection 5A.14 (1) may, not more than 22 working days before the end of the period of 12 months after the date on which the operator applies for allocation of an international signalling point code that has not been placed in service, apply in writing to the ACA for an extension of that period.

         (2)   The application must:

                (a)    identify the international signalling point code to which the application relates; and

               (b)    include the information mentioned in paragraph 5A.6 (1) (a) or (b), (c), (d) or (e), (f) and (g) that was provided to the ACA in the original application for allocation of the international signalling point code; and

                (c)    explain why the international signalling point code has not commenced service in accordance with subparagraph 5A.14 (1) (c) (i); and

               (d)    specify the duration of the extension (which must not be more than 6 months).

         (3)   The ACA must make a decision to approve or refuse an application not later than 15 working days after the day on which it received the application.

         (4)   The ACA must approve an application made in accordance with this section unless it reasonably considers that the international signalling point code mentioned in the application has not commenced service because of circumstances that are within the control of the signalling point operator.

Examples of circumstances within the control of a signalling point operator

1   The signalling point operator has not installed all the necessary signalling equipment within the relevant 12‑month period for reasons within the operator’s control.

2   The overseas signalling point is not ready to receive the international signalling point code allocated to the signalling point operator.

5A.16      When decisions take effect

                A decision under subsection 5A.15 (3) to approve or refuse an application takes effect when it is made.

5A.17      Notice of decisions

         (1)   The ACA must, not later than 5 working days after the day on which a decision was made under subsection 5A.15 (3), give written notice to the applicant of the decision.

         (2)   A decision to refuse the application must be accompanied by the reasons for the refusal.

Note   A decision to refuse an application is reviewable: see Schedule 11.

5A.18      Signalling point operators to notify ACA of changed circumstances

         (1)   This section applies to a signalling point operator to which an international signalling point code is allocated.

         (2)   As soon as practicable after any change in the information that the signalling point operator gave to the ACA under subsection 5A.6 (1), the operator must give written notice to the ACA of the changed information.

         (3)   If the change in the information relates to the functions for which the international signalling point code is to be used:

                (a)    the signalling point operator must also ask the ACA for permission to use the international signalling point code to perform a new function; and

               (b)    the ACA must grant or refuse the permission.

Part 5                 Transfer of international signalling point codes

  

5A.19      Divestment

         (1)   If an entity to which an international signalling point code is allocated (the original entity) divests the part of the entity that is the signalling point operator to a separate or new entity (the new operator):

                (a)    the code is taken to have been allocated to the new operator on the day of the divestment; and

               (b)    the original entity and the new operator must, jointly, notify the ACA in writing of the divestment not later than 5 working days after the divestment.

         (2)   The notice under paragraph (1) (b) must include:

                (a)    the date of the divestment; and

               (b)    information that is mentioned in subsection 5A.6 (1) in relation to the original entity, the new operator and the international signalling point code; and

                (c)    information about the divestment that affects the use by the new operator of the international signalling point code.

         (3)   The new operator is taken to have complied with the requirements with which the original entity has complied that apply to an applicant under Division 2 of Part 2.

5A.20      Merger, acquisition or joint venture

         (1)   If a signalling point operator (the original operator) to which an international signalling point code is allocated merges with, is acquired by, or enters a joint venture with, another entity (the new entity):

                (a)    the code is taken to have been allocated to the new entity on the day of the merger, acquisition or joint venture; and

               (b)    the original operator and the new entity must, jointly, notify the ACA in writing of the merger, acquisition or joint venture not later than 5 working days after its occurrence.

         (2)   The notice under paragraph (1) (b) must include:

                (a)    the date of the merger, acquisition or joint venture; and

               (b)    information that is mentioned in subsection 5A.6 (1) in relation to the new entity and the international signalling point code; and

                (c)    information about the merger, acquisition or joint venture that affects the use by the new entity of the international signalling point code.

         (3)   The new entity is taken to have complied with the requirements with which the original operator has complied that apply to an applicant under Division 2 of Part 2.

5A.21      No transfer in other circumstances

                An international signalling point code is not transferable except in the circumstances mentioned in sections 5A.19 and 5A.20.

Part 6                 Surrender of international signalling point codes

  

5A.22      Entitlement to surrender international signalling point code

         (1)   A signalling point operator to which an international signalling point code is allocated may surrender the international signalling point code by giving the ACA a written notice.

         (2)   The notice must:

                (a)    identify the international signalling point code; and

               (b)    if any of the information that the signalling point operator gave to the ACA in relation to the international signalling point code under subsection 5A.6 (1) has changed — include the changed information; and

                (c)    specify the name and location of the signalling point which identify the international signalling point code.

         (3)   The notice may specify a date (later than the date on which the notice is given to the ACA) on which the surrender is to take effect.

         (4)   The surrender of an international signalling point code takes effect:

                (a)    on the date specified in the notice; or

               (b)    if no date is specified in the notice — when the ACA receives the notice of surrender.

5A.23      Acknowledgment of surrender

                The ACA must, not later than 10 working days after receiving a notice surrendering an international signalling point code, acknowledge in writing that it has received the notice.

Part 7                 Revocation of allocation of international signalling point code for test network

  

5A.24      Grounds for revocation

         (1)   This section applies if the ACA has allocated an international signalling point code to a signalling point operator for use in a test network.

         (2)   If section 5A.19 or 5A.20 applies, the ACA must revoke the allocation if the signalling point operator does not comply with the applicable section.

         (3)   The ACA must revoke the allocation if the international signalling point code is being used by a signalling point operator other than the operator to which the code has been allocated or transferred.

         (4)   The ACA must revoke the allocation if the signalling point operator has not used the international signalling point code within the period of 12 months after the date on which the application for allocation of the code was made by the operator.

         (5)   The ACA may revoke the allocation if the international signalling point code has been, is being, or is likely to be, used to perform a function that was not specified in the application made by the signalling point operator for allocation of the code.

         (6)   The ACA may revoke the allocation if the international signalling point code has ceased to be used by the signalling point operator.

         (7)   The ACA may revoke the allocation if the signalling point operator has not complied with section 5A.18.

5A.25      Revocation

         (1)   If the ACA wishes to revoke the allocation of an international signalling point code in accordance with section 5A.24, the ACA must:

                (a)    give written notice of the proposed revocation to the signalling point operator; and

               (b)    specify in the notice a period, not less than 44 working days, after which the revocation takes effect.

         (2)   The revocation of the allocation of an international signalling point code takes effect at the end of the period specified in the notice under subsection (1).

         (3)   If the allocation of an international signalling point code is revoked, the international signalling point code may be reallocated in accordance with Part 2 at any time more than 12 months after the revocation takes effect.

Part 8                 Withdrawal of international signalling point code

  

5A.26      Grounds for withdrawal

         (1)   The ACA must withdraw an international signalling point code if the signalling point operator does not comply with a requirement specified in section 5A.19 or 5A.20 that is applicable to the operator.

         (2)   The ACA must withdraw an international signalling point code that is allocated to a signalling point operator if the international signalling point code is being used by a signalling point operator other than the signalling point operator to which the code has been allocated or transferred.

         (3)   The ACA must withdraw an international signalling point code that is allocated to a signalling point operator if the operator:

                (a)    has not commenced service using the international signalling point code within the period of 12 months after the date on which the application for allocation of the code was made by the operator; and

               (b)    has not applied to the ACA for an extension of that period.

         (4)   The ACA must withdraw an international signalling point code that is allocated to a signalling point operator if:

                (a)    the operator has not commenced service using the international signalling point code within the period of 12 months after the date on which the application for allocation of the code was made by the operator; and

               (b)    the operator has applied to the ACA for an extension of that period; and

                (c)    the ACA has refused the application.

         (5)   The ACA must withdraw an international signalling point code that is allocated to a signalling point operator if:

                (a)    the ACA has approved an application for an extension of the period in which the operator is to commence service using the international signalling point code; and

               (b)    the operator has not commenced service using the international signalling point code at the end of the extended period.

         (6)   The ACMA may withdraw an international signalling point code that is allocated for use by a signalling point operator if:

                (a)    the operator has ceased its telecommunications business; or

               (b)    the international signalling point code has otherwise ceased to be used by the operator.

         (7)   The ACA may withdraw an international signalling point code that is allocated for use by a signalling point operator if the operator has not complied with section 5A.18.

         (8)   The ACA may withdraw an international signalling point code that is allocated for use by a signalling point operator if the international signalling point code has been, is being, or is likely to be, used to perform a function:

                (a)    that was not specified in the application made by the operator for allocation of the code; or

               (b)    for which the ACA has not given permission under subsection 5A.18 (3).

5A.27      Withdrawal

         (1)   If the ACA is required to withdraw an international signalling point code in accordance with subsection 5A.26 (1), (2), (3), (4) or (5):

                (a)    the ACA must give written notice of the withdrawal to the signalling point operator; and

               (b)    the withdrawal takes effect on receipt by the operator of the notice of the withdrawal.

         (2)   If the ACA wishes to withdraw an international signalling point code in accordance with subsection 5A.26 (6), (7) or (8), the ACA must:

                (a)    give written notice of the proposed withdrawal to the signalling point operator; and

               (b)    invite the operator to state in writing to the ACA, within 20 working days after the day on which the notice is given to the operator, why the international signalling point code should not be withdrawn.

         (3)   The ACMA must, after considering any written statement given to it by the operator under paragraph (2) (b):

                (a)    decide whether to withdraw the international signalling point code; and

               (b)    if the ACMA decides to withdraw the code — give written notice of the withdrawal to the operator.

      (3A)   For subsection (3), the period within which the ACMA must make a decision is:

                (a)    if the ACMA does not receive any written statement from the operator under paragraph (2) (b) — 20 working days after the end of the period within which a written statement may be given to the ACMA under paragraph (2) (b); or

               (b)    if the ACMA receives a written statement from the operator under paragraph (2) (b) — 20 working days after receiving the statement.

         (4)   The withdrawal of an international signalling point code in accordance with subsection 5A.26 (6), (7) or (8) takes effect on receipt by the signalling point operator of the notice of the withdrawal.

5A.28      Withdrawn international signalling point codes not to be reallocated

                The ACA must not allocate an international signalling point code that has been withdrawn for a period of 12 months after the day on which the withdrawal took effect.

Chapter 6    Allocation of certain numbers

Part 1                 Preliminary matters

  

6.1           Purpose of Chapter 6

         (1)   Under paragraph 455 (5) (a) of the Act, this plan may set out rules about the allocation of numbers to carriage service providers.

         (2)   This Chapter sets out rules for allocating numbers.

Note   This Chapter does not apply to shared numbers because they are not allocated by the ACA: see section 6.15.

6.1A        Chapter 6 does not apply to certain numbers

         (1)   Chapter 6 does not apply to freephone numbers mentioned in Schedule 4A.

Note   Freephone numbers are allocated under Part 5 of Chapter 3.

         (2)   Chapter 6 does not apply to local rate numbers mentioned in Schedule 4B.

Note   Local rate numbers are allocated under Part 5 of Chapter 3.

      (2A)   Chapter 6 does not apply to premium rate numbers mentioned in Schedule 4C.

Note   Premium rate numbers are allocated under Part 5 of Chapter 3.

         (3)   Chapter 6 does not apply to international signalling point codes.

Note   International signalling point codes are allocated under Chapter 5A.

6.2           Allocation

         (1)   The ACA must allocate numbers in a way that gives effect to the provisions of this plan for the use of numbers in connection with the supply of carriage services.

         (2)   In allocating numbers, the ACA must also comply with this Chapter.

         (3)   In allocating numbers otherwise than in accordance with an allocation system, the ACA must decide each application fairly, and in a way that is consistent with decisions made about other applications of a similar character.

         (4)   In allocating numbers, the ACA must take into account the information obtained during monitoring under Chapter 7A.

 

Information about allocations

Under subsection 455 (6) of the Act, rules about the allocation of numbers to carriage service providers may authorise the allocation of specified numbers in accordance with an allocation system determined under section 457 of the Act, or otherwise.

The rules in this Division deal with ‘over the counter’, or administrative, allocations of numbers for use in connection with the supply of carriage services.  They do not deal with allocation in accordance with an allocation system.

 

6.4           Outcomes of allocation

         (1)   The allocation must give effect to:

                (a)    the objects of this plan mentioned in sections 1.4 to 1.15; and

               (b)    the provisions of this plan for the use of numbers in connection with the supply of carriage services.

         (2)   The allocation of a number must, if practicable:

                (a)    be an efficient use of a number, to enable future requirements for numbers to be met at the least cost to carriage service providers and customers; and

               (b)    promote access by end‑users to a range of carriage services and carriage service providers; and

                (c)    promote flexible management by carriage service providers of any expansion in the use of numbers in connection with the supply of the carriage service for which the number is to be allocated.

         (3)   The allocation of a number must also, if practicable:

                (a)    protect the interests of consumers, including the convenience of customers, and ease of customer understanding and use of numbers; and

               (b)    help competitive service provision and encourage investment by carriage service providers in the development of diverse and innovative carriage services.

6.5           Notification of changes in names etc

         (1)   This section applies to a carriage service provider to which a number is allocated.

         (2)   While the carriage service provider holds the number, it must notify the ACA as soon as practicable of changes to its name, Australian Company Number or Australian Registered Business Number (if applicable), postal address and facsimile number.

 

Part 2                 Allocation procedures

Division 1              Non‑pooled numbers

 

Information about Division 1

This Division sets out the procedures that a carriage service provider must follow to apply for allocation of a number that is not a pooled number. The procedures include the payment of application charges.

Subdivision 1              Application of Division

6.6           Application of Division

                This Division applies to numbers that are not pooled numbers.

Subdivision 2              Application for allocation of numbers

6.7           Application for allocation

         (1)   A carriage service provider that wishes to have a number allocated may apply to the ACA for an allocation.

         (2)   The application must contain the information mentioned in Schedule 7.

         (3)   The ACA must, within 5 working days of receiving the application, acknowledge it and tell the applicant whether it is a routine or complex application.

6.8           Application charges

         (1)   The application must be accompanied by the charge (if any) for the application fixed by a determination under section 53 of the Australian Communications Authority Act 1997.

         (2)   The applicant must tender the amount of charge (if any) imposed on the allocation of the numbers by Part 2 of the Telecommunications (Numbering Charges) Act 1997.

6.9           Confidentiality of application

         (1)   This section applies if a carriage service provider claims that its information about the allocation and use of numbers is commercially sensitive, and the ACA considers the claim to be reasonable.

         (2)   The ACA must keep the information secure.

         (3)   The ACA must not disclose the information, unless:

                (a)    the disclosure is for the ACA; or

               (b)    the disclosure is required by the Act or another Act; or

                (c)    the disclosure is authorised by the applicant; or

               (d)    the disclosure is to the ACCC because:

                          (i)    this plan requires the ACA to consult the ACCC about the numbers; and

                         (ii)    the information is relevant to the consultations; or

                (e)    the disclosure is to the ACCC because the ACA believes the allocation of the numbers would have implications for competition in the telecommunications industry; or

                (f)    the information is relevant to a complex application, and:

                          (i)    the disclosure is to an advisory committee assessing the application; and

                         (ii)    the carriage service provider has been consulted about the disclosure.

Subdivision 3              Assessment of application

 

Information about Subdivision 3

This subdivision sets out rules that the ACA must follow when dealing with an application. It includes provisions about:

·         how the ACA must decide whether an application is routine or complex

·         how the ACA must deal with these kinds of applications

·         when the ACA must consider the recommendation of an advisory committee.

6.10        Routine and complex applications

         (1)   An application is a routine application only if the ACA believes that:

                (a)    the allocation would have no adverse implications for competitive service provision; and

               (b)    the allocation would have no adverse implications for the interests of end‑users of carriage services; and

                (c)    no other matters relevant to the outcomes specified in section 6.4 need special examination.

         (2)   A complex application is an application that is not a routine application.

6.11        ACA may ask for further information

         (1)   The ACA may ask an applicant, in writing, to give it further information on matters mentioned in the application to allow it to consider an application.

         (2)   The applicant must give the further information to the ACA:

                (a)    in writing; or

               (b)    in any other form specified by the ACA.

         (3)   If the applicant does not give the ACA the further information within 40 working days of the request, the applicant is taken to have withdrawn the application at the end of the 40 working days.

6.12        Dealing with application

         (1)   The ACA must consider the application quickly to minimise delay in the start of carriage services.

         (2)   The ACA must be responsive in giving information and assistance, as required, to the applicant.

         (3)   The ACA must be consistent in applying the matters mentioned in this Subdivision.

6.13        Dealing with complex application

                In deciding whether to allocate numbers to an applicant making a complex application, the ACA may consider any recommendation of its advisory committee.

6.14        Numbers to be in use within 12 months

                A carriage service provider to which numbers have been allocated must ensure that the numbers are in use within 12 months after the allocation.

Examples of a number being in use

·      The number has been issued to a customer.

·      The number is being used for network testing.

Note   The ACA may withdraw the numbers if it is satisfied that they will not be in use within a certain time — see section 7.23.

6.15        Numbers not to be allocated

         (2)   A shared number must not be allocated.

         (3)   An emergency service number must not be allocated.

         (4)   A local number must not be allocated otherwise than as part of a geographic number.

6.16        Additional grounds for refusing allocation

         (1)   A number must not be allocated to a carriage service provider if the ACA is satisfied that the carriage service provider is likely to issue, transfer or use the number in a way that is inconsistent with:

                (a)    this plan; or

               (b)    a condition on the use of the number.

      (1A)   For subsection (1), the ACA may have regard to:

                (a)    the way in which the carriage service provider has issued, used or transferred other numbers that have been allocated to the carriage service provider; and

               (b)    information showing an intention by the carriage service provider to issue, transfer or use the number in a way that is inconsistent with this plan or a condition; and

                (c)    any other matter the ACA considers relevant.

         (2)   A number must not be allocated to a carriage service provider if:

                (a)    other numbers have been allocated to the carriage service provider; and

               (b)    either:

                          (i)    a charge is due, and has been unpaid for at least 6 months after its due date, in respect of the numbers, under 1 of the following Acts:

                                   (A)     the Telecommunications (Numbering Charges) Act 1991;

                                   (B)     the Telecommunications (Numbering Charges) Act 1997; or

                         (ii)    an amount by way of penalty is due, and has been unpaid for at least 6 months after the carriage service provider became liable to pay the amount of penalty, under a determination made under subsection 468 (4) of the Act.

         (3)   A number must not be allocated if the ACA believes that:

                (a)    the number is similar to an emergency services number; and

               (b)    its use may adversely affect an emergency call service.

6.17        Numbers of broad geographic significance

                Numbers of broad geographic significance must be allocated only:

                (a)    to meet the needs of customers who wish to make or keep common internal numbering arrangements across multiple geographically dispersed sites; or

               (b)    to improve numbering efficiency for carriage service providers with limited requirements for geographic numbers.

Note   For paragraph (a), the ACA may allocate a carriage service provider a series of contiguous blocks of numbers of broad geographic significance, each block being made available for use exclusively within a single standard zone unit.

6.18        Incoming only international numbers

         (1)   The ACA must allocate an incoming only international number only if the ACA has evidence of an agreement between the applicant and at least 1 foreign telecommunications operator.

         (2)   The agreement must be for international interconnection between a foreign public telecommunications network and the applicant’s network that would allow routing of incoming only international calls.

6.19        Data network identification codes

         (1)   The ACA must allocate a data network identification code only if the ACA has evidence of an agreement between the applicant and at least 1 foreign telecommunications operator.

         (2)   The agreement must be for international interconnection between a foreign public telecommunications network and the applicant’s network that would allow routing of data calls.

6.20        Number of network identification codes to be allocated

         (1)   If the applicant’s network has a projected take‑up of at least 1,500 X.25 DTE/DCE interfaces or X.28 PAD interfaces, each with its own unique terminal number, the ACA must allocate no more than one data network identification code.

         (2)   If the applicant’s network has a projected take‑up of at least 1,000, but not more than 1499, X.25 DTE/DCE interfaces or X.28 PAD interfaces, each with its own unique terminal number, the ACA must allocate no more than one 2‑digit private network identification code.

         (3)   If the applicant’s network has a projected take‑up of at least 500, but not more than 999, X.25 DTE/DCE interfaces or X.28 PAD interfaces, each with its own unique terminal number, the ACA must allocate no more than one 3‑digit private network identification code.

         (4)   If the applicant’s network has a projected take‑up of at least 100, but not more than 499, X.25 DTE/DCE interfaces or X.28 PAD interfaces, each with its own unique terminal number, the ACA must allocate no more than one 4‑digit private network identification code.

6.21        Allocation of data terminal numbers to a carriage service provider

                The ACA is not required to allocate to a carriage service provider every data terminal number that has the same data network identification code.

Subdivision 4              Allocation procedures

 

Information about Subdivision 4

This subdivision sets out information about how the ACA must carry out an allocation, including provisions about:

·         how the ACA will deal with a situation where there is more than 1 request for the allocation of a particular number

·         the unit size for allocation of numbers that are not pooled numbers

·         when a carriage service provider may apply to the ACA for allocation of a unit of numbers that is smaller than the unit size.

6.22        Allocation on request (more than 1 request)

         (1)   This section applies if:

                (a)    more than 1 carriage service provider applies for the allocation of a particular number; and

               (b)    the ACA decides to approve 1 of the requests.

         (2)   The ACA must allocate the number to the provider that made the first request.

         (3)   However, the ACA may allocate, to more than 1 carriage service provider, a special service number beginning with any of the prefixes ‘12 61’, ‘12 62’, ‘12 63’, ‘12 64’, ‘12 65’, ‘12 66’, ‘12 67’ or ‘12 68’.

         (4)   If it is not apparent to the ACA which request was made first, the ACA must decide which request is taken to be made first in accordance with procedures determined by the ACA under subsection (5).

         (5)   The ACA must determine, in writing, procedures for deciding which request is taken to be made first when it is not apparent to the ACA which request was made first.

         (6)   If subsection (4) applies, the ACA must tell the other carriage service providers how it determined which request was taken to be made first.

6.23        Unit size

         (1)   The units in which numbers that are not pooled numbers will be allocated to carriage service providers are:

 

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, the ACA may determine, in writing:

                (a)    a unit size for the number; or

               (b)    a unit size that is appropriate for the number in circumstances mentioned in the determination.

         (3)   A unit size determined under subsection (2) for a number must be consistent with the number analysis capabilities of telecommunications networks operated in Australia.

6.24        Units for allocation

         (1)   The ACA must allocate the numbers in the appropriate unit mentioned in, or determined under, section 6.23.

         (2)   However, the ACA is not required to allocate the numbers in the appropriate unit if it approves an application made under subsection (3) for the allocation of fewer numbers.

         (3)   A carriage service provider may apply to the ACA, in writing, for allocation of fewer numbers than the unit size.

         (4)   The application must include reasons.

         (5)   The ACA may approve the application only if:

                (a)    it is satisfied that the allocation of fewer numbers will not hinder a later allocation of the numbers; and

               (b)    the allocation of fewer numbers is consistent with the number analysis capabilities of telecommunications networks operated in Australia; and

                (c)    it is satisfied that:

                          (i)    it is likely the carriage service provider would be disadvantaged or significantly inconvenienced by an allocation in the appropriate unit; or

                         (ii)    it is an efficient use of numbers.

6.25        Allocation arrangements

         (1)   The ACA may decide to allocate a number with effect from, or until, a date mentioned in the decision.

         (2)   Before allocating a number to a carriage service provider until a date mentioned in the decision, the ACA must tell the provider, in writing:

                (a)    that the ACA intends to allocate the number until that date; and

               (b)    that the number will be withdrawn on that date unless the allocation is extended.

6.26        Extending, or making permanent, an allocation

         (1)   This section applies to the allocation of a number with effect until a particular date (the expiry date).

         (2)   Not later than 20 working days before the expiry date, the carriage service provider holding the number may apply to the ACA:

                (a)    to extend the allocation of the number to another date; or

               (b)    to extend the allocation of the number indefinitely.

         (3)   The ACA must decide the application before the expiry date.

Subdivision 5              Conditional allocation

 

Information about Subdivision 5

This Subdivision allows the ACA to make an allocation subject to certain conditions.

6.27        Conditions — general

         (1)   The ACA may allocate a number subject to conditions about:

                (a)    issuing, transferring, surrendering or using the number; or

               (b)    the number’s portability.

         (2)   Before imposing a condition, the ACA may consult with either or both of:

                (a)    an advisory committee; or

               (b)    the ACCC.

         (3)   Before imposing a condition relating to the portability of a number, the ACA must consult with the ACCC.

         (4)   Before allocating a number to a carriage service provider, subject to conditions, the ACA must tell the provider, in writing:

                (a)    that the ACA intends to allocate the number subject to conditions; and

               (b)    the general content of the conditions.

         (5)   The ACA:

                (a)    must give a copy of the conditions, to the carriage service provider that is subject to the conditions, within 5 working days after imposing the condition; and

               (b)    may give a copy of the conditions to a person who asks for it.

6.28        Conditions — information program

         (1)   This section applies to:

                (a)    a geographic number if no other geographic number, with the same component in column 1 of Schedule 2 as the number to be allocated, has previously been used in accordance with the Schedule; and

               (b)    a special services number if no other special services number, with the same component in column 1 of Schedule 4 as the number to be allocated, has previously been used in accordance with the Schedule.

         (2)   The ACA may allocate the number to a carriage service provider subject to a condition about the provider developing and implementing an information program for end‑users that are likely to use the number.

         (3)   The condition must provide for the program to tell end‑users about:

                (a)    the potential limitations on access of customer equipment to the number, and how these limitations can be addressed; and

               (b)    for a geographic number — the general location where calls to the number will terminate; and

                (c)    for a special services number:

                          (i)    the structure of call charging; and

                         (ii)    the services that are to be supplied using the number.

         (4)   Before allocating a number subject to the condition to a carriage service provider, the ACA must tell the provider, in writing:

                (a)    that the ACA intends to allocate the number subject to the condition; and

               (b)    the general content of the condition.

         (5)   The condition ceases to apply for a carriage service provider when the ACA registers an industry code, in the Register of Industry Codes kept under section 136 of the Act, that:

                (a)    sets out information to be included in the program; and

               (b)    applies to the provider.

Subdivision 6              Making the decision

6.29        Approval or refusal of routine application

         (1)   The ACA must decide whether to approve or refuse a routine application within 10 working days after receiving it.

         (2)   The 10 working days do not include a period:

                (a)    starting when the ACA asks the applicant for further information to allow it to consider the application; and

               (b)    ending when it receives the information.

6.30        Approval or refusal of complex application

         (1)   The ACA must decide whether to approve or refuse a complex application within 44 working days after receiving it.

         (2)   The 44 working days do not include a period:

                (a)    starting when the ACA asks the applicant for further information to allow it to consider the application; and

               (b)    ending when it receives the information.

 

Part 3                 Variation of allocation of geographic numbers issued in error

  

Information about Part 3

Part 3 allows a carriage service provider that issues a geographic number by mistake to an incorrect standard zone unit or geographic sector to apply to the ACA to vary the ACA’s allocation of numbers to rectify the problem. The variation may allow the allocation to be split into blocks that are less than the unit size for geographic numbers specified in section 6.23 of this Plan.

Geographic numbers are allocated in accordance with Parts 1 and 2 of Chapter 6. Part 3 is an arrangement that allows the ACA to deal with unexpected problems that are identified after an allocation has occurred: it is not an alternative form of allocation.

The ACA does not guarantee that it will use Part 3 to rectify a problem relating to a geographic number. The ACA is not required to vary an allocation under Part 3, since there may be more efficient ways of dealing with the problem than by varying an allocation.

It should also be noted that a carriage service provider’s applications for the allocation of numbers in the future will be considered having regard to the manner in which the carriage service provider has previously used numbers allocated to it: see section 6.16.

6.31        Application of Part 3

                This Part applies if a carriage service provider issues:

                (a)    a geographic number (the issued number) which:

                          (i)    is part of a unit; and

                         (ii)    does not terminate in the standard zone unit for which the unit was allocated in accordance with subsection 3.4 (4); or

               (b)    a geographic number (the issued number) which does not terminate at a location in a geographic sector or area mentioned for Part 1 of Schedule 3 in accordance with section 3.5.

6.32        Application by carriage service provider for variation of allocation

         (1)   A carriage service provider to which section 6.31 applies may apply to the ACA to vary an allocation by varying the location of an issued number.

         (2)   The allocation to which the application relates:

                (a)    must include the issued number; and

               (b)    must:

                          (i)    have been made as a result of another application under this Chapter; or

                         (ii)    have been taken to have been made under this Plan.

Note   This Plan commenced in 1997. It applies to an allocation that occurred before this Plan commenced as if the allocation had been made under this Plan.

         (3)   The application must be:

                (a)    in writing; and

               (b)    for the variation of the allocation of:

                          (i)    100 numbers or numbers in a whole multiple of 100; or

                         (ii)    1 000 numbers or numbers in a whole multiple of 1 000.

         (4)   The application must:

                (a)    identify the standard zone unit or geographic sector to which the issued number was issued; and

               (b)    include an explanation of how and why the number was issued for use in an inappropriate standard zone unit or geographic sector.

         (5)   The application must be made as soon as practicable after the issued number was issued.

Note   Although it may take time to recognise that a number is not terminating in the appropriate place, it is in a carriage service provider’s interests to make an application as soon as practicable after the carriage service provider first becomes aware that the number is not terminating in the appropriate place.

For example, a failure to make an application, or an unjustifiable delay in making an application, may be taken into account by the ACA under section 6.16 as an example of the way in which the carriage service provider has issued and used numbers from previous allocations.

         (6)   The ACA may ask an applicant, in writing, to give it further information within 30 business days on the matters to which the application relates, to allow the ACA to consider the application.

         (7)   If the applicant does not give the ACA the information requested under subsection (6) within 30 business days, the applicant is taken to have withdrawn the application at the end of the 30 business days.

         (8)   The other Parts of this Chapter apply to an application mentioned in this Part to the extent that they are not inconsistent with this section.

6.33        Approval or refusal of application

         (1)   The ACA must refuse an application to vary an allocation if it considers that:

              (aa)    any number to which the application relates was deliberately issued for use in an inappropriate standard zone unit or geographic sector; or

                (a)    the use of the numbers as varied in accordance with the application would be inconsistent with the number analysis capabilities of telecommunications networks operated in Australia; or

               (b)    the numbers to which the variation would relate do not relate to either of the following:

                          (i)    the charging district in which calls to the numbers terminate, or appear to terminate, for charging purposes; or

                         (ii)    a standard zone unit that:

                                   (A)     is adjacent to the standard zone unit for which the unit that includes the numbers was allocated; and

                                   (B)     is in a charging district that has the same prefix as the charging district mentioned in subparagraph (i); or

                (c)    the use of the numbers to which the variation would relate would substantially reduce the geographic significance of the numbers; or

               (d)    the decision to vary the allocation would have disadvantages, for another carriage service provider, customer or end‑user, that outweigh the advantages of varying the numbers.

         (2)   The ACA may approve the application (but is not required to approve the application) if:

                (a)    the ACA is satisfied that the carriage service provider making the application has issued a number described in paragraph 6.31 (a) or (b); and

               (b)    the carriage service provider has given the ACA adequate information to allow the ACA to make the decision; and

                (c)    subsection (1) does not apply.

Note   A variation of the allocation of numbers is not the only way to resolve problems associated with the situation described in section 6.31. The ACA may, for example, decline to approve the application to vary the allocation in order to allow the carriage service provider:

(a)   to reorganise its allocated numbers; or

(b)   to negotiate with affected customers, or other carriage service providers, for a solution that better meets the customers’ requirements.

6.34        Time for approval or refusal of application

         (1)   The ACA must approve or refuse an application under section 6.33 within 15 business days starting on the day on which the application is received by the ACA.

         (2)   However, the ACA may, by written notice given to the applicant, extend that period for not more than 30 business days.

         (3)   The period within which the ACA must approve or refuse an application does not include a period:

                (a)    starting when the ACA asks the applicant for further information under subsection 6.32 (6); and

               (b)    ending when it receives the information.

         (4)   The ACA may extend the period only if the consideration of the application requires the ACA to consult:

                (a)    another carriage service provider; or

               (b)    a supplier of relevant equipment or services;

about the effect that granting the application would have on routing of, or charging for, calls by the other carriage service provider.

6.35        Register

                The designated authority must update the Register, maintained under section 465 of the Act, to reflect a variation of an allocation of numbers.

Chapter 7    Transfer, surrender or withdrawal of numbers

Part 1                 Purpose

  

7.1           Purpose of Chapter 7

         (1)   Under paragraph 455 (5) (b) of the Act, this plan may set out rules about the transfer of allocated numbers between carriage service providers.

         (2)   Under paragraph 455 (5) (c) of the Act, this plan may set out rules about the surrender or withdrawal of allocated numbers.

         (3)   This Chapter sets out rules for transferring, surrendering or withdrawing numbers.

Note   This Chapter does not apply to shared numbers because they are not allocated by the ACA: see section 6.15.

7.1A        Chapter 7 does not apply to certain numbers

         (1)   Chapter 7 does not apply to freephone numbers mentioned in Schedule 4A.

Note   Freephone numbers are allocated under Part 5 of Chapter 3.

         (2)   Chapter 7 does not apply to local rate numbers mentioned in Schedule 4B.

Note   Local rate numbers are allocated under Part 5 of Chapter 3.

         (3)   Chapter 7 does not apply to premium rate numbers mentioned in Schedule 4C.

Note   Premium rate numbers are allocated under Part 5 of Chapter 3.

         (4)   Chapter 7 does not apply to international signalling point codes.

Note   International signalling point codes are allocated under Chapter 5A.

 

 

Part 2                 Rules for transfer of numbers

  

7.2           Purpose of Part 2

                This Part sets out rules about the way in which an allocated number may be transferred between carriage service providers.

Note   Under section 87 of the Act, a carriage service intermediary described in the section is a form of carriage service provider. Therefore, an allocated number can be transferred:

·      from a carriage service provider to another carriage service provider; or

·      from a carriage service provider to a carriage service intermediary; or

·      from a carriage service intermediary to another carriage service intermediary.

 

Information about transferring numbers

The rules in this Part are intended to ensure that:

·           the transfer of numbers is effected in a timely manner

·           a customer’s right to use a number is not infringed by a transfer

·           information on permanent transfers is given to the ACA to allow it to support the administration of annual numbering charge under the Telecommunications (Numbering Charges) Act 1997

·           the ACA makes and keeps a register of carriage service providers who hold allocated numbers.

 

7.3           Numbers eligible to be transferred

                A number allocated to a carriage service provider may only be transferred from that carriage service provider, or another carriage service provider holding the number, in accordance with this Part.

7.4           Numbers to be transferred to carriage service providers

         (1)   A carriage service provider that holds a number must transfer it only to another carriage service provider.

         (2)   The carriage service provider must only transfer the number with the agreement of the receiving carriage service provider.

7.5           Advising ACA of permanent transfer of number

         (1)   If a carriage service provider permanently transfers a number to another carriage service provider, the providers must jointly give the ACA written notice of:

                (a)    the number being transferred; and

               (b)    the date of the transfer; and

                (c)    the company or business name of both providers; and

               (d)    the ACN or ARBN (if any) of both providers; and

                (e)    the postal address of both providers.

Note   Under section 87 of the Act, a carriage service intermediary described in the section is a form of carriage service provider.

         (2)   The notice must:

                (a)    be in a form approved by the ACA; and

               (b)    be signed and dated, for a provider, by a person authorised to do so by the provider.

         (3)   As soon as practicable after receiving the notice, the designated authority within the meaning of subsection 465 (1) of the Act must amend information in the Register maintained under subsections 465 (2) and (3) of the Act in accordance with the notice.

7.8           Notification of changes in name etc

         (1)   This section applies to a carriage service provider to which a number is transferred.

         (2)   While the carriage service provider holds the number, it must notify the ACA as soon as practicable of changes to its name, ACN or ARBN number (if any), postal address and facsimile number.

7.9           Transfer not to affect customer’s right of use of number

                If an allocated number is transferred from a carriage service provider to another carriage service provider, the providers must ensure that the transfer does not affect a customer’s right to use the number.

Note   Under section 87 of the Act, a carriage service intermediary described in the section is a form of carriage service provider.

7.10        Inconsistency with Chapter 10

                If the transfer of a number would be inconsistent with a carriage service provider’s obligations to customers about use of numbers:

                (a)    the number must not be transferred; and

               (b)    any attempt to transfer it has no effect for this plan.

Note   Chapter 10 deals with the carriage service provider’s obligations.

7.11        Transfer of numbers allocated conditionally

         (1)   If a carriage service provider is allocated a number subject to a condition that the number will be withdrawn after a specified time unless the provider confirms the allocation, the provider must not transfer the number unless it has confirmed the allocation.

         (2)   If a carriage service provider is allocated a number subject to any other condition, the provider must not transfer the number unless the ACA has approved the transfer.

         (3)   A carriage service provider may request the ACA to approve the transfer of a number.

         (4)   The ACA may decide to approve the transfer only if it is satisfied that the transfer will not prevent compliance with the condition.

         (5)   To provide for compliance with the condition, the ACA may approve the transfer subject to further conditions that give effect to the condition.

         (6)   The ACA must decide the request within 15 working days after receiving it.

 

Part 3                 Rules for surrender of numbers

  

7.12        Purpose of Part 3

                This Part sets out rules about the way in which a carriage service provider may surrender an allocated number.

Note   The rules in this Part are intended to ensure that:

·      carriage service providers may surrender numbers that they do not require, with the approval of the ACA; and

·      carriage service providers are able to surrender numbers before annual numbering charge becomes payable, but not for a limited period that would allow them to avoid the payment of annual numbering charge.

The rules in this Part explain:

·      how carriage service providers may apply for approval to surrender numbers; and

·      the preferred number of allocated numbers that should be surrendered at one time (a unit size).

7.13        Surrender of numbers

         (1)   A carriage service provider may surrender numbers that have been:

                (a)    received by allocation; or

               (b)    received by permanent transfer; or

                (c)    taken to have been allocated by declaration in this plan.

Note   A permanent transfer of a number occurs when 2 carriage service providers give a signed statement to the ACA which advises of their intention to transfer the number on a permanent basis.  The statement must include details of the date of the transfer, the company or business name of each provider, and the ACN (or ARBN) and postal address of the provider that is transferring the number.  See section 7.5.

         (2)   However, the carriage service provider is not entitled to surrender a number unless the ACA has approved an application to surrender it.

7.14        Approved application form

         (1)   The ACA must approve, in writing, an application form for the purposes of this Part.

         (2)   The approved form must contain at least the following matters:

                (a)    for a carriage service provider that is a corporation:

                          (i)    the provider’s name; and

                         (ii)    the provider’s ACN or ARBN; and

                         (iii)    the provider’s registered business name (if any); and

                        (iv)    the provider’s registered office address;

               (b)    for a carriage service provider that is a partnership:

                          (i)    the provider’s trading or registered business name (if any); and

                         (ii)    the full name and residential address of each partner;

                (c)    for a carriage service provider that is an individual:

                          (i)    the provider’s full name; and

                         (ii)    the provider’s registered business name (if any); and

                         (iii)    the provider’s residential address;

               (d)    the carriage service provider’s principal place of business;

                (e)    the postal address of, and contact facsimile number for, the carriage service provider’s principal place of business;

                (f)    the name, telephone number, facsimile number and email address of a contact person who is to represent the carriage service provider for the purposes of the application;

                (g)    whether the numbers that the carriage service provider wishes to surrender are telephone numbers, data numbers or telex numbers;

                (h)    each number that the applicant wishes to surrender, and the type of service which was supplied in connection with the use of the number;

                 (i)    if the carriage service provider wishes to surrender the number from a particular date, the date;

                (j)    if the carriage service provider wishes to surrender numbers in a non‑standard unit size, the reasons for the non‑standard unit size;

               (k)    if the carriage service provider wishes to surrender a number that has been allocated to the provider for less than 12 months, the reason for the surrender;

                 (l)    a requirement for the signature of the person who is using the application form;

               (m)    instructions for giving the completed form to the ACA.

7.15        Unit sizes

         (1)   For the purposes of paragraph 7.14 (2) (j), the size of the standard unit in which allocated numbers (other than pooled numbers) may be surrendered is:

                (a)    for geographic numbers mentioned in Schedule 3, 1 000 numbers; and

               (b)    for other geographic numbers, 1 000 numbers; and

                (c)    for access codes, 1 code; and

               (d)    for a special services number mentioned in Schedule 8, the unit size set out in the Schedule for the number; and

                (e)    for special services numbers of 10 digits that are not mentioned in Schedule 8, 10 000 numbers; and

                (f)    for a data number, the number of data numbers that were allocated to the carriage service provider in the allocation that included the data number.

         (3)   A carriage service provider must surrender pooled numbers individually.

Note   An important objective of the surrender process is to ensure that non‑pooled numbers are surrendered in useable blocks of contiguous numbers where practicable.

7.16        Application to surrender numbers

         (1)   A carriage service provider that wishes to surrender allocated numbers must apply to the ACA for approval to surrender the numbers.

         (2)   The carriage service provider must apply by completing the approved application form and giving it to the ACA in accordance with the instructions on the form.

         (3)   The ACA must acknowledge an application, in writing, within 5 working days after receiving it.

         (4)   An application has no effect unless:

                (a)    it is made in accordance with subsection (2); and

               (b)    the carriage service provider has received the acknowledgement of the application mentioned in subsection (3).

7.17        Decision on application

         (1)   The ACA must consider an application for approval to surrender numbers if the application has been made in accordance with subsection 7.14 (2).

         (2)   The ACA must decide to approve or refuse the application:

                (a)    within 10 working days after it receives the application; or

               (b)    in accordance with subsection (3).

         (3)   If the ACA is satisfied, before the end of the 10 working days mentioned in paragraph (2) (a), that:

                (a)    consultation is likely to be necessary before it can make a decision; and

               (b)    the consultation is not likely to be completed before the end of the 10 working days —

the ACA must decide to approve or refuse the application within 44 working days after it receives the application.

Example

The ACA may need to undertake consultations as part of considering an application to surrender numbers in a non‑standard unit size that is smaller than the standard unit size.

         (4)   The ACA must refuse an application if:

                (a)    the application deals with numbers that have been allocated to the carriage service provider for less than 12 months; and

               (b)    the ACA is satisfied that the main reason for the surrender of any of the numbers is to avoid paying a charge under Part 3 of the Telecommunications (Numbering Charges) Act 1977.

         (5)   The ACA must refuse an application if the carriage service provider has applied for the surrender of any of the numbers on, or within 15 working days before, the day determined in subsection 18 (2) of the Telecommunications (Numbering Charges) Act 1997.

         (6)   The ACA must refuse an application if:

                (a)    the carriage service provider wishes to surrender numbers in a non‑standard unit size; and

               (b)    either:

                          (i)    the ACA is not satisfied that the surrender will not hinder the later allocation of the numbers; or

                         (ii)    the ACA is not satisfied that the carriage service provider would be significantly disadvantaged, or significantly inconvenienced, by surrendering numbers in the standard unit size; and

                (c)    the ACA is not satisfied that the surrender of numbers in the non‑standard unit size is consistent with the current number analysis capabilities of telecommunications networks operated in Australia.

         (7)   The ACA must approve an application that it is not required to refuse under subsection (4), (5) or (6).

7.17A      Notification of decision

                As soon as practicable after making a decision on a carriage service provider’s application, the ACA must notify the provider, in writing, of the decision.

7.17B     Register

                The designated authority must update the Register, maintained under section 465 of the Act, to reflect the surrender of numbers.

7.17C     When surrender occurs

                If the ACA approves an application to surrender numbers, the surrender takes place on the later of:

                (a)    the day the application is approved; and

               (b)    if the applicant nominated a date under paragraph 7.14 (2) (i) — that day.

 

 

Part 4                 Rules for withdrawal of numbers

  

7.18        Purpose of Part 4

                This Part sets out the way in which an allocated number may be withdrawn from a carriage service provider.

Information about withdrawal

The rules in this Division are intended to ensure that the ACA will withdraw numbers allocated to carriage service providers in accordance with clear procedures.

 

7.19        Withdrawal of numbers allocated in accordance with allocation system

                The ACA may withdraw from a carriage service provider numbers allocated in accordance with an allocation system only in accordance with section 7.20, 7.21 or 7.24A.

7.20        Inconsistency with this plan

         (1)   The ACA may withdraw the numbers if they were allocated, issued, transferred or used in a way inconsistent with this plan.

         (2)   In deciding to withdraw the numbers, the ACA must be satisfied that the benefits, or problems to be avoided, for end‑users and carriage service providers by withdrawal are more significant than the technical and financial consequences of withdrawal for end‑users and carriage service providers.

         (3)   A decision to withdraw the numbers must be in writing.

         (4)   The ACA must give a written notice to the carriage service provider, specifying:

                (a)    the decision and reasons; and

               (b)    the date of withdrawal.

         (5)   The minimum time between giving the notice and the date of withdrawal must be the shorter of:

                (a)    the total period of 44 working days and the period for which the carriage service provider has had the numbers; and

               (b)    14 months.

7.21        Non‑payment of numbering charge

         (1)   The ACA may withdraw all or any of the numbers if:

                (a)    charge is payable for any 1 or more of the numbers under:

                          (i)    the Telecommunications (Numbering Charges) Act 1991; or

                         (ii)    the Telecommunications (Numbering Charges) Act 1997; and

               (b)    the charge has been unpaid for at least 6 months after its due date.

         (2)   In deciding to withdraw the numbers, the ACA must be satisfied that:

                (a)    the carriage service provider is aware of the liability; and

               (b)    the withdrawal of numbers will produce no significant adverse consequences for end‑users.

         (3)   A decision to withdraw the numbers must be in writing.

         (4)   If the ACA decides to withdraw the numbers, it must give a written notice to the carriage service provider, specifying:

                (a)    the decision and reasons; and

               (b)    the date of withdrawal.

         (5)   The minimum time between giving the notice and the date of withdrawal must be 20 working days.

7.22        Withdrawal of numbers allocated otherwise than in accordance with allocation system

                The ACA may withdraw from a carriage service provider numbers allocated otherwise than in accordance with an allocation system only in accordance with section 7.20, 7.21, 7.23, 7.24 or 7.24A.

7.23        Withdrawal of numbers not in use

         (1)   The ACA may withdraw the numbers:

                (a)    if:

                          (i)    at a time in the 12 months after the numbers are allocated, the ACA believes, on reasonable grounds, that the numbers will not be in use before the end of that period; or

                         (ii)    at a time after the end of 12 months after the numbers are allocated, the numbers have not been in use since the numbers were allocated; or

                         (iii)    at a time after the end of 12 months after the numbers are allocated:

                                   (A)     the numbers have been in use since the numbers were allocated but are no longer in use; and

                                   (B)     the numbers have been quarantined and released from quarantine; and

                                   (C)     either:

                                                (I)     at a time in the 12 months after the numbers were released from quarantine, the ACA believes, on reasonable grounds, that the numbers will not be in use before the end of that period; or

                                               (II)     at a time after the end of 12 months after the numbers were released from quarantine, the numbers have not been in use since the numbers were released from quarantine; and

               (b)    if the ACA believes, on reasonable grounds, that:

                          (i)    the numbers are additional to those reasonable for the carriage service provider to hold to service its on‑going business needs; and

                         (ii)    the benefits or problems to be avoided by withdrawal are greater than the costs of withdrawal.

Example of costs for subparagraph (b) (ii)

The technical and financial consequences of withdrawal for end‑users and carriage service providers.

Note   It is the ACA’s intention that the ACA will usually withdraw blocks of 1 000 contiguous numbers that are not in use.

         (2)   If the ACA is considering withdrawing numbers under subsection (1), the ACA must:

                (a)    give written notice of the proposed withdrawal to the carriage service provider, including:

                          (i)    details of the numbers that the ACA is considering withdrawing; and

                         (ii)    the grounds on which the ACA proposes to withdraw the numbers; and

               (b)    invite the carriage service provider to object in writing to the ACA, including the reasons why the numbers should not be withdrawn.

         (3)   A written objection given to the ACA under paragraph (2) (b):

                (a)    must be given to the ACA within the objection period; and

               (b)    must include the following:

                          (i)    an explanation of why the numbers are not in use;

                         (ii)    the date by which the carriage service provider expects that the numbers will be in use;

                         (iii)    the grounds on which the carriage service provider believes that the numbers will be used by the date mentioned in subparagraph (ii);

                        (iv)    evidence of the grounds mentioned in subparagraph (iii); and

                (c)    may include the following:

                          (i)    evidence that the numbers are reasonable for the carriage service provider to hold to service its on‑going business needs;

                         (ii)    evidence that the costs of withdrawal are greater than the benefits or problems to be avoided by withdrawal.

Example for subparagraph (b) (iv)

Evidence of an increase in the number of customers requesting local services for which the numbers could be used in accordance with this plan.

         (4)   The ACA must, after considering any written objection given to it by the carriage service provider in accordance with subsection (3):

                (a)    decide whether to withdraw the numbers; and

               (b)    if the ACA decides to withdraw the numbers — give written notice of the withdrawal to the carriage service provider as soon as practicable after making the decision.

         (5)   For subsection (4), the period within which the ACA must make a decision is:

                (a)    if the ACA does not receive a written objection from the carriage service provider in accordance with subsection (3) — 20 working days after the end of the objection period; or

               (b)    if the ACA receives a written objection from the carriage service provider in accordance with subsection (3) — 20 working days after receiving the objection.

         (6)   A notice under paragraph (4) (b) must include:

                (a)    a statement of reasons for the decision; and

               (b)    the date on which the numbers will be withdrawn.

         (7)   The date on which the numbers will be withdrawn must be at least 20 working days after the date of the notice under paragraph (4) (b).

Note   Under Chapter 7A, the ACA must monitor the use of geographic numbers by carriage service providers.

         (8)   In this section:

objection period means the period of 20 working days after the day when a notice mentioned in paragraph (2) (a) is given to a carriage service provider.

7.24        Withdrawal of numbers — inconsistency with conditions on issue, transfer or use

         (1)   The ACA may withdraw the numbers if they have been issued, transferred or used in a way inconsistent with conditions placed by the ACA on the allocation of the numbers.

         (2)   In deciding to withdraw the numbers, the ACA must be satisfied that the benefits or problems to be avoided by withdrawal are more significant than the technical and financial consequences of withdrawal for end‑users and carriage service providers.

         (3)   A decision to withdraw the numbers must be in writing.

         (4)   If the ACA decides to withdraw the numbers, it must give a written notice to the carriage service provider, specifying:

                (a)    the decision and reasons; and

               (b)    the date of withdrawal.

         (5)   The minimum time between giving the notice and the date of withdrawal must be the shorter of:

                (a)    the period for which the carriage service provider has had the numbers; and

               (b)    1 year.

7.24A      Cessation of business

         (1)   This section applies if:

                (a)    a carriage service provider holds numbers:

                          (i)    allocated to the provider by the ACA; or

                         (ii)    permanently transferred to the provider by another carriage service provider; and

               (b)    the ACA is satisfied that:

                          (i)    the provider has ceased its telecommunications business; and

                         (ii)    there are no proposed arrangements for the permanent transfer of the numbers held by the provider mentioned in subparagraph (i) to another carriage service provider.

         (2)   The ACA may withdraw numbers mentioned in paragraph (1) (a).

7.25        Expiry of allocation period

         (1)   If the ACA allocates a number until a specified day and does not extend the allocation, the number is withdrawn at the end of that day.

         (2)   If the ACA allocates a number until a specified day and extends the allocation to a later day, the number is withdrawn at the end of the later day.

7.26        Reservation — allocation not confirmed

         (1)   This section applies to a number that is allocated to a carriage service provider subject to a condition the number will be withdrawn after a specified time unless the provider confirms the allocation.

         (2)   The number is withdrawn at the end of the time if the provider has not confirmed the allocation.

7.27        Pooled numbers that are not issued

         (1)   This section applies to a pooled number that, immediately before the declaration that the number is in a number pool takes effect:

                (a)    was held by a carriage service provider; and

               (b)    was not issued to a customer of the provider.

Note   Declaration of a number as a pooled number may be made under section 11.10.

         (2)   The number is withdrawn when the declaration takes effect.

7.28        Telling the ACA whether pooled numbers are issued

         (1)   Not later than 5 working days before a declaration takes effect, declaring that a number is in a number pool, the carriage service provider holding the number must tell the ACA whether the number has been issued at that time.

         (2)   If the number has been issued, the carriage service provider must tell the ACA, on the day the declaration takes effect, whether the customer issued with the number has terminated the service for the number after that time.

         (3)   If the number has not been issued, the carriage service provider must tell the ACA, on the day the declaration takes effect, whether the number has been issued after that time.

7.29        Decisions on withdrawal

                Before making a decision under this Part, the ACA may consult with either or both of:

                (a)    an advisory committee; or

               (b)    the ACCC.

7.30        Register

                The designated authority must update the Register, maintained under section 465 of the Act, to reflect the withdrawal of numbers.

 

Chapter 7A  Monitoring and reporting use of geographic numbers

Part 1                 Preliminary

  

7A.1        Purpose of Chapter 7A

                This Chapter sets out rules relating to monitoring and reporting the use of geographic numbers by carriage service providers.

7A.2        Definitions for Chapter 7A

                In this Chapter:

protection area means an area in relation to which the ACA has made a decision under subsection 7A.4 (1).

watch area means an area in relation to which the ACA has made a decision under subsection 7A.4 (2).

Part 2                 Obligations of ACA

7A.3        Monitoring use of geographic numbers

                The ACA must monitor the use of geographic numbers by carriage service providers.

7A.4        Watch areas and protection areas

         (1)   If, at a particular time, the ACA believes, on reasonable grounds, that there is a significant risk that the numbers specified for use in an area will run out within the next 18 months, the ACA must decide that the area is a protection area.

         (2)   If, at a particular time, the ACA believes, on reasonable grounds, that there is a significant risk that the numbers specified for use in an area will run out within the next 3 years, the ACA must decide that the area is a watch area.

         (3)   Before making a decision under subsection (1) or (2), the ACA must consult the Numbering Advisory Committee.

         (4)   In making a decision under subsection (1) or (2), the ACA must consider:

                (a)    the views of the Numbering Advisory Committee; and

               (b)    the information obtained during monitoring.

         (5)   The ACA must publish the details of each protection area and watch area on an Internet website operated by or for the ACA.

Part 3                 Obligations of carriage service providers

7A.5        Reporting first use of numbers in protection and watch areas

         (1)   A carriage service provider that holds a block of numbers in a watch area or a protection area must give the ACA a written report when the carriage service provider first uses a number from that block of numbers.

         (2)   A report under subsection (1) must include the following details:

                (a)    the block of numbers from which the number was taken;

               (b)    the date when the block of numbers was allocated to the carriage service provider;

                (c)    the quantity of numbers from the block of numbers that are in use;

               (d)    the date when the number was first used;

                (e)    a description of how the number was first used.

Examples of a number being in use

·      The number has been issued to a customer.

·      The number is being used for network testing.

Note 1   Failure to comply with section 7A.5 may be a ground for a refusal of additional allocation under subsection 6.16 (1).

Note 2   The ACA may withdraw the numbers if it is satisfied that they will not be used within a certain time — see section 7.23.

Note 3   Under section 521 of the Act, the ACA may obtain information and documents from carriers and service providers in certain circumstances.

7A.6        Annual reporting of numbers

         (1)   A carriage service provider that holds a block of numbers in a protection area must give the ACA a written report on 1 July in each year.

         (2)   A report under subsection (1) must include, for each quantity of numbers that can be identified by reference to the smallest of the following areas in each protection area, the information mentioned in subsection (3):

                (a)    exchange service area;

               (b)    sector;

                (c)    standard zone unit.

Note   A carriage service provider’s network infrastructure will determine which of the 3 areas mentioned in subsection (2) is the smallest area for the carriage service provider. Different carriage service providers have different network infrastructure.

         (3)   For subsection (2), the information is:

                (a)    the relevant exchange service area, sector or standard zone unit; and

               (b)    the quantity of numbers held by the carriage service provider that is available for issue to end‑users in the exchange service area, sector or standard zone unit; and

                (c)    the time by which the carriage service provider believes the quantity of numbers mentioned in paragraph (b) will run out; and

               (d)    whether the carriage service provider expects that it may need to apply for further allocations of numbers during the next 12 months for use in the exchange service area, sector or standard zone unit, and if so, how many numbers the carriage service provider expects that it will need to apply for.

Note 1   Failure to comply with section 7A.6 may be a ground for a refusal of additional allocation under subsection 6.16 (1).

Note 2   The ACA may withdraw the numbers if it is satisfied that they will not be used within a certain time — see section 7.23.

Note 3   Under section 521 of the Act, the ACA may obtain information and documents from carriers and service providers in certain circumstances.

Chapter 8    Use of numbers

Part 1                 Purpose

  

8.1           Purpose of Chapter 8

         (1)   Under paragraph 455 (1) (b) of the Act, the ACA must make a plan for the use of numbers in connection with supply of carriage services in Australia.

         (2)   Under paragraph 455 (5) (e) of the Act, this plan may set out rules about the use of allocated numbers in connection with the supply of carriage services to the public in Australia (including rules about the issue of allocated numbers by carriage service providers to customers for use in connection with the supply of carriage services).

         (3)   This Chapter sets out rules for issuing and using shared numbers, emergency service numbers, local numbers and numbers in a number pool.

 

Part 2                 Rules for issuing and using shared numbers, emergency service numbers, local numbers, and numbers in a number pool

  

8.2           Purpose of Part 2

                This Part sets out rules for issuing and using shared numbers, emergency service numbers, local numbers and numbers in a number pool.

8.3           Who may use shared number on non‑selectable basis

                The only carriage service providers that may use a shared number in connection with the supply of a non‑selectable carriage service are:

                (a)    originating access carriage service providers; and

               (b)    carriage service intermediaries that have arranged for the supply of the non‑selectable carriage service by originating access carriage service providers.

Notes

1.     Carriage service intermediary see section 87 (5) of the Act.

2.     A shared number that is also a special services number in an item in Schedule 4 may only be used to supply the type of carriage service mentioned in column 2 of the item, see section 3.12.

8.4           Emergency service numbers not to be issued

                A carriage service provider must not issue an emergency service number.

8.5           Local numbers

                A carriage service provider must not issue a local number otherwise than as part of issuing a geographic number.

 

Chapter 9    Renumbering and notice of new numbers

Part 1                 Purpose

  

9.1           Purpose of Chapter 9

         (1)   Under paragraph 455 (5) (e) of the Act, this plan may set out rules about the use of allocated numbers in connection with the supply of carriage services to the public in Australia (including rules about the issue of allocated numbers by carriage service providers to customers for use in connection with the supply of carriage services).

         (2)   This Chapter sets out rules about a carriage service provider’s responsibilities when changing a number or issuing a new number.

Note   Under section 87 of the Act, a carriage service intermediary described in the section is a kind of carriage service provider.

 

Information about renumbering

Numbering policy requires changes to geographic numbers and some special services numbers. The Schedules to this plan include details of the changes, with dates for implementation.

The rules in Chapter 9 are intended to ensure that customers experience minimum disruption while a number is being changed, or a new number is being issued, under these arrangements.

The rules include:

·         an obligation on carriage service providers to give reasonable notice to customers in advance of changing numbers

·         an obligation on carriage service providers to ensure that calls can be made to ‘old’ and ‘new’ numbers for a reasonable period before the old numbers can no longer be used

·         arrangements for customers to receive an explanatory message if they dial an old number after it has been changed.

 

 

Part 2                 Rules for renumbering of telephone numbers

Division 1              Purpose

9.2           Purpose of Part 2

                This Part sets out rules about the renumbering of geographic and certain special services numbers, and changes to the form of numbers.

Division 2              Renumbering of geographic numbers

9.3           Purpose of Division 2

                This Division sets out rules for renumbering certain geographic numbers.

Note   After the completion of these changes, all geographic numbers will have a 2‑digit area code and an 8‑digit local number.

9.5           Routing to geographic numbers with new prefix

                A carriage service provider that routes calls to a geographic number with an old prefix must route calls to the number with its new prefix on and after the start date for the new prefix specified by the ACA.

9.6           Availability of changed number

         (1)   This section applies to a carriage service provider (other than a carriage service intermediary) that supplies a carriage service in connection with which a geographic number is used.

         (2)   The carriage service provider must make the number, with its new prefix, available for use starting on the start date for the new prefix specified by the ACA.

         (3)   However, the carriage service provider may make the number, with its new prefix, available for use before the start date for the new prefix.

         (4)   The carriage service provider must ensure that a geographic number can be dialled for the same purpose, using the old or new prefix, for at least 6 months after the start date for the new prefix.

9.7           Advice about changed numbers

         (1)   Subsections (2) and (3) apply to:

                (a)    a carriage service provider that is a carriage service intermediary holding a geographic number; or

               (b)    if there is no carriage service intermediary — another carriage service provider that supplies a carriage service in connection with which the geographic number is used.

         (2)   At least 1 year before the start date for the new prefix specified by the ACA, the carriage service provider must take reasonable steps to tell a customer issued with a geographic number affected by the change that the change will happen.

         (3)   However, the carriage service provider may tell the customer about the change less than 1 year before the start date for the new prefix if the customer is issued with the number less than 1 year before that date.

         (4)   Subsection (5) applies to the carriage service provider that supplies the carriage service in connection with which the geographic number is used, whether or not a carriage service intermediary holds the geographic number.

         (5)   Calls to a geographic number with the old prefix must be directed by the carriage service provider to an explanatory message, containing information that a change of number has happened, between:

                (a)    the day specified by the ACA for the start of the message; and

               (b)    the day specified by the ACA for the end of the message.

Note   The explanatory message could be a recorded message.

9.8           Availability of local number dialling

         (1)   This section applies to a call between 2 locations that:

                (a)    have the same area code mentioned at the beginning of the new prefix; and

               (b)    had different area codes immediately before renumbering arrangements commenced.

         (2)   The carriage service provider must ensure that the call can be made, without dialling the area code, by no later than the date for availability of local number dialling specified by the ACA.

Division 3              Renumbering of special services numbers

9.9           Purpose of Division 3

                This Division sets out rules for renumbering certain special services numbers.

9.11        Routing to special services numbers with new prefix

                A carriage service provider that routes calls to a special services number with an old prefix must route calls to the number with its new prefix on and after the date for start of the new prefix specified by the ACA.

9.12        Availability of changed number

         (1)   This section applies to a carriage service provider (other than a carriage service intermediary) that supplies a carriage service in connection with which a special services number is used.

         (2)   The carriage service provider must make the number, with its new prefix, available for use on and after the start date for the new prefix specified by the ACA.

         (3)   The carriage service provider must ensure that a number can be dialled for the same purpose, using the old or new prefix, for at least 1 year after the start date for the new prefix specified by the ACA.

9.13        Advice about changed numbers

         (1)   Subsection (2) applies to:

                (a)    a carriage service provider that is a carriage service intermediary holding a special services number; or

               (b)    if there is no carriage service intermediary — another carriage service provider that supplies a carriage service in connection with which the special services number is used.

         (2)   At least 1 year before the start date for the new prefix specified by the ACA, the carriage service provider must take reasonable steps to tell a customer issued with a special services number affected by the change in the prefix that the change will happen.

         (3)   However, the carriage service provider may tell the customer about the change less than 1 year before the start date for the new prefix if the customer is issued with the number less than 1 year before that date.

         (4)   Subsection (5) applies to the carriage service provider that supplies the carriage service in connection with which the special services number is used, whether or not a carriage service intermediary holds the special services number.

         (5)   Calls to a special services number with the old prefix must be directed by the carriage service provider to an explanatory message, containing information that a change of number has happened or that a number is no longer available, between:

                (a)    the day specified by the ACA for the start of the message; and

               (b)    the day specified by the ACA for the end of the message.

Note   The explanatory message could be a recorded message.

 

Chapter 10  Carriage service provider’s obligations to customers about use of numbers

Part 1                 Purpose

  

10.1        Purpose of Chapter 10

         (1)   Under paragraph 455 (5) (e) of the Act, this plan may set out rules about the use of allocated numbers in connection with the supply of carriage services to the public in Australia (including rules about the issue of allocated numbers by carriage service providers to customers for use in connection with the supply of carriage services).

         (2)   This Chapter sets out rules for the terms and conditions on which customers and carriage service providers may use numbers.

         (3)   The Chapter also sets out the obligations of a carriage service provider if a carriage service provider recovers a number issued to a customer.

         (4)   The rules are based on the following principles:

                (a)    telephone numbers are a national resource, and not owned by a person to whom they are allocated or issued;

               (b)    a customer to whom a telephone number has been legitimately issued may enjoy the beneficial use of the number, freely and without hindrance;

                (c)    a customer to whom a telephone number has been legitimately issued is entitled to continued use of the number while an appropriate service is provided using the number.

Part 2                 Who is a customer

10.2        Who is a customer

                For this Chapter, a customer is a person (other than a carriage service intermediary) to whom a carriage service provider issues a number.

Part 3                 Carriage service provider’s obligations: recovering and replacing numbers

  

 

Information about Part 3

This Part limits the circumstances in which a carriage service provider can recover and replace a number issued to a customer.

10.3        Application of Part 3

                This Part ceases to apply for a carriage service provider when the ACA registers an industry code in the Register of Industry Codes, kept under section 136 of the Act, that:

                (a)    sets out procedures that, in the ACA’s opinion, have substantially the same effect as procedures mentioned in this Part dealing with recovery and replacement of numbers and with notification of changes; and

               (b)    applies to the carriage service provider.

10.4        Carriage service provider must not recover and replace numbers

         (1)   A carriage service provider must not recover and then replace a number issued to a customer unless subsection (2), (3), (4) or (5) applies.

         (2)   The carriage service provider may recover and replace the number if this plan requires the recovery and replacement of the number.

         (3)   The carriage service provider may recover and replace the number if the customer, in writing, asks for, or agrees to, the recovery and replacement of the number.

         (4)   The carriage service provider may recover and replace the number if it would avoid modifying or replacing plant or equipment in a way that would:

                (a)    have significant technical and financial consequences for the carriage service provider or customers; or

               (b)    cause significant difficulties for the customer.

         (5)   The carriage service provider may apply, in writing and giving reasons for the application, to the ACA to recover and replace the number.

10.5        Deciding the application

         (1)   The ACA must consider any matters it considers relevant when deciding the application.

         (2)   The ACA must decide the application within 65 working days of receiving it.

         (3)   The 65 working days do not include a period:

                (a)    starting when the ACA asks the applicant for further information to allow it to consider the application; and

               (b)    ending when it receives information.

10.6        ACA may ask for further information

                The ACA may ask an applicant, in writing, to give it further information on matters mentioned in the application to enable it to decide the application.

10.7        ACA may ask for advice from advisory committee or ACCC

                In deciding whether to grant the application, the ACA may consider a recommendation of its advisory committee or of the ACCC.

10.8        Carriage service provider must tell customer about recovery and replacement

                A carriage service provider wishing to recover and replace a customer’s number must tell the customer that the provider wishes to change the number.

10.9        Notification period

         (1)   The period of notice for recovering and replacing a number must be the shorter of:

                (a)    the time for which the customer has had the number; and

               (b)    1 year.

         (2)   However, the period of notice may be a reasonable period, shorter than the period mentioned in subsection (1), if subsection (3), (4) or (5) applies.

         (3)   The period may be shorter if the customer asks for the number to be recovered.

         (4)   The period may be shorter if the customer was told of the proposed recovery when the number was issued to the customer.

         (5)   The period may be shorter if the customer has not used the number for a continuous period, ending immediately before notification, that is at least as long as the period of notice under subsection (1).

 

Part 4                 Carriage service provider’s obligations: recovering numbers without replacing them

  

 

Information about Part 4

This Part sets out the circumstances in which a carriage service provider can recover (without replacement) a number issued to a customer.

This Part also sets out the obligations imposed on a carriage service provider that issues a recovered number to a new customer.

10.10      Application of Part 4

                This Part ceases to apply for a carriage service provider when the ACA registers an industry code in the Register of Industry Codes, kept under section 136 of the Act, that:

                (a)    sets out procedures that, in the ACA’s opinion, have substantially the same effect as procedures mentioned in this Part dealing with recovery (without replacement) of numbers; and

               (b)    that applies to the carriage service provider.

10.11      Carriage service provider must not recover numbers without replacing them

         (1)   A carriage service provider must not recover a number issued to a customer (without replacement) unless an event mentioned in this section happens.

         (2)   The carriage service provider may recover the number (without replacement) if the customer, in writing, asks for, or agrees to, the recovery of the number.

         (3)   The carriage service provider may recover the number (without replacement) if the customer and the carriage service provider agree, in writing, to transfer the number to another customer.

         (4)   The carriage service provider may recover the number (without replacement) if the customer asks the carriage service provider, in writing, to transfer the number to another customer.

         (5)   Subsections (3) and (4) do not require the carriage service provider to transfer the number to another customer.

Note   It is in customers’ interests to make arrangements with their carriage service provider before asking that a number be transferred to another customer.

         (6)   The carriage service provider may recover the number (without replacement) if the carriage service provider ceases to offer:

                (a)    the kind of carriage service associated with the number; or

               (b)    the kind of carriage service to customers in the same location as the customer.

         (7)   The carriage service provider may recover the number (without replacement) if the customer does not subscribe, within a reasonable time, to the carriage service for which the number was issued.

         (8)   The carriage service provider must recover the number (without replacement) if the ACA directs the carriage service provider to recover the number.

Note   The ACA may give written directions to a carriage service provider: see section 581 of the Act.

         (9)   The carriage service provider may recover the number (without replacement) if the supply of the carriage service to the customer is terminated, but not because of an event mentioned in another subsection.

       (10)   The carriage service provider may recover the number (without replacement) if:

                (a)    it was issued on a temporary basis; and

               (b)    a condition of issue was that the number would be recovered on or by a specified date.

10.12      Carriage service provider’s obligations if issuing recovered number to another customer

         (1)   This section applies if a customer asks for, or agrees to be issued with, a number that has been recovered from another customer (the previous customer) by a carriage service provider.

         (2)   If the number was recovered from the previous customer because of nuisance calls, a carriage service provider must not issue the number to another customer for at least 1 year after the number was recovered.

         (3)   In any other case, a carriage service provider must not issue the number to another customer for at least 6 months after the number was recovered.

         (4)   However, a carriage service provider may issue the number to another customer after a shorter period if:

                (a)    the number was recovered for a reason other than nuisance calls; and

               (b)    subsection (5), (6), (7) or (8) applies.

         (5)   The carriage service provider may issue the number after a shorter period if:

                (a)    the carriage service provider has no other suitable numbers for issue; and

               (b)    the customer to whom the number would be issued agrees to have the number.

         (6)   The carriage service provider may issue the number after a shorter period if:

                (a)    a customer moves into premises at which calls to a given geographic number previously terminated; and

               (b)    the customer does not ask for an equivalent new number when the service is established.

         (7)   The carriage service provider may issue the number after a shorter period if:

                (a)    the number was issued for a business that is still operating; and

               (b)    the ownership of the business has changed.

         (8)   The carriage service provider may issue the number after a shorter period if:

                (a)    the number is to be moved from a customer to another customer; and

               (b)    the new customer and the carriage service provider agree to the issue.

Example of moving a number

A company’s mobile phone number no longer needed by the company may be moved ‘intact’ to a staff member or other person.

 

Part 5                 Publicising carriage service provider’s obligations

  

10.13      Application of Part 5

                This Part ceases to apply for a carriage service provider when the ACA registers an industry code in the Register of Industry Codes, kept under section 136 of the Act, that:

                (a)    sets out procedures that, in the ACA’s opinion, have substantially the same effect as procedures mentioned in this Part dealing with publicising carriage service provider’s obligations; and

               (b)    that applies to the carriage service provider.

10.14      Publicising carriage service provider’s obligations

         (1)   If a carriage service provider issues a number to a customer, the provider must tell the customer, in writing, within 6 months:

                (a)    that the carriage service provider has obligations to the customer in relation to that number; and

               (b)    that the customer can obtain information about the obligations; and

                (c)    how to obtain the information.

         (2)   However, the carriage service provider is not required to tell the customer about the matters mentioned in subsection (1) if:

                (a)    the number issued is additional to numbers previously issued to the customer by the provider; and

               (b)    the carriage service provider’s obligations in relation to the number issued do not differ from the obligations applicable when the provider last issued a number to the customer.

         (3)   The information given to a customer under paragraph (1) (b):

                (a)    must explain the carriage service provider’s obligations mentioned in this Chapter; and

               (b)    may include details of other conditions imposed by the carriage service provider on using numbers issued by the provider.

         (4)   The carriage service provider must also set out the information in any telephone directory published by the provider.

 

Part 6                 Use of numbers not to be subject to certain conditions

  

10.15      Application of Part 6

                This Part ceases to apply for a carriage service provider when the ACA registers an industry code in the Register of Industry Codes, kept under section 136 of the Act, that:

                (a)    sets out procedures that, in the ACA’s opinion, have substantially the same effect as the procedures mentioned in this Part dealing with the conditions to which the use of numbers must not be subject; and

               (b)    that applies to the carriage service provider.

10.16      Use of numbers not to be subject to certain conditions

                A carriage service provider must not make the use of a number by a customer subject to any of the following conditions:

                (a)    that the customer must discharge a debt owed to the carriage service provider by a customer who was previously issued the number, and for whose debts the present customer is not liable;

               (b)    that the customer must not request the transfer of the number to another carriage service provider;

                (c)    that the customer must not change carriage service providers.

 

Part 7                 Exemptions

  

 

Information about Part 7

This Part sets out circumstances in which a carriage service provider can apply to the ACA for an exemption from obligations set out in this Chapter.

10.17      Carriage service provider may ask for exemption

         (1)   A carriage service provider may, in writing, ask the ACA to grant an exemption from complying with an obligation in this Chapter.

         (2)   The ACA may exempt the carriage service provider from complying with an obligation:

                (a)    for all customers; or

               (b)    for a class of customers.

10.18      Deciding an application for exemption

         (1)   The ACA must consider any matters it considers relevant when deciding the application.

         (2)   The ACA must decide the application within 65 working days of receiving it.

         (3)   The 65 working days do not include a period:

                (a)    starting when the ACA asks the applicant for further information to allow it to consider the application ; and

               (b)    ending when it receives information.

10.19      ACA may ask for further information

                The ACA may ask an applicant, in writing, to give it further information on matters mentioned in the application to enable it to the application.

10.20      ACA may ask for advice from advisory committee or ACCC

                In deciding whether to grant the application, the ACA may consider any recommendation of its advisory committee or of the ACCC.

 

Chapter 11  Number portability

 

Information about Chapter 11

This Chapter consists of the following Parts:

·         Part 1 — Preliminary

·         Part 2 — Providing portability

·         Part 3 — Providing equivalent service to ported numbers

·         Part 4 — Rules for routing to portable numbers

·         Part 5 — Cancellation of service

·         Part 6 — Exemptions from obligations

·         Part 7 — Management of portable numbers, and reporting

 

Part 1                 Preliminary

  

11.1        Purpose of Chapter 11

         (1)   Under paragraph 455 (5) (d) of the Act, this plan may set out rules about portability of allocated numbers (including rules about the maintenance of, and access to, databases that facilitate portability).

         (2)   Under subsection 458 (1) of the Act, the ACA must not make a numbering plan that sets out rules about portability of allocated numbers unless the ACA is directed to do so by the ACCC under subsection 458 (2).

         (3)   Under subsection 458 (4) of the Act, the ACA must exercise its powers under section 455 of the Act in a manner consistent with any directions given by the ACCC under subsection (2).

         (4)   The ACCC has directed the ACA to make a numbering plan setting out rules about portability of allocated numbers in written directions dated 22 September 1997 and 15 November 2000.

         (5)   This Chapter sets out rules for portability of allocated numbers.

11.2        Definitions

equivalent service see section 11.10.

implementation date:

                (a)    for a portable service — see section 11.5; and

               (b)    for a portable number or a ported number — means the implementation date for the portable service for which the number is used.

new provider or carrier see paragraph 11.3 (1) (c).

non‑ported number means a portable number that has not been ported.

number portability means the right of a customer receiving a service in relation to a number within particular number ranges to change either the carriage service provider involved in providing the service, the carrier network involved in providing the service, or both, and retain the same telephone number.

port see paragraph 11.3 (1) (a).

portable number means an allocated number that is used in connection with the supply of a portable service.

portable service see section 11.4.

ported number means a portable number that has been ported.

relevant mobile service means public mobile telecommunications service other than:

                (a)    an analogue AMPS service; or

               (b)    a satellite telephone service for which this plan specifies a distinct satellite number.

11.3        Porting

         (1)   For this Chapter:

                (a)    an allocated number issued to a customer for a portable service is ported if either the carriage service provider involved in providing the service, the carrier network involved in providing the service, or both, are changed while the customer continues to receive a service of that kind using the number; and

               (b)    each of:

                          (i)    the carriage service provider involved in providing the service before the number is ported; and

                         (ii)    the carrier involved in providing the service before the number is ported;

                        is the customer’s old provider or carrier in relation to the number; and

                (c)    each of:

                          (i)    the carriage service provider involved in providing the service after the number is ported; and

                         (ii)    the carrier involved in providing the service after the number is ported;

                        is the customer’s new provider or carrier in relation to the number; and

               (d)    the old provider or carrier ports the number if it does everything that is necessary on its part to ensure that the new provider or carrier is able to do its part in providing the service to the customer.

         (2)   For paragraph (1) (d):

                (a)    the ACA may, at its discretion, determine what is necessary in a particular case, or in a class of cases; and

               (b)    a carriage service provider or carrier may request the ACA to exercise its discretion under paragraph (a).

11.4        Portable services

         (1)   The following are portable services for this plan:

                (a)    a local service, provided using numbers specified in Schedules 2 and 3;

               (b)    a freephone service, provided using numbers specified in Schedule 4A;

                (c)    a local rate service, provided using numbers specified in Schedule 4B;

               (d)    a relevant mobile service, provided using numbers specified in Schedule 4 for use in conjunction with a digital mobile service.

         (2)   A paging service is not a portable service for this plan.

11.5        Implementation dates for number portability

         (1)   The ACA may determine the date (the implementation date) by which a carrier or carriage service provider must implement number portability for portable services in relation to 1 or more customers.

         (2)   In making a determination under subsection (1), the ACA must have regard to the following matters:

                (a)    the network capacity of the carrier or carriage service provider;

               (b)    the support systems available to the carrier or carriage service provider;

                (c)    other matters that are relevant to giving effect to number portability.

Note   The following implementation dates for the portable services shown were specified under earlier versions of this section:

(a)   for a local service — 1 January 2000;

(b)   for a freephone service — 16 November 2000;

(c)   for a local rate service — 16 November 2000;

(d)   for a relevant mobile service — 25 September 2001.

11.6        Public notice period for implementation date

         (1)   At least 44 working days before an implementation date, the ACA must cause to be published, in a newspaper circulating in each State, a notice stating the date and the portable services to which the date applies.

         (2)   In this section, State includes the Northern Territory and the Australian Capital Territory.

11.7        Application of Chapter 11 to carriage service providers and carriers

                The obligations under this Chapter on a carriage service provider or carrier in relation to a portable number apply on and after the implementation date for the portable service to which the number relates.

Note   See section 11.5 for implementation dates.

`

 

 

Part 2                 Providing portability

 

Information about Part 2

Part 2 sets out rules about the portability of allocated numbers. It sets out procedures which carriage service providers and carriers must follow to ensure that customers receive number portability.

This Part also includes provisions about when number portability must be provided.

11.8        Technical capability and technology

                A carriage service provider or carrier that is involved in providing a portable service must ensure that, from the implementation date:

                (a)    it has the technical capability required to provide number portability for the portable service; and

               (b)    it has technology available for use within its network to provide number portability in a way that provides equivalent service and enables end‑to‑end connectivity.

Note   The ACA may grant exemptions from this obligation under section 11.18.

11.9        Carriage service providers and carriers must provide number portability to customers

         (1)   A carriage service provider or carrier that is involved in providing a customer with the carriage service in relation to a portable number must provide number portability to the customer in relation to the number.

         (2)   The carriage service provider or carrier must port the number to a new provider or carrier if:

                (a)    the customer asks the carriage service provider for this to be done; or

               (b)    the new provider or carrier, at the customer’s request, asks the carriage service provider or carrier for this to be done.

         (3)   The carriage service provider or carrier, when asked to port the number, must:

                (a)    port it to the new provider or carrier as soon as practicable, or at a time agreed with the customer or the new provider or carrier; and

               (b)    ensure that no action or inaction on its part prevents the customer from keeping the same portable number when changing to the new provider or carrier.

         (4)   For paragraph (3) (a):

                (a)    the ACA may, at its discretion, determine the time that is practicable in a particular case, or in a class of cases; and

               (b)    a carriage service provider or carrier may request the ACA to exercise its discretion under paragraph (a).

         (5)   In making a determination under subsection (4), the ACA must have regard to the following matters:

                (a)    the network capacity of the carriage service providers and carriers concerned;

               (b)    the support systems available to the carriage service providers and carriers concerned;

                (c)    any other matters relevant to providing number portability.

         (6)   If:

                (a)    the ACA has registered an industry code, in the Register of Industry Codes kept under section 136 of the Act, that:

                          (i)    includes a provision dealing with the period within which a port must be made (the code provision); and

                         (ii)    applies to a carriage service provider or carrier asked to port a number; and

               (b)    there is no determination under paragraph 4 (a) that applies to the request;

the carriage service provider or carrier is taken to comply with paragraph 3 (a) if it complies with the code provision.

Part 3                 Providing equivalent service to ported numbers

 

Information about Part 3

Part 3 sets out rules to ensure that a customer using or calling a ported number receives a service that is equivalent to the service provided by the customer’s new carriage service provider to non‑ported numbers.

11.10      Meaning of equivalent service

                A carriage service provided by a carriage service provider in relation to a ported number is an equivalent service only if any differences, in quality, reliability, services or features, between it and a carriage service that it provides in relation to a non‑ported number:

                (a)    will not be apparent to a customer; or

               (b)    if they are apparent to a customer — will not affect the customer’s choice of carriage service provider.

11.11      Obligation to ensure that an equivalent service is provided

         (1)   A carriage service provided by a carriage service provider to its customers who use ported numbers must be an equivalent service, to the extent that it is within the control of the carriage service provider.

         (2)   If a carriage service provider or carrier is involved in routing a call to or from a ported number, it must, to the extent that it is within its control, ensure that:

                (a)    no action or inaction by the carriage service provider or carrier prevents the customer’s new carriage service provider from providing an equivalent service in relation to the ported number; and

               (b)    no action or inaction by the carriage service provider or carrier prevents a customer, when using or calling the ported number, from receiving a carriage service that is an equivalent service.

Note   A carriage service provider or carrier may be involved in routing a call to or from a ported number if it:

(a)   is a donor party, a losing party or gaining party; or

(b)   provides:

                            (i)      originating access for calls to or from the number; or

                           (ii)      transit service delivery for calls to or from the number; or

                          (iii)      terminating access for calls to or from the number.

         (3)   In determining whether a carriage service is an equivalent service, the ACA may have regard to the following matters:

                (a)    any relevant criteria that have been specified by the ACA for the purpose of identifying an equivalent service;

               (b)    the network capacity of the carriage service providers and carriers concerned;

                (c)    the support systems available to carriers and carriage service providers;

               (d)    any other matters the ACA considers relevant to providing number portability.

Part 4                 Rules for routing to portable numbers

  

 

Information about Part 4

This Part sets out obligations, imposed on carriage service providers and carriers, about routing calls to portable numbers. The object of these obligations is to achieve any‑to‑any connectivity for customers using the numbers; in particular, to enable calls to portable numbers to be completed successfully and efficiently.

11.12      Purpose of Part 4

                This Part sets out rules and arrangements about routing of calls to portable numbers on and after the implementation dates for the numbers, by establishing the principal responsibilities of carriage service providers and carriers responsible for routing calls.

 

Role of carriage service providers and carriers

Routing telephone calls over a public telecommunications network operated by a carrier may put a carriage service provider or carrier in any of the following roles:

·         providing originating access

·         providing transit service delivery

·         providing terminating access.

 

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.

 

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.

 

 

 

Part 5                 Cancellation of service

  

 

Information about Part 5

This Part sets out obligations on carriage service providers when a customer cancels a carriage service in connection with which a portable number has been ported.

11.15      Cancellation of service to a ported number

         (1)   This section applies if:

                (a)    a number was ported from one carriage service provider to another; and

               (b)    after the implementation date for the number, the customer cancels the service to which the ported number relates.

         (2)   The carriage service provider to which the number was ported must:

                (a)    if the number is a freephone number or a local rate number — surrender the number to the ACA; or

               (b)    in any other case — notify each relevant carriage service provider and carrier of:

                          (i)    the holder of the number; and

                         (ii)    the carrier nominated by the holder of the number as the carrier that will terminate calls to that number.

         (3)   If paragraph (2) (b) applies, the number is taken also to have been ported to that carriage service provider.

Note   In the industry, the notification is called a port give back.

Part 6                 Exemptions from obligations

  

 

Information about Part 6

This Part allows a carriage service provider or carrier to apply to the ACA for an exemption from the obligations in this Chapter and sets out procedures that the ACA must follow in deciding whether or not to grant an exemption.

11.16      Purpose of Part 6

                This Part empowers the ACA to grant exemptions to carriage service providers or carriers from requirements in this Chapter about portability.

11.17      Applications for exemptions

         (1)   A carriage service provider or carrier that expects not to be able to meet its obligations under this Chapter relating to portable numbers or number portability may apply to the ACA, in writing, for an exemption from the obligations.

         (2)   The application must include a statement of:

                (a)    the period for which the applicant would like the exemption to be granted; and

               (b)    the obligations under this Chapter for which the applicant would like the exemption to be granted.

         (3)   The application must also include reasons (supported by documented evidence, if practicable) why the applicant is unable to meet its obligations by the action date.

         (4)   The application must also include a detailed statement of the actions the applicant took to try to meet its obligations by the action date.

         (5)   The application must also include the exchanges or geographic areas for which the exemption is requested (if applicable).

         (6)   The application must also include the time by which the applicant believes it can complete any network or other requirements to meet its obligations, including a list of proposed key dates before that time.

11.17A   Consultation with ACCC

         (1)   If the ACA receives an application under section 11.17, the ACA must decide, not later than 5 working days after receiving the application, whether to consult the ACCC in relation to whether or not it would be in the long‑term interests of end‑users to grant the application.

         (2)   If the ACA decides to consult the ACCC, the ACA must give the ACCC a copy of the application not later than 5 working days after receiving it.

11.17B   Request for further information

         (1)   The ACA may request further information from an applicant at any time.

         (2)   If the ACA decides to consult the ACCC under section 11.17A, the ACA must consult the ACCC before requesting further information from an applicant.

         (3)   The ACA may:

                (a)    nominate a date by which the information it requests must be provided; and

               (b)    extend a nominated date at any time.

         (4)   If the ACA nominates a date for subsection (3):

                (a)    the ACA is not required to consider information that is provided after that date; and

               (b)    the application lapses if the applicant fails to provide the requested information by that date.

11.18      ACA may grant exemptions

         (1)   The ACA may, in writing, grant exemptions for a carriage service provider, a carrier, or for classes of carriage service providers or carriers, from:

                (a)    a requirement in this Chapter to provide number portability; or

               (b)    any other requirement in this Chapter about portable numbers.

         (2)   An exemption may apply:

                (a)    for a specified period; or

               (b)    for specified purposes; or

                (c)    for a specified customer or class of customers; or

               (d)    subject to specified conditions.

Examples of types of exemptions

1   An exemption from providing number portability for numbers used in connection with the supply of carriage services mentioned in the exemption.

2   An exemption from providing number portability for particular allocated numbers mentioned in the exemption.

3   An exemption from providing number portability to a particular portable service.

4   An exemption from providing number portability in relation to customers of carriage service providers mentioned in the exemption.

5   An exemption about equivalent services to be supplied for a portable number after it is transferred.

6   An exemption about equivalent services to be provided to the customers of each other carriage service provider using ported and non‑ported numbers.

11.19      Deciding an application for exemption

         (1)   The ACA must decide an application for exemption within 65 working days of receiving it.

         (2)   The 65 working days does not include the period:

                (a)    starting when the ACA asks the applicant for further information to allow it to consider the application; and

               (b)    ending when it receives the information.

         (3)   The ACA must have regard to the following matters in considering the application:

                (a)    the network capacity of a carriage service provider or carrier (which does not have to be the carriage service provider or carrier that made the application);

               (b)    the support systems available to a carriage service provider or carrier (which does not have to be the carriage service provider or carrier that made the application);

                (c)    other matters that the ACA considers are relevant to providing number portability.

         (4)   If the ACA consulted the ACCC, the ACA must also:

                (a)    have regard to the ACCC’s comments on the long‑term interests of end‑users; and

               (b)    give the ACCC all relevant information, documents and records in relation to the application.

         (5)   The ACA must approve an exemption from a requirement if satisfied that it is not practicable for the applicant to meet the requirement.

         (6)   The ACA may approve an exemption if satisfied that it would be in the long‑term interests of end‑users to grant the exemption.

         (7)   The ACA must not approve an exemption in any other circumstances.

         (8)   An approval must:

                (a)    be in writing; and

               (b)    describe each obligation from which the applicant is exempted; and

                (c)    include any conditions to which the approval is subject.

11.20      Compliance with the Chapter after applying for an exemption

                If a carriage service provider or carrier applies to the ACA for an exemption, the applicant does not have to comply with the requirements of this Chapter for which exemption is sought until the ACA tells the carriage service provider of its decision on the application.

Note   Paragraph 11.17B (4) (b) provides that an application will lapse if the applicant fails to provide information requested by the ACA by the date nominated by the ACA.

11.21      Notice of decision about exemption

         (1)   If the ACA decides to grant the exemption, it must, as soon as practicable, cause to be published in a newspaper circulating in each State and Territory, a notice stating:

                (a)    that the ACA has made a decision on an application for an exemption; and

               (b)    how a copy of the text of the decision can be obtained.

         (2)   If the ACA decides to grant the exemption, it must give a copy of the exemption to any person whom the ACA believes may have an interest in the decision.

 

Part 7                 Management of portable numbers, and reporting

Division 1              Registers of portable numbers

11.22      Carriage service provider’s register of portable numbers

         (1)   A carriage service provider must make and keep a register of the portable numbers allocated to it that have been ported.

         (2)   For each number that has been ported the register must identify the carriage service provider to which it has been ported.

         (3)   The carriage service provider must make the register available for inspection by:

                (a)    other carriage service providers and carriers; and

               (b)    the ACA.

         (4)   The carriage service provider may enter into an agreement or other arrangement with other carriage service providers or carriers to make and keep the register.

11.23      Keeping the register up to date

         (1)   The register must be updated at least once during each business day.

         (2)   Subsection (1) ceases to apply for a carriage service provider when the ACA registers an industry code, in the Register of Industry Codes kept under section 136 of the Act, that:

                (a)    in the ACA’s opinion, has substantially the same effect as that subsection; and

               (b)    applies to the carriage service provider.

Division 2              Management of number portability

11.25      Progress reports about number portability

         (1)   The ACA must, every 6 months after specifying an implementation date for a portable service, report to the ACCC under this section.

         (2)   Before the implementation date, the ACA must report on the progress of carriage service providers and carriers towards implementing number portability by the implementation date.

         (3)   After the implementation date, the ACA must report on the provision of number portability by carriage service providers and carriers under this Chapter.

         (4)   To avoid doubt, an implementation date mentioned in subsection 11.5 (2) was specified for the purposes of subsection (1) when it was fixed under section 11.6 as in force before the commencement of the Telecommunications Numbering Plan Amendment 2001 (No. 2).

11.26      Reports about failure to provide number portability

                The ACA must tell the ACCC, in writing, about a carriage service provider or carrier that does not provide number portability in accordance with this plan.

Division 3              Reports about digital mobile phone numbers

11.27      Definitions for Division 3

                In this Division:

allocated prefix means a class of numbers that the ACA has allocated for a digital mobile service.

annual numbering charge means charge imposed under Part 3 of the Telecommunications (Numbering Charges) Act 1997.

permanently transferred prefix means a class of numbers that a carriage service provider has transferred to another carriage service provider:

                (a)    in accordance with subsection 5A (2) of the Telecommunications (Numbering Charges) Act 1997; and

               (b)    to be used for digital mobile services on the other carriage service provider’s network.

Type 1 holder means a carrier:

                (a)    that is a carriage service provider that holds, on a day, a number to which an allocated prefix or a permanently transferred prefix relates; and

               (b)    that:

                          (i)    if annual numbering charge is imposed on the number on that day — is liable to pay annual numbering charge on the number; or

                         (ii)    if annual numbering charge is not imposed on the number on that day — would be liable to pay annual numbering charge on the number if that charge were imposed on that day.

Note   Annual numbering charge for certain numbers is imposed on a day worked out in accordance with the Telecommunications (Numbering Charges) Act 1997. A carriage service provider that holds a number on a particular day is the provider that would be liable to pay numbering charge if the charge were imposed on that day.

Type 1 report means a report mentioned in subsection 11.28 (1).

Type 2 report means a report mentioned in subsection 11.29 (1).

11.28      Type 1 report

         (1)   The ACA must, in writing, approve the form and content of a report (a Type 1 report) to be prepared by a carrier that is:

                (a)    a carrier in relation to a relevant mobile service; and

               (b)    a carriage service provider to which:

                          (i)    the ACA has allocated an allocated prefix; or

                         (ii)    another carriage service provider has transferred a permanently transferred prefix.

         (2)   A Type 1 report must identify:

                (a)    the carrier mentioned in subsection (1); and

               (b)    the allocated prefix or permanently transferred prefix; and

                (c)    each Type 1 holder in relation to the allocated prefix or permanently transferred prefix; and

               (d)    how many numbers the Type 1 holder holds in relation to the allocated prefix or permanently transferred prefix.

         (3)   A Type 1 report must state that the carrier preparing the report is not required:

                (a)    to identify itself when providing information for paragraph (2) (c); and

               (b)    to identify how many numbers it holds when providing information for paragraph (2) (d).

         (4)   A Type 1 report may deal with other matters relating to the purposes mentioned in subsection 11.32 (1).

         (5)   The ACA must, in writing, approve 1 or more ways in which a Type 1 report is to be given to the ACA.

11.29      Type 2 report

         (1)   The ACA must, in writing, approve the form and content of a report (a Type 2 report) to be prepared by a carriage service provider that:

                (a)    is a Type 1 holder that has been identified in a Type 1 report; and

               (b)    is a carrier whose network is used by 1 or more other carriage service providers to supply a digital mobile service; and

                (c)    has transferred a number to which an allocated prefix or permanently transferred prefix relates to another carriage service provider, in accordance with subsection 5A (2) of the Telecommunications (Numbering Charges) Act 1997, for use on the Type 1 holder’s network to supply a digital mobile service.

         (2)   A Type 2 report must identify:

                (a)    the carrier mentioned in subsection (1); and

               (b)    each carriage service provider:

                          (i)    that supplies a digital mobile service using the Type 1 holder’s network; and

                         (ii)    that holds a number, in relation to the digital mobile service, to which an allocated prefix or permanently transferred prefix relates; and

                         (iii)    that:

                                   (A)     if annual numbering charge is imposed on the number on that day — is liable to pay annual numbering charge on the number; or

                                   (B)     if annual numbering charge is not imposed on the number on that day — would be liable to pay annual numbering charge on the number if that charge were imposed on that day; and

                (c)    how many of those numbers the carriage service provider mentioned in paragraph (b) holds.

         (3)   A Type 2 report must state that the carriage service provider preparing the report is not required:

                (a)    to identify itself when providing information for paragraph (2) (b); and

               (b)    to identify how many numbers it holds when providing information for paragraph (2) (c).

Note   Annual numbering charge for certain numbers is imposed on a day worked out in accordance with the Telecommunications (Numbering Charges) Act 1997. A carriage service provider that holds a number on a particular day is the provider that would be liable to pay numbering charge if the charge were imposed on that day.

         (4)   A Type 2 report may deal with other matters relating to the purposes mentioned in subsection 11.32 (1).

         (5)   The ACA must, in writing, approve 1 or more ways in which a Type 2 report is to be given to the ACA.

11.30      Compulsory Type 1 or Type 2 report

         (1)   A carriage service provider to which subsection 11.28 (1) applies must give to the ACA a Type 1 report within 10 working days after the day determined under subsection 18 (2) of the Telecommunications (Numbering Charges) Act 1997.

         (2)   A carriage service provider to which subsection 11.29 (1) applies must give to the ACA a Type 2 report within 10 working days after the day determined under subsection 18 (2) of the Telecommunications (Numbering Charges) Act 1997.

         (3)   The carriage service provider must:

                (a)    prepare the report using the approved form; and

               (b)    give the report to the ACA in an approved way.

Note   The form of a Type 1 report, and the way to give it to the ACA, are approved by the ACA under section 11.28. The form of a Type 2 report, and the way to give it to the ACA, are approved by the ACA under section 11.29.

11.31      Request for Type 1 or Type 2 report

         (1)   The ACA may, in writing:

                (a)    request a carriage service provider to which subsection 11.28 (1) applies to give to the ACA a Type 1 report; or

               (b)    request a carriage service provider to which subsection 11.29 (1) applies to give to the ACA a Type 2 report.

         (2)   The request must state that the carriage service provider must give the report within 20 working days after the date of the request.

         (3)   The carriage service provider must:

                (a)    prepare the report using the approved form; and

               (b)    give the report to the ACA in an approved way; and

                (c)    give the report to the ACA within 20 working days after the date of the request.

Note   The form of a Type 1 report, and the way to give it to the ACA, are approved by the ACA under section 11.28. The form of a Type 2 report, and the way to give it to the ACA, are approved by the ACA under section 11.29.

11.32      Using Type 1 or Type 2 report

         (1)   The ACA must use a Type 1 or Type 2 report only:

                (a)    to identify the holder of a number to which annual numbering charge applies; or

               (b)    to work out correctly an amount of numbering charge; or

                (c)    to administer numbering charge correctly.

         (2)   If the ACA is not given a Type 1 or Type 2 report within the period for giving the report, the ACA may rely on information available to it:

                (a)    to identify the holder of a number to which annual numbering charge applies; or

               (b)    to work out an amount of numbering charge; or

                (c)    to administer numbering charge.

Note   If the ACA acts on inaccurate information, because it has not been given a Type 1 or Type 2 report, the ACA may attempt to recover annual numbering charge in respect of