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Determinations/Communications as made
This instrument determines Telstra, as the current primary universal service provider under the Act, is required as part of the USO to ensure that all people in Australia have reasonable access to payphone services on an equitable basis, wherever they reside or carry on business. The purpose of this Determination is to set out rules governing where and when a primary universal service provider can locate, relocate or remove payphones. The Determination also sets out rules for installing a new payphone, including requirements for lodging an eligible payphone request, and the decision-making process a primary universal service provider must follow in assessing requests.
Administered by: Communications and the Arts
Registered 16 Dec 2011
Tabling HistoryDate
Tabled HR07-Feb-2012
Tabled Senate07-Feb-2012

 

Commonwealth of Australia

 

Telecommunications (Consumer Protection and Service Standards) Act 1999

 

Telecommunications Universal Service Obligation (Location of Payphones) Determination 2011

 

I, STEPHEN michael CONROY, Minister for Broadband, Communications and the Digital Economy, make the following determination under subsection 12EF(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Dated             13 December                      2011

STEPHEN CONROY

Minister for Broadband, Communications and the Digital Economy _________________________________________________________________

Part 1         Preliminary

1     Name of Determination

 

This Determination is the Telecommunications Universal Service Obligation (Location of Payphones) Determination 2011.

2     Commencement

 

This Determination commences on 1 January 2012.

3     Definitions

In this Determination, unless the contrary intention appears:

Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

ACMA has the meaning given by section 7 of the Telecommunications Act 1997.

adequate mobile phone coverage means that there is handheld terrestrial mobile phone coverage at street level in the relevant place or area.

category 1 payphone location has the meaning given by section 9 of this Determination.

category 2 payphone location has the meaning given by section 10 of this Determination.

category 3 payphone location has the meaning given by section 11 of this Determination.

eligible payphone request has the meaning given by section 14 of this Determination.

existing payphone site means a site at which a payphone is located.

local government body means a government body or agency that has primary responsibility for the provision of local government or municipal services within the area within which the site for the proposed location or removal of the payphone is located.

new payphone location has the meaning given by section 8 of this Determination.

new payphone site has the meaning given by section 19 of this Determination.

payphone register has the meaning given by subsection 22(1) of this Determination.

payphone site has the meaning given by section 18 of this Determination.

site means a place or area which is no greater than 10 square metres.

TTY payphone means telephone typewriter payphone.

TTY payphone location has the meaning given by section 12 of this Determination.

Note:                      Several other words and expressions used in this Determination have the

same meaning as in the Act (see subsection 13(1) of the Legislative Instruments Act 2003). For example:

·         payphone

·         payphone carriage service

·         primary universal service provider

·         universal service area


4     Application of this Determination

 

(1)   This Determination applies with respect to:

                                                           (a)      a universal service area for which the provider is the primary universal service provider;

                                                           (b)      a payphone that is:

(i)       situated (or is proposed to be situated) at a payphone site specified in the payphone register that is in force from time to time in accordance with Part 5 of this Determination; and

(ii)   provided (or proposed to be provided) in accordance with paragraph 9(1)(b) and subsection 9(2A) of the Act.

Note:  Subsection 12EF(2) of the Act states that a primary universal service provider must comply with a determination under subsection 12EF(1).

 

Part 2 – Rules regarding payphone locations

Division 1             Introduction

5     Objects

 

The object of this Part is to establish rules regarding the places and areas at which a payphone is required to be located.

Division 2             Payphone locations

6     Places and areas at which payphones must be located

 

(1)      A primary universal service provider must ensure that:

                                                          (a)      a payphone is located, and continues to be located, at the following places and areas:

(i)     at each site at which a payphone supplied by the primary universal service provider was located immediately prior to the date of commencement of this Determination;

(ii)   at a site within each new payphone location; and

Note:     Before a payphone is installed at a site within a new payphone location, the primary universal service provider must undertake consultation in accordance with the rules set out in the Telecommunications Universal Service Obligation (Public Consultation on the Location or Removal of Payphones) Determination 2011 in relation to the location of a payphone at that site.  A payphone must be installed at the site in the timeframe specified at subsection 9(2) of the Telecommunications Universal Service Obligation (Payphone Performance Standards) Determination (No.1) 2011.

(iii)  if a payphone is relocated from an existing payphone site that is at a place or area of a type described in Division 1 of Schedule 1 to a new payphone site at the same place or area, at the new payphone site; and

                                                         (b)      a TTY payphone is located, and continues to be located, at a place or area that is a TTY payphone location.

(2)      The requirement at subsection (1) is subject to:

                                                          (a)      subsection (4); and

                                                         (b)      the rules set out at section 20 of this Determination regarding the circumstances in which a payphone may be removed from a payphone site; and

                                                          (c)      the substitution of a payphone supplied by the primary universal service provider with a payphone supplied by the Commonwealth or a Commonwealth Agency.

Note:      For the avoidance of doubt the reference to Commonwealth Agency in paragraph (2)(c) includes the Telecommunications Universal Service Management Agency.

 

(3)      To avoid doubt, the obligation to ensure that a payphone is located at a site or payphone location in accordance with subsection (1) applies to the primary universal service provider even if the primary universal service provider enters into an arrangement with another provider for the supply, management, operation or maintenance of a payphone by that other provider at the site or payphone location. 

(4)      A primary universal service provider is not required to install a payphone at a new payphone location if:

                                                          (a)      the primary universal service provider has complied with the public consultation rules regarding the location of a payphone set out in the Telecommunications Universal Service Obligation (Public Consultation on the Location or Removal of Payphones) Determination 2011 with respect to a proposal to install a payphone at the new payphone location; and

                                                         (b)      either:

(i)     installing and maintaining a payphone at the new payphone location would not deliver a net social benefit to the local community; or

(ii)   a primary universal service provider cannot reasonably install and operate a payphone at the new payphone location.

(5)      In determining whether installing and maintaining a payphone at a new payphone location would not deliver a net social benefit to the local community, regard must be had to the following matters:

                                                          (a)      the commercial viability of maintaining the payphone, including all reasonable steps that may be taken to minimise the costs of maintaining the payphone at the new payphone location;

Note:      Reasonable steps to minimise the costs of maintaining a payphone may include the installation of a robust phone or card only phone.

 

                                                         (b)      whether the projected revenues from the payphone will cover the depreciation and maintenance costs of maintaining the payphone on an annual basis;

                                                          (c)      the extent to which funding (if any) provided to the primary universal service provider to install or maintain the payphone, including any payments made to the primary universal service provider by the Commonwealth, will contribute to covering the depreciation and maintenance costs of maintaining the payphone on an annual basis;

                                                         (d)      all the circumstances relating to the location of a payphone at the new payphone location, including:

(i)     the benefit to the local community arising from the location of a payphone at the new payphone location;

(ii)   the extent to which there is adequate mobile phone coverage in the relevant area where the payphone is proposed to be located; and

(iii)  in the event mobile phone coverage in the relevant area where the payphone is proposed to be located is inadequate, the extent to which a payphone is needed for the purposes of assisting with responding to an emergency; and

                                                          (e)      any guidelines prepared by the ACMA that detail the format and methodology for assessing whether the installation of a payphone at the new payphone location would deliver a net social benefit to the local community.

(6)      For the avoidance of doubt, subsection (5) limits the matters to which regard may be had.

(7)      In determining whether a payphone can reasonably be installed and operated at a new payphone location, regard may be had to:

                                                          (a)      whether, having regard to subsection (9), the provider is able to obtain relevant approvals for the installation of a payphone;

                                                         (b)      whether, having regard to subsection (9), the provider is able to obtain relevant approvals for access to the new payphone location;

                                                          (c)      the extent to which it is reasonably practicable to provide power to the new payphone location; and

                                                         (d)      the safety of the public, users of the payphone and the provider’s employees and agents.

(8)      For the avoidance of doubt, subsection (7) limits the matters to which regard may be had.

(9)      In assessing under subparagraph (7)(a) whether the provider is able to obtain relevant approval for the installation of a payphone and under subparagraph (7)(b) whether the provider is able to obtain relevant approvals for access to the new payphone location, the primary universal service provider must take all reasonable steps required to obtain the relevant approvals.

(10)   The obligation to locate a payphone at a site within a new payphone location commences immediately after the primary universal service provider has:

                                                          (a)      provided written notification of its final decision, made in accordance with the rules made under the Telecommunications Universal Obligation (Public Consultation on the Location or Removal of Payphones) Determination 2011, to locate a payphone at a particular site within the payphone location; and

                                                         (b)      finalised any complaints made about that final decision.

Part 3         New payphone locations

Division 1             Introduction

7     Objects

 

The object of this Part is to provide for the location of payphones at new places and areas by a primary universal service provider, including where an eligible payphone request is made for the location of a payphone at a particular place or area.

8     Meaning of new payphone location

 

(1)              A place or area becomes a new payphone location if the place or area satisfies one or more of the following:

(a)    the category 1 payphone location criteria;

(b)    the category 2 payphone location criteria;

(c)    the category 3 payphone location criteria.

(2)              A place or area that becomes a new payphone location continues to be a new payphone location unless:

(a)    having regard to subsection 6(4), the primary universal service provider is not required to locate a payphone at the new payphone location; or

(b)    the primary universal provider is permitted to remove from the new payphone location, in accordance with Division 3 of Part 4, each of the payphones located at the new payphone location.

9     Category 1 payphone location criteria

 

(1)      A place or area is a category 1 payphone location if:

                                                          (a)      it is a place or area in Australia of a type described in Division 1 of Schedule 1;

                                                         (b)      there is no payphone at that place or area;

                                                          (c)      there is demonstrated community support for the location of a payphone at that place or area; and 

                                                         (d)      the primary universal service provider for the universal service area in which that place or area is located has determined that the place or area is commercially viable for the purpose of the installation of a payphone.

(2)      A primary universal service provider must make a determination for the purposes of paragraph (1)(d) in relation to a place or area described at paragraph (1)(a) within 60 working days of the provider receiving an eligible payphone request.

Note:      Subsection (2) does not prevent a primary universal service provider from undertaking an assessment for the purposes of paragraph (1)(d) in circumstances other than where the primary universal service provider receives an eligible payphone request.

 

(3)      For the purposes of paragraph (1)(c), community support for the location of a payphone at the relevant place or area is to be taken to have been demonstrated if the place or area is the subject of an eligible payphone request that has been made on behalf of 100 or more adults who reside in Australia.

(4)      To avoid doubt, community support for the location of a payphone at the relevant place or area can be demonstrated for the purposes of paragraph (1)(c) in a manner other than that provided for by subsection (3). 

10  Category 2 payphone location criteria

 

(1)      A place or area is a category 2 payphone location if:

                                                          (a)      it is a place or area in Australia of a type described in column 1 of the table at Division 2 of Schedule 1; 

                                                         (b)      either:

(i)     if a radius is specified in column 2 of the table at Division 2 of Schedule 1, there is no payphone located within the area in the specified radius; or

(ii)   if no radius is specified, there is no payphone at that place or area;

                                                          (c)      there is demonstrated community support for the location of a payphone at that place or area; and

                                                         (d)      the primary universal service provider for the universal service area in which the place or area is located has determined that the revenues from a payphone located at that place or area will cover the depreciation and maintenance costs of providing and maintaining a payphone on an annual basis.

(2)      A primary universal service provider must make a determination for the purposes of paragraph (1)(d) in relation to a place or area described at paragraphs (1)(a) and (b) within 60 working days of the provider receiving an eligible payphone request.

Note:      Subsection (2) does not prevent a primary universal service provider from undertaking an assessment for the purposes of paragraph (1)(d) in circumstances other than where the primary universal service provider receives an eligible payphone request.

 

(3)      For the purposes of paragraph (1)(c), community support for the location of a payphone at the relevant place or area is to be taken to have been demonstrated if the place or area is the subject of an eligible payphone request that has been made on behalf of 100 or more adults who reside in Australia.

(4)      To avoid doubt, community support for the location of a payphone at the relevant place or area can be demonstrated for the purposes of paragraph (1)(c) in a manner other than that provided for by subsection (3). 

11  Category 3 payphone location criteria

 

(1)      A place or area is a category 3 payphone location if:

                                                          (a)      it is a place or area in Australia of a type described in column 1 of the table at Division 3 in Schedule 1;

                                                         (b)      either:

(i)     if a radius is specified in column 2 of the table at Division 3 in Schedule 1, there is no payphone located within the area in the specified radius; or

(ii)   if no radius is specified, there is no payphone at that place or area; and

                                                          (c)      there is demonstrated community support for the location of a payphone at that place or area. 

(2)      For the purposes of paragraph (1)(c), community support for the location of a payphone at the relevant place or area is to be taken to have been demonstrated if the place or area is the subject of an eligible payphone request that has been made on behalf of 100 or more adults who reside in Australia.

(3)      To avoid doubt, community support for the location of a payphone at the relevant place or area can be demonstrated for the purposes of paragraph (1)(c) in a manner other than that provided for by subsection (2). 

12       Meaning of TTY payphone location

 

A place or area is a TTY payphone location if:

                                                          (a)      a TTY payphone was supplied by the primary universal service provider at the place or area immediately prior to the commencement of this Determination; or

                                                         (b)      the following conditions are satisfied:

(i)     the place or area is:

(A)         a category 1 payphone location;

(B)         a category 2 payphone location; or

(C)         a category 3 payphone location;

(ii)   the primary universal service provider has received an eligible payphone request relating to the installation of a TTY payphone at the place or area;

(iii)  the place or area is a place or area where there is likely to be high usage of a TTY payphone; and

(iv)  the place or area is a place or area that is not at a high risk of vandalism or misuse of a TTY payphone.

Division 2   Eligible payphone request

13       Information about making an eligible payphone request

 

A primary universal service provider must provide on its website:

                                                          (a)      a mechanism for eligible payphone requests to be made to the provider;

                                                         (b)      details of the address to which an eligible payphone request may be posted; and

                                                          (c)      details of the requirements applying to eligible payphone requests under this Division.

14       Meaning of eligible payphone request

 

(1)      An eligible payphone request is a request that satisfies the requirements set out in this section for the location by a primary universal service provider of a payphone at a place or area described at: 

                                                          (a)      paragraph 9(1)(a);

                                                         (b)      paragraph 10(1)(a); or

                                                          (c)      paragraph 11(1)(a).

(2)      A request described at subsection (1) is only an eligible payphone request if it is apparent that the request is made by a duly authorised person on behalf of:

                                                          (a)      five or more individuals who would be directly affected by the operation of a payphone at the place or area that is the subject of the request;

                                                         (b)      100 or more individuals who reside in the vicinity of the proposed new payphone site or otherwise have a demonstrated interest in the location of the payphone at the place or area that is the subject of the request;

                                                          (c)      the local government body with responsibility for the place or area that is the subject of the request; or

                                                         (d)      an authority or institution of the State or Territory in which the place or area that is the subject of the request is located.

(3)      An eligible payphone request must contain:

                                                          (a)      the name of the person making the request;

                                                         (b)      the name of the persons, local government body or authority or institution on whose behalf the request is made;

                                                          (c)      details of means by which the person or persons, local government body or authority can be contacted;

                                                         (d)      details of the site, or sites, at the place or area at which it is requested that a payphone or payphones be located; and

                                                          (e)      reasons why a payphone should be located at the place or area.

(4)      An eligible payphone request may also specify the type of payphone that is requested to be located at the place or area, such as whether the request is for:

                                                          (a)      a coin operated payphone;

                                                         (b)      a card operated payphone; or

                                                          (c)      a TTY payphone.

(5)      A request for the location of a payphone at a place or area is not an eligible payphone request if:

                                                          (a)      an eligible payphone request has been made with respect to the same place or area within the period commencing two years prior to the date of the request;

                                                         (b)      a payphone was removed from the place or area, in accordance with this Determination, within the period commencing two years prior to the date of the request; or

                                                          (c)      the request is a frivolous or vexatious request.

15       Notification of response to an eligible payphone request

 

(1)      Subject to subsections (4) and (5), where a primary universal service provider receives an eligible payphone request relating to a place or area specified in paragraph 9(1)(a) or 10(1)(a) of this Determination, the primary universal service provider must determine whether the place or area is:

                                                          (a)      a category 1 payphone location;

                                                         (b)      a category 2 payphone location; or

                                                          (c)      neither a category 1 nor category 2 location.

(2)      Subject to subsections (4) and (5), where a primary universal service provider receives an eligible payphone request relating to a place or area specified in paragraph 11(1)(a) of this Determination, the primary universal service provider must determine whether the place or area is a category 3 payphone location.

(3)      Where a primary universal service provider receives an eligible payphone request relating to the installation of a TTY payphone, the primary universal service provider must determine whether the place or area specified in the request is a TTY payphone location.

(4)      If a person makes an eligible payphone request to a primary universal service provider and the provider determines that the place or area that is the subject of the request is not a new payphone location for the purposes of Division 1, the provider must notify the person in writing of the following:

                                                          (a)      the reasons that the provider does not consider the place or area to be a new payphone location in accordance with Division 1; and

                                                         (b)      an explanation that unless the place or area specified in an eligible payphone request is a new payphone location, the provider is not required to consider installing a payphone at the place or area in response to the request.

(5)      If a person makes an eligible payphone request to a primary universal service provider and the provider considers the place or area that is the subject of the request to be a new payphone location for the purposes of Division 1, but the provider determines that it is not required to install a payphone at the place or area because of subsection 6(4), the provider must notify the person in writing of the reason that it considers that it is not required to install a payphone at that place or area.

(6)      A notification under subsections (4) and (5) must be made at least 42 days prior to the primary universal service provider making its final decision on an eligible payphone request for a payphone to be located in a particular place or area.

16  Notification of response to a payphone request that is not an eligible payphone request

(1)      Where a person makes a request for the installation of a payphone to a primary universal service provider, and the provider considers that the request is not an eligible payphone request, the provider must notify the person in writing of the reasons why the provider does not consider the request to be an eligible payphone request.

(2)      A notification given under subsection (1) must include a statement informing the person that if a request for the installation of a payphone is not an eligible payphone request, the provider is not required to consider installing a payphone in response to the request.

(3)      Subsection (1) does not apply in the case of a request which is frivolous or vexatious.

Part 4           Installation and removal of payphones

Division 1             Introduction

17  Objects

 

The object of this Part is to establish rules regarding the installation of payphones at new payphone sites and the removal of payphones from existing payphone sites.

18  Meaning of payphone site

 

(1)      Each of the following is a payphone site:

                                                          (a)      an existing payphone site; and

                                                         (b)      a new payphone site.

(2)      A payphone site can include a site at which two or more payphones are located.

Division 2 – Rules regarding the installation of a payphone

19  Location of a payphone at a new payphone site

A primary universal service provider may only install a payphone at a site which is not an existing payphone site (new payphone site), if the provider has complied with the rules in relation to the process for public consultation on the location of payphones set out in the Telecommunications Universal Service Obligation (Public Consultation on the Location or Removal of Payphones) Determination 2011.

Division 3             Rules regarding the removal of a payphone

20  Removal of a payphone from a site

 

(1)      If a primary universal service provider must ensure that at least one payphone is located at a site in order to comply with section 6, a payphone may only be removed from that site if:

                                                          (a)      the decision to remove the payphone has been made in accordance with the rules in relation to the process for public consultation on the removal of a payphone set out in the Telecommunications Universal Service Obligation (Public Consultation on the Location or Removal of Payphones) Determination 2011; and

                                                         (b)      one or more of the following criteria applies:

(i)     maintaining the payphone at the payphone site would not deliver a net social benefit to the local community;

(ii)   there is demonstrated community support for the removal of the payphone from the payphone site;

(iii)  the primary universal service provider cannot continue to reasonably operate the payphone at the payphone site;

(iv)  if the existing payphone site is at a place or area of a type described in Division 1 of Schedule 1—a payphone is to be relocated at a new payphone site within that place or area.

(2)      In determining whether maintaining a payphone at the payphone site would not deliver a net social benefit to the local community, regard  must be had to the following matters:

                                                          (a)      the commercial viability of maintaining the payphone, including all reasonable steps that may be taken to minimise the costs of maintaining the payphone at the payphone site;

Note:          Reasonable steps to minimise the costs of maintaining a payphone may include the installation of a robust phone or card only phone.

 

                                                         (b)      call usage patterns for the payphone;

                                                          (c)      whether the revenues from the payphone will cover the depreciation and maintenance costs of maintaining the payphone on an annual basis;

                                                         (d)      the extent to which funding (if any) provided to the primary universal service provider to install or maintain the payphone, including any payments made to the primary universal service provider by the Commonwealth, will contribute to covering the depreciation and maintenance costs of maintaining the payphone on an annual basis;

                                                          (e)      all the circumstances relating to the location of a payphone at the payphone site, including:

(i)     the benefit to the local community arising from the location of a payphone at the payphone site;

(ii)   the extent to which there is adequate mobile phone coverage in the relevant area where the payphone is proposed to be removed; and

(iii)  in the event mobile phone coverage in the relevant area where the payphone is proposed to be removed is inadequate, the extent to which a payphone is needed for the purposes of assisting with responding to an emergency; and

                                                          (f)      any guidelines prepared by the ACMA that detail the format and methodology for assessing whether the removal of a payphone at the payphone site would deliver a net social benefit to the local community.

 

(3)      For the avoidance of doubt, subsection (2) limits the matters to which regard may be had.

(4)      In determining whether a payphone can continue to reasonably be operated at a payphone site, regard may be had to the following matters:

                                                          (a)      subject to subsection (7), whether the provider continues to hold, or is able to obtain, relevant approvals for the operation of a payphone at the payphone site;

                                                         (b)      subject to subsection (7), whether the provider continues to hold, or is able to obtain relevant approvals for access to the payphone site; or

                                                          (c)      the safety of the public, users of the payphone and the provider’s employees and agents. 

(5)      For the avoidance of doubt, subsection (4) limits the matters to which regard may be had.

(6)      For the avoidance of doubt, subsection (1) applies to a primary universal service provider even if a payphone is operated by another provider on behalf of the primary universal service provider.

(7)      In assessing under subsection (4) above whether a payphone can reasonably be installed and operated at a new payphone location, the primary universal service provider must take all reasonable steps required to obtain the relevant approvals specified under paragraphs (8)(a) and (8)(b).

(8)      Subsection (1) does not apply where a primary universal service provider temporarily removes a payphone from a site in order to:

(a)    upgrade the payphone; 

(b)   repair or replace the line connecting the payphone;

(c)    connect the payphone to another network over which the primary universal service provider will be supplying payphone carriage services to that payphone;

(d)   install an equivalent or enhanced payphone; or

(e)    undertake significant repairs to the payphone, where such repairs can only be undertaken off-site.

(9)      The criterion at subparagraph 20(1)(b)(i) does not apply where a primary universal service provider removes a payphone from a site at which there would be at least one payphone remaining after the removal.

Part 5           Payphone register

Division 1             Introduction

21  Object

 

The object of this Part is to set out rules to require a primary universal service provider to keep a register containing a description of the location of payphones provided (or proposed to be provided) in accordance with paragraph 9(1)(b) and subsection 9(2A) of the Act.

22  Meaning of payphone register

 

(1)      A payphone register is a record, which may be kept in an electronic format, containing a description of the location of existing payphone sites in a universal service area. 

(2)      A description of an existing payphone site contained in a payphone register must include the following details:

                                                          (a)      the location of the payphone site, such as the address of the payphone site or other similar description of the location;

                                                         (b)      the State or Territory in which the payphone site is located;

                                                          (c)      the post code of the area in which the payphone site is located;

                                                         (d)      the Australian Bureau of Statistics Statistical Local Area of the area in which the payphone site is located;

                                                          (e)      the latitude and longitude of the payphone site;

                                                          (f)      the number of payphones at the payphone site;

                                                         (g)      the next available payphone and radial distance to that payphone;

                                                         (h)      the payphone unique identifier code; and

                                                           (i)      the type of payphone at that site.

Division 2             Rules regarding the keeping of a payphone register

23  Primary universal service provider must keep and make available payphone register

 

(1)      A primary universal service provider must maintain a payphone register in relation to the payphone sites located in each universal service area for which the provider is the primary universal service provider.

(2)      A primary universal service provider must make the payphone register available to the public on its website.

24  Primary universal service provider must provide payphone register to the ACMA

 

(1)      A primary universal service provider must provide the ACMA, in a format specified by the ACMA, with a copy of the payphone register for each universal service area for which it is the primary universal service provider at the following times:

                                                          (a)      within three months of the commencement of this Determination (initial payphone register); and

                                                         (b)      every three months thereafter (subsequent payphone register).

(2)      A primary universal service provider must provide the ACMA, in a format specified by the ACMA, with a copy of the payphone register for each universal service area for which it is the primary universal service provider in a form that the ACMA requests. 

(3)      The initial payphone register must contain a description of the location of existing payphone sites as at the time of commencement of this Determination.

(4)      Each subsequent payphone register must contain a description of the location of existing payphone sites.

Schedule 1        Places and areas

(sections 9, 10 and 11)

Part 1          New payphone locations and relocation of payphones

Division 1                 Category 1 payphone locations and relocation of payphones

 

Each of the following places and areas are places and areas for the purposes of paragraphs 9(1)(a), 12(b)(i)(A), 15(1)(a), and 20(1)(b)(iv) of this Determination:

                                                          (a)      retail centres;

                                                         (b)      entertainment venues;

                                                          (c)      transport hubs;

                                                         (d)      health and community facilities;

                                                          (e)      residential communities in cities and towns with average or high level of home telephone connection;

                                                          (f)      residential communities (including caravan parks and holiday units) in cities and towns with low home phone connection;

                                                         (g)      industrial or commercial areas;

                                                         (h)      small villages and towns (including holiday areas) with a permanent population of 200 or more persons;

                                                           (i)      places and areas within state or national parks, where there are permanent facilities and regular park staff visits;

                                                           (j)      small service centres on highways and major roads in rural and remote areas where there is adequate mobile phone coverage;

                                                         (k)      small service centres on highways and major roads in rural and remote areas where there is inadequate mobile phone coverage; and

                                                           (l)      small remote communities, including Indigenous outstations.


Division 2             Category 2 payphone locations – eligible places and areas

 

Column 1

Places and areas

Column 2

Specified radius

Retail Centres

1 km

Entertainment venues

1 km

Transport hubs

1 km

Health and Community facilities

1 km

Residential communities in cities and towns with average or high level of home telephone connection

2 km

Residential communities (including caravan parks and holiday units) in cities and towns with low home phone connection

1 km

Industrial or commercial areas

2 km

Small villages and towns (including holiday areas) with a permanent population of 200 or more persons

40 km

Places and areas within state or national parks, where there are permanent facilities and regular park staff visits

40 km

Small service centres on highways and major roads in rural and remote areas where there is adequate mobile phone coverage

100 km

Small service centres on highways and major roads in rural and remote areas where there is inadequate mobile phone coverage  

100 km

Small remote communities, including Indigenous outstations with a permanent population of 20 or more adults or a total population of 50 or more persons

Radius not specified

 

Division 3             Category 3 payphone locations – eligible places and areas

 

Column 1

Places and areas

Column 2

Specified radius

Residential communities (incl. caravan parks and holiday units) in cities and towns with low home phone connection

1 km

Small villages and towns (incl. holiday areas) with a permanent population of two hundred or more persons

40 km

Places and areas within state or national parks, where there are permanent facilities and regular park staff visits

100 km

Small service centres on highways and major roads in rural and remote areas where there is adequate mobile phone coverage

250 km

Small service centres on highways and major roads in rural and remote areas where there is inadequate mobile phone coverage  

200 km

Small remote communities, including Indigenous outstations with a permanent population of 20 or more adults or a total population of 50 or more persons

Radius not specified