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Rules/Other as amended, taking into account amendments up to Telecommunications (Customer Service Guarantee) Record-Keeping Rules Amendment 2012 (No. 1)
These Rules ensure that specified carriage service providers (CSPs) keep the necessary records, and provide to the ACMA the necessary information, to enable the ACMA to effectively monitor and enforce compliance and monitor and report on industry performance.
Administered by: Communications
Registered 25 Jun 2013
Start Date 01 Jul 2012
End Date 29 Sep 2014

Commonwealth Coat of Arms

Telecommunications (Customer Service Guarantee) Record‑Keeping Rules 2011

made under section 529 of the

Telecommunications Act 1997

Compilation start date:                     1 July 2012

Includes amendments up to:            Telecommunications (Customer Service Guarantee) Record-Keeping Rules Amendment 2012 (No. 1)

About this compilation

The compiled instrument

This is a compilation of the Telecommunications (Customer Service Guarantee) Record-Keeping Rules 2011 as amended and in force on 1 July 2012. It includes any amendment affecting the compiled instrument to that date.

This compilation was prepared on 15 May 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provision ceasing to have effect

If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.

 

 

  

  

  


Contents

Part 1—Introduction                                                                                                                                      1

1............ Name of Rules............................................................................................................... 1

2............ Commencement............................................................................................................. 1

3............ Definitions..................................................................................................................... 1

4............ Qualifying carriage service providers............................................................................ 2

5............ Nominated areas............................................................................................................ 2

Part 2—Keeping of Records                                                                                                                      4

6............ Records relating to the number of CSG services supplied............................................. 4

7............ Records relating to location‑specific thresholds............................................................. 4

8............ Records relating to in-place connection requests........................................................... 4

9............ Records relating to new connection requests................................................................. 5

9A......... Records for CSG services required to be connected in guaranteed maximum connection period specified in subsection 8(2) of the CSG Standard.............................................................................................. 6

10.......... Records relating to reports of faults or service difficulties............................................. 7

11.......... Records relating to the keeping of appointments........................................................... 8

Part 3—Retention of Records                                                                                                                   9

12.......... Period for retention of records....................................................................................... 9

Part 4—Reporting                                                                                                                                          10

13.......... Requirement to prepare compliance reports................................................................. 10

14.......... Requirement to give compliance reports to the ACMA............................................... 10

Part 5—Audit                                                                                                                                                    11

15.......... Auditing of compliance with these Rules.................................................................... 11

16.......... Audit terms of reference.............................................................................................. 11

17.......... Nomination of auditor................................................................................................. 12

18.......... Requirement to provide audit report to the ACMA..................................................... 12

Schedule 1—Information to be included in a compliance report        14

1............ Information relating to the carriage service provider and reporting period................... 14

2............ Information relating to the supply of CSG services..................................................... 14

3............ Performance information relating to in-place connection requests............................... 14

4............ Performance information relating to new connection requests..................................... 15

5............ Performance information relating to faults or service difficulties................................. 15

6............ Performance information relating to the keeping of appointments............................... 16

Schedule 2—Form of Compliance Report                                                                   17

Endnotes                                                                                                                                                               24

Endnote 1—Legislation history                                                                                                       24

Endnote 2—Amendment history                                                                                                     25

Endnote 3—Uncommenced amendments [none]                                                                     26

Endnote 4—Misdescribed amendments [none]                                                                        27

 


Part 1Introduction

  

1  Name of Rules

                   These Rules are the Telecommunications (Customer Service Guarantee) Record‑Keeping Rules 2011.

2  Commencement

                   These Rules commence on:

                     (a)  1 October 2011; or

                     (b)  the day after they are registered,

                   whichever last occurs.

Note 1:       Both events must occur before these Rules commence.

Note 2:       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.

3  Definitions

                   In these Rules, unless the contrary intention appears:

ABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999.

Act means the Telecommunications Act 1997.

appointment has a meaning affected by Division 4 of Part 2 of the CSG Standard.

audit report has the meaning given in subsection 18(4).

Benchmarks Instrument means the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011.

compliance report means a report under section 13.

connection or rectification appointment has the meaning given in subsection 11(2).

CSG Standard means the Telecommunications (Customer Service Guarantee) Standard 2011.

fault or service difficulty report has the meaning given in subsection 10(2).

nominated area has the meaning given in section 5.

qualifying carriage service provider for a benchmark period has the meaning given in section 4.

quarter means a period of 3 months ending on 30 September, 31 December, 31 March or 30 June.

reporting period has the meaning given in subsection 13(3).

             (2)  In these Rules, unless the contrary intention appears, the following terms have the meaning given to them in the Benchmarks Instrument:

                     (a)  benchmark period;

                     (b)  in-place connection;

                     (c)  in-place connection request;

                     (d)  major rural area;

                     (e)  minor rural area;

                      (f)  new connection request

                     (g)  remote area;`

                     (h)  rural area; and

                      (i)  urban area.

             (3)  In these Rules, unless the contrary intention appears, the following terms have the meaning given to them in the CSG Standard:

                     (a)  connection period;

                     (b)  CSG service;

                     (c)  customer;

                     (d)  enhanced call handling feature;

                     (e)  fault or service difficulty;

                      (f)  guaranteed maximum connection period;

                     (g)  guaranteed maximum rectification period;

                     (h)  performance standard;

                      (i)  rectification period;

                      (j)  site;

                     (k)  specified service; and

                      (l)  working day.

Note:          Some of the terms used in these Rules, such as the ACMA and carriage service provider, have the meaning given in the Act.

4  Qualifying carriage service providers

                   A carriage service provider is a qualifying carriage service provider for a benchmark period if, on the last day of the financial year preceding that benchmark period, the carriage service provider supplied 100,000 CSG services or more where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services.

Note:          This definition corresponds with section 4 of the Benchmarks Instrument.

5  Nominated areas

                   Each of the following geographic areas is a nominated area:

                     (a)  Australia;

                     (b)  together—the Australian Capital Territory and New South Wales;

                     (c)  the Northern Territory;

                     (d)  Queensland;

                     (e)  South Australia;

                      (f)  Tasmania;

                     (g)  Victoria; and

                     (h)  Western Australia.

Note:          The term nominated area is used in Schedule 1.

Part 2Keeping of Records

6  Records relating to the number of CSG services supplied

                   A qualifying carriage service provider for a benchmark period must keep a record of the number of CSG services that were supplied by the carriage service provider on the last day of the financial year preceding the benchmark period where the carriage service provider was obliged to comply with one or more performance standards in respect of the carriage service provider’s supply of those CSG services.

Note:          These are the services referred to in section 4 of the Benchmarks Instrument.

7  Records relating to location‑specific thresholds

                   A qualifying carriage service provider for a benchmark period must keep a record of the number of CSG services that were supplied by the carriage service provider on the last day of the financial year preceding the benchmark period, in each of the following areas:

                     (a)  urban areas;

                     (b)  major rural areas;

                     (c)  minor rural areas;

                     (d)  rural areas; and

                     (e)  remote areas,

where the carriage service provider was obliged to comply with one or more performance standards in respect of the carriage service provider’s supply of those CSG services.

Note:          These are the services referred to in connection with the thresholds referred to in section 5 of the Benchmarks Instrument.    

8  Records relating to in-place connection requests

             (1)  A qualifying carriage service provider for a benchmark period must, in relation to each in-place connection request that is relevant to the benchmark period, keep a record of:

                     (a)  the name of the customer;

                     (b)  the address of the site to which the customer requests the CSG service be connected;

                     (c)  the date and time at which the carriage service provider received the request from the customer;

                     (d)  the date and time at which the guaranteed maximum connection period expires in relation to the request;

Note:       The guaranteed maximum connection period that applies in relation to an in-place connection request is ascertained by having regard to subsection 8(1) of, and item 201 of Schedule 1 to, the CSG Standard. 

                     (e)  if the carriage service provider and the customer made an arrangement of a kind mentioned in section 9 of the CSG Standard for connection in a period shorter or longer than the guaranteed maximum connection period—the date and time at which that period expires;

                      (f)  the date and time at which the carriage service provider complied with the request;

                     (g)  the connection period in working days; and

                     (h)  if the carriage service provider failed to comply with the request in the guaranteed maximum connection period or a period arranged under section 9 of the CSG Standard, and that failure is wholly or partly attributable to one or more acts or omissions by another carriage service provider—the name of the other carriage service provider and a description of those acts or omissions.

             (2)  For the purposes of this section, an in-place connection request is relevant to the benchmark period if the carriage service provider that received the request is required to comply with the request during the benchmark period.

9  Records relating to new connection requests

             (1)  A qualifying carriage service provider for a benchmark period must, in relation to each new connection request that is relevant to the benchmark period, keep a record of:

                     (a)  the name of the customer;

                     (b)  the address of the site to which the customer requests the CSG service be connected;

                     (c)  the date and time at which the carriage service provider received the request from the customer;

                     (d)  the date and time at which the guaranteed maximum connection period expires in relation to the request;

Note:       The guaranteed maximum connection period that applies in relation to a new connection request is ascertained by having regard to subsection 8(1) of, and item 202 of Schedule 1 to, the CSG Standard. 

                     (e)  if the carriage service provider and the customer made an arrangement of a kind mentioned in section 9 of the CSG Standard for connection in a period shorter or longer than the guaranteed maximum connection period—the date and time at which that period expires;

                      (f)  the date and time at which the carriage service provider complied with the request;

                     (g)  the connection period in working days;

                     (h)  if the carriage service provider failed to comply with the request in the guaranteed maximum connection period or a period arranged under section 9 of the CSG Standard, and that failure is wholly or partly attributable to one or more acts or omissions by another carriage service provider—the name of the other carriage service provider and a description of those acts or omissions; and

                      (i)  whether the site to which the customer requests a CSG service be connected, is located in:

                              (i)  an urban area;

                             (ii)  a major rural area;

                            (iii)  a minor rural area; or

                            (iv)  a remote area.

             (2)  For the purposes of this section, a new connection request is relevant to the benchmark period if the carriage service provider that received the request is required to comply with the request during the benchmark period.

9A  Records for CSG services required to be connected in guaranteed maximum connection period specified in subsection 8(2) of the CSG Standard

             (1)  A qualifying carriage service provider for a benchmark period must, in relation to each request that is:

                     (a)  made by a customer to the carriage service provider to connect a CSG service at a site; and

                     (b)  required to be complied with by the carriage service provider in the guaranteed maximum connection period specified in subsection 8(2) of the CSG Standard; and

                     (c)  relevant to the benchmark period,

keep a record of:

                     (d)  the name of the customer;

                     (e)  the address of the site to which the customer requests the CSG service be connected;

                      (f)  the date and time at which the carriage service provider received the request from the customer;

                     (g)  the date and time at which the guaranteed maximum connection period expires in relation to the request;

Note:       The guaranteed maximum connection period specified in subsection 8(2) of the CSG Standard for a customer is a period determined accordance with an approved standard marketing plan for a primary universal service provider for the universal service area in respect of a service obligation where the service is supplied or is being offered to be supplied.

                     (h)  if the carriage service provider and the customer made an arrangement of a kind mentioned in section 9 of the CSG Standard for connection in a period shorter or longer than the guaranteed maximum connection period—the date and time at which that period expires;

                      (i)  the date and time at which the carriage service provider complied with the request;

                      (j)  the connection period in working days;

                     (k)  if the carriage service provider failed to comply with the request in the guaranteed maximum connection period or a period arranged under section 9 of the CSG Standard, and that failure is wholly or partly attributable to one or more acts or omissions by another carriage service provider—the name of the other carriage service provider and a description of those acts or omissions; and

                      (l)  whether the site to which the customer requests a CSG service be connected, is located in:

                              (i)  an urban area;

                             (ii)  a major rural area;

                            (iii)  a minor rural area; or

                            (iv)  a remote area.

             (2)  For the purposes of this section, a request is relevant to the benchmark period if the carriage service provider that received the request is required to comply with the request during the benchmark period.

10  Records relating to reports of faults or service difficulties

             (1)  A qualifying carriage service provider for a benchmark period must, in relation to each fault or service difficulty report that is:

                     (a)  made by a customer to the carriage service provider; and

                     (b)  relevant to the benchmark period,

keep a record of:

                     (c)  the name of the customer;

                     (d)  the address of the site at which the specified service is supplied;

                     (e)  the date and time at which the carriage service provider received the fault or service difficulty report from the customer;

                      (f)  the date and time at which the guaranteed maximum rectification period expires in relation to the fault or service difficulty report;

Note:       The guaranteed maximum rectification period that applies in relation to a fault or service difficulty report is ascertained by having regard to sections 11 and 12 of the CSG Standard.

                     (g)  if the carriage service provider and the customer made an arrangement of a kind mentioned in section 14 of the CSG Standard for rectification of the fault or service difficulty in a period shorter or longer than the guaranteed maximum rectification period – the date and time at which that period expires;

                     (h)  the date and time at which the carriage service provider rectified the fault or service difficulty;

                      (i)  the rectification period in working days;

                      (j)  if the carriage service provider failed to comply with the guaranteed maximum rectification period or a period arranged under section 14 of the CSG Standard, and that failure is wholly or partly attributable to one or more acts or omissions by another carriage service provider—the name of the other carriage service provider and a description of those acts or omissions; and

                     (k)  whether the site at which the specified service is supplied, is located in:

                              (i)  an urban area;

                             (ii)  a rural area; or

                            (iii)  a remote area.

             (2)  A fault or service difficulty report means a report made by a customer to a carriage service provider of a fault or service difficulty in respect of a specified service supplied by the carriage service provider to the customer other than a fault or service difficulty relating to an inoperative enhanced call handling feature on a specified service that includes an enhanced call handling feature.

             (3)  For the purposes of this section, a fault or service difficulty report is relevant to the benchmark period if the carriage service provider that received the report is required to rectify the fault or service difficulty in the benchmark period.

11  Records relating to the keeping of appointments

             (1)  A qualifying carriage service provider for a benchmark period must, in relation to each connection or rectification appointment:

                     (a)  to which the carriage service provider is a party; and

                     (b)  that is relevant to the benchmark period,

keep a record of:

                     (c)  the name of the customer that is a party to the appointment;

                     (d)  the address of the site of the appointment;

                     (e)  the date of the appointment;

                      (f)  the time of the appointment or, if an appointment is in the period between two particular times of the day, those two particular times;

Note:       Subsection 16(3) of the CSG Standard provides that an appointment may be in the period between two particular times of the day.

                     (g)  any changes made to the date, time or location of the appointment; 

                     (h)  the latest date and time by which the carriage service provider must be present at the site in order to be taken to have kept the appointment in accordance with section 17 of the CSG Standard;

Note:       Section 17 of the CSG Standard sets out the criteria for determining whether an appointment is kept.

                      (i)  the date and time at which the carriage service provider is present at the site; and

                      (j)  if the carriage service provider failed to keep the appointment in accordance with section 17 of the CSG Standard, and that failure is wholly or partly attributable to one or more acts or omissions by another carriage service provider—the name of the other carriage service provider and a description of those acts or omissions.

             (2)  A connection or rectification appointment means an appointment for the purpose of a carriage service provider connecting a specified service or rectifying a fault or service difficulty in respect of a specified service supplied by the carriage service provider.

             (3)  For the purposes of this section, a connection or rectification appointment is relevant to the benchmark period if the carriage service provider that is a party to that appointment is required to keep that appointment during the benchmark period.

             (4)  For the purposes of this section, a customer of a carriage service provider includes a reference to a person who represents the customer.

Part 3Retention of Records

  

12  Period for retention of records

                   If, in a benchmark period, a carriage service provider is required to keep a record of a matter described in Part 2, the carriage service provider must retain that record for a period that expires no earlier than two years after the end of that benchmark period.

Note:          For example, if in accordance with Part 2, a carriage service provider keeps a record of a matter in the benchmark period commencing 1 October 2011 and ending 30 June 2012, that record must be retained until at least 30 June 2014.

Part 4Reporting

  

13  Requirement to prepare compliance reports

             (1)  A carriage service provider that is or was a qualifying carriage service provider for a benchmark period must, in accordance with this section, prepare a compliance report in respect of each reporting period that includes part of that benchmark period.

             (2)  A compliance report must:

                     (a)  include the information specified in Schedule 1; and

                     (b)  be in the form specified in Schedule 2.

             (3)  A reporting period means:

                     (a)  the period commencing on 1 October 2011 and ending on 31 December 2011; and

                     (b)  thereafter—each period of six months ending on 30 June or 31 December, as the case may be.  

14  Requirement to give compliance reports to the ACMA

             (1)  A carriage service provider that is or was a qualifying carriage service provider for a benchmark period must give to the ACMA a compliance report in respect of a reporting period that includes part of that benchmark period no later than 40 working days after the end of that reporting period, or such later time as agreed in writing by the ACMA.

             (2)  A compliance report must be given to the ACMA by both of the following means:

                     (a)  electronic transmission to the email address published for the purposes of this paragraph from time to time on the ACMA website; and

                     (b)  delivery, by hand or registered post, to an office of the ACMA.

             (3)  A compliance report delivered under paragraph 14(2)(b) may be in an electronic format of a kind agreed in writing by the ACMA.

Part 5Audit

15  Auditing of compliance with these Rules

             (1)  This section applies to a carriage service provider that is or was a qualifying carriage service provider for a benchmark period.

             (2)  Subject to subsection (5), the ACMA may, in accordance with subsections (3) or (4), by written notice given to the carriage service provider, require the carriage service provider to engage, at its own cost, an external auditor to audit the compliance of the carriage service provider with these Rules.

             (3)  The ACMA may require the carriage service provider to obtain one initial audit in respect of each compliance report which the carriage service provider is required to give to the ACMA under subsection 14(1).

             (4)  The ACMA may require the carriage service provider to obtain one follow‑up audit in respect of each initial audit required under subsection (3) if the ACMA forms a view on reasonable grounds that the initial audit is inadequate.

             (5)  The ACMA may only require an audit under subsection (2) if it forms a view on reasonable grounds that an audit is necessary.

16  Audit terms of reference

             (1)  This section applies to a carriage service provider that has received a notice given under subsection 15(2).

             (2)  The carriage service provider must, no later than 21 days after receipt of the notice, or such longer period as the ACMA may agree in writing, give to the ACMA draft terms of reference of the audit.

             (3)  The ACMA may, by written notice given to the carriage service provider:

                     (a)  approve the draft terms of reference; or

                     (b)  require the carriage service provider to make changes to the draft terms of reference.

             (4)  Within 14 days after receipt of a notice given under paragraph (3)(b), or such longer period as the ACMA may agree in writing, the carriage service provider must provide to the ACMA revised terms of reference.

             (5)  The ACMA may, by written notice given to the carriage service provider:

                     (a)  approve the revised terms of reference; or

                     (b)  specify the terms of reference of the audit, provided that it has formed the view on reasonable grounds that the revised terms of reference do not give effect to the changes notified under paragraph (3)(b).

             (6)  The terms of reference of the audit must include:

                     (a)  the objectives of the audit;

                     (b)  the format of the auditor’s opinion;

                     (c)  the auditing standard or standards in accordance with which the audit must be conducted; and

                     (d)  a timetable for the conduct of the audit, including the date by which the audit report is to be provided by the auditor to the carriage service provider.

Note:       Section 18 sets out requirements relating to the provision of audit reports to the ACMA.

             (7)  The objectives of the audit must include determining whether the carriage service provider:

                     (a)  has prepared any compliance reports required under section 13; and

                     (b)  kept any records of a kind described in Part 2 required under these Rules,

in accordance with the requirements of these Rules.

17  Nomination of auditor

             (1)  This section applies to a carriage service provider that has received a notice under paragraph 16(3)(a), 16(5)(a) or 16(5)(b), as the case may be.

             (2)  The carriage service provider must, no later than 21 days after receipt of the notice, or such longer period as the ACMA may agree in writing, notify the ACMA in writing of its choice of auditor.

             (3)  The ACMA may, by written notice given to the carriage service provider:

                     (a)  approve the choice of auditor; or

                     (b)  reject the choice of auditor.

             (4)  Within 14 days after receipt of a notice given under paragraph (3)(b), or such longer period as the ACMA may agree in writing, the carriage service provider must notify the ACMA in writing of a new choice of auditor.

             (5)  The ACMA may, by written notice given to the carriage service provider:

                     (a)  approve the new choice of auditor; or

                     (b)  require the carriage service provider to contract with a specified auditor or any auditor from a specified group of auditors.

             (6)  The carriage service provider must take all necessary steps to ensure that the auditor:

                     (a)  complies with the applicable terms of reference under section 16; and

                     (b)  is able to form an opinion in relation to the achievement of the objectives of the audit referred to in subsection 16(7).

18  Requirement to provide audit report to the ACMA

             (1)  This section applies to a carriage service provider if sections 15, 16 and 17 apply to the provider.

             (2)  Upon receipt by the carriage service provider of the audit report from the auditor, the provider must:

                     (a)  within 14 days; or

                     (b)  or such longer period as the ACMA may agree in writing,

give the audit report to the ACMA.

             (3)  The carriage service provider must take all necessary steps to ensure that the auditor provides an audit report meeting the description in subsection (4).

             (4)  For the purposes of this section, an audit report must include:

                     (a)  an audit plan outlining the scope and coverage of the audit;

                     (b)  an audit memorandum stating how the audit scope and objectives have been applied; and

                     (c)  an expression of opinion as to whether the carriage service provider has:

                              (i)  prepared any compliance reports required under section 13; and

                             (ii)  kept any records of a kind described in Part 2 required under these Rules,

in accordance with the requirements of these Rules.


Schedule 1Information to be included in a compliance report

  

1  Information relating to the carriage service provider and reporting period

A compliance report must include:

                     (a)  the name of the carriage service provider;

                     (b)  the ABN of the carriage service provider;

                     (c)  the date on which the compliance report is prepared;

                     (d)  the start and end dates of the reporting period; and

                     (e)  the start and end dates of the benchmark period.

2  Information relating to the supply of CSG services

If a compliance report is in respect of a reporting period that ends on 31 December, the compliance report must include:

                     (a)  the number of CSG services supplied by the carriage service provider on the last day of the financial year preceding the benchmark period where the carriage service provider was obliged to comply with one or more performance standards in respect of the carriage service provider’s supply of those CSG services; and

                     (b)  the number of CSG services supplied by the carriage service provider on the last day of the financial year preceding the benchmark period, in each of the following areas:

                              (i)  urban areas;

                             (ii)  major rural areas;

                            (iii)  minor rural areas;

                            (iv)  rural areas; and

                             (v)  remote areas,

where the carriage service provider was obliged to comply with one or more performance standards in respect of the carriage service provider’s supply of those CSG services.

Note:          The information specified in item 2 is for the purpose of applying sections 4 and 5 of the Benchmark Instrument.

3  Performance information relating to in-place connection requests

                   A compliance report must include, in respect of each quarter covered by the report, the following information in relation to each nominated area:

                     (a)  the number of in-place connection requests that were required to be complied with by the carriage service provider during the quarter;

                     (b)  of those in-place connection requests that were required to be complied with by the carriage service provider during the quarter in a guaranteed maximum connection period specified in item 201 of Schedule 1 to the CSG Standard, or in a period arranged under section 9 of the CSG Standard—

                              (i)  the number that were complied with in that period; and

                             (ii)  the number that were not complied with in that period; and

Note:       For the avoidance of doubt, a compliance report does not need to include information about requests that were required to be complied with by a carriage service provider in a guaranteed maximum connection period mentioned in subsection 8(2) of the CSG Standard.

                     (c)  of those requests referred to in paragraph (b)—the number that were not complied with in the guaranteed maximum connection period, or in the period arranged under section 9 of the CSG Standard, as the case may be, where the carriage service provider’s failure to do so was wholly or partly attributable to one or more acts or omissions by another carriage service provider.

4  Performance information relating to new connection requests

             (1)  A compliance report must include, in respect of each quarter covered by the report, the following information in relation to each area described in subitem (2):

                     (a)  the number of new connection requests that were required to be complied with by the carriage service provider during the quarter;

                     (b)  of those new connection requests that were required to be complied with by the carriage service provider during the quarter in a guaranteed maximum connection period specified in item 202 of Schedule 1 to the CSG Standard, or in a period arranged under section 9 of the CSG Standard—

                              (i)  the number that were complied with in that period; and

                             (ii)  the number that were not complied with in that period; and

Note:       For the avoidance of doubt, a compliance report does not need to include information about requests that were required to be complied with by a carriage service provider in a guaranteed maximum connection period mentioned in subsection 8(2) of the CSG Standard.

                     (c)  of those requests referred to in paragraph (b)—the number that were not complied with in the guaranteed maximum connection period, or in the period arranged under section 9 of the CSG Standard, as the case may be, where the carriage service provider’s failure to do so was wholly or partly attributable to one or more acts or omissions by another carriage service provider.

             (2)  For the purposes of subitem (1), the areas are:

                     (a)  each nominated area; and

                     (b)  each of the following areas within each nominated area:

                              (i)  urban areas;

                             (ii)  major rural areas;

                            (iii)  minor rural areas; and

                            (iv)  remote areas.

5  Performance information relating to faults or service difficulties

             (1)  A compliance report must include, in respect of each quarter covered by the report, the following information in relation to each area described in subitem (3):

                     (a)  the number of faults or service difficulties reported that were required to be rectified by the carriage service provider in the quarter;

Note:       “Fault or service difficulty” does not include an inoperative enhanced call handling feature (see subitem 5(2) of this Schedule and also subsection 7(3) of the Benchmarks Instrument).  Reports relating to inoperative enhanced call handling features are also excluded from the record‑keeping rules in Part 2 (see subsection 10(2) of these Rules).  Consequently, a compliance report will not include reports of faults or service difficulties of that kind.

                     (b)  of those requests that were required to be complied with by the carriage service provider during the quarter in a guaranteed maximum rectification period, or in a period arranged under section 14 of the CSG Standard—

                              (i)  the number that were rectified in that period; and

                             (ii)  the number that were not rectified in that period; and

                     (c)  of those requests referred to in paragraph (b)—the number that were not rectified in the guaranteed maximum rectification period, or in the period arranged under section 14 of the CSG Standard, as the case may be, where the carriage service provider’s failure to do so was wholly or partly attributable to one or more acts or omissions by another carriage service provider.

             (2)  In this item, fault or service difficulty does not include a fault or service difficulty relating to an inoperative enhanced call handling feature on a specified service that includes an enhanced call handling feature.

             (3)  For the purposes of subitem (1), the areas are:

                     (a)  each nominated area; and

                     (b)  each of the following areas within each nominated area:

                              (i)  remote areas;

                             (ii)  rural areas; and

                            (iii)  urban areas.

6  Performance information relating to the keeping of appointments

                   A compliance report must include, in respect of each quarter covered by the report, the following information in relation to each nominated area:

                     (a)  the number of connection or rectification appointments that were required to be kept by the carriage service provider during the quarter;

                     (b)  of those connection or rectification appointments that were required to be kept by the carriage service provider during the quarter—

                              (i)  the number that are taken, under section 17 of the CSG Standard, to have been kept; and

                             (ii)  the number that are taken, under section 17 of the CSG Standard, to have been missed; and

                     (c)  of those connection or rectification appointments that were required to be kept by the carriage service provider during the quarter—the number that are taken to have been missed, where the carriage service provider’s failure to keep the appointment was wholly or partly attributable to one or more acts or omissions by another carriage service provider.

 


Schedule 2Form of Compliance Report

  

Instructions for completion of this form—

·     All fields in the tables must be completed (nil returns must be specified where appropriate).

·     Tables 3 to 6 require insertion of the end date of the relevant quarters to which the information in those tables relates.

Table 1—Information relating to the carriage service provider and the reporting period

Name of carriage service provider

 

ABN of carriage service provider

 

Date on which compliance report was prepared

 

Start and end dates for the reporting period

 

Start and end dates for the benchmark period

 

Note:          The information to be included in Table 1 is the information referred to in item 1 of Schedule 1.

Table 2—Information relating to the supply of CSG services

Information relating to CSG Services

For [insert (last day of financial year preceding the benchmark period)]

 

Urban Areas

Major Rural Areas

Minor Rural Areas

Rural Areas

Remote Areas

Australia

Number of CSG services

 

 

 

 

 

 

Note 1:       The information in Table 2 is only required in relation to reporting periods ending on 31 December.

Note 2:       The information to be included in Table 2 is the information referred to in item 2 of Schedule 1.

Table 3Performance information relating to in-place connection requests

Nominated area

In-place connection requests

For quarter ending [insert]

For quarter ending [insert]

New South Wales and the Australian Capital Territory

Number of requests

 

 

Number (complied)

 

 

Number (did not comply)

 

 

Number (did not comply—other CSP)

 

 

Victoria

Number of requests

 

 

Number (complied)

 

 

Number (did not comply)

 

 

Number (did not comply—other CSP)

 

 

Queensland

Number of requests

 

 

Number (complied)

 

 

Number (did not comply)

 

 

Number (did not comply—other CSP)

 

 

Western Australia

Number of requests

 

 

Number (complied)

 

 

Number (did not comply)

 

 

Number (did not comply—other CSP)

 

 

South Australia

Number of requests

 

 

Number (complied)

 

 

Number (did not comply)

 

 

Number (did not comply—other CSP)

 

 

Tasmania

Number of requests

 

 

Number (complied)

 

 

Number (did not comply)

 

 

Number (did not comply—other CSP)

 

 

Northern Territory

Number of requests

 

 

Number (complied)

 

 

Number (did not comply)

 

 

Number (did not comply—other CSP)

 

 

Australia

Number of requests

 

 

Number (complied)

 

 

Number (did not comply)

 

 

Number (did not comply—other CSP)

 

 

Note 1:       The information to be included in Table 3 is the information referred to in item 3 of Schedule 1.

Note 2:       In Table 3, CSP means carriage service provider.

Note 3:       In Table 3, entries in the rows marked “Number (did not comply)” must comprise all requests referred to in subparagraph 3(b)(ii) of Schedule 1, including those that were not complied with due to acts or omissions by another carriage service provider. 

Table 4Performance information relating to new connection requests

Nominated area

New connection requests

For quarter ending [insert]

 

 

Urban Areas

Major Rural Areas

Minor Rural Areas

Remote Areas

Total

New South Wales and the Australian Capital Territory

Number of requests

 

 

 

 

 

Number (complied)

 

 

 

 

 

Number (did not comply)

 

 

 

 

 

Number (did not comply—other CSP)

 

 

 

 

 

Victoria

Number of requests

 

 

 

 

 

Number (complied)

 

 

 

 

 

Number (did not comply)

 

 

 

 

 

Number (did not comply—other CSP)

 

 

 

 

 

Queensland

Number of requests

 

 

 

 

 

Number (complied)

 

 

 

 

 

Number (did not comply)

 

 

 

 

 

Number (did not comply—other CSP)

 

 

 

 

 

Western Australia

Number of requests

 

 

 

 

 

Number (complied)

 

 

 

 

 

Number (did not comply)

 

 

 

 

 

Number (did not comply—other CSP)

 

 

 

 

 

South Australia

Number of requests

 

 

 

 

 

Number (complied)

 

 

 

 

 

Number (did not comply)

 

 

 

 

 

Number (did not comply—other CSP)

 

 

 

 

 

Tasmania

Number of requests

 

 

 

 

 

Number (complied)

 

 

 

 

 

Number (did not comply)

 

 

 

 

 

Number (did not comply—other CSP)

 

 

 

 

 

Northern Territory

Number of requests

 

 

 

 

 

Number (complied)

 

 

 

 

 

Number (did not comply)

 

 

 

 

 

Number (did not comply—other CSP)

 

 

 

 

 

Australia

Number of requests

 

 

 

 

 

Number (complied)

 

 

 

 

 

Number (did not comply)

 

 

 

 

 

Number (did not comply—other CSP)

 

 

 

 

 

Note 1:       The information to be included in Table 4 is the information referred to in item 4 of Schedule 1.

Note 2:       In Table 4, CSP means carriage service provider.

Note 3:       In Table 4, entries in the rows marked “Number (did not comply)” must comprise all requests referred to in subparagraph 4(1)(b)(ii) of Schedule 1 including those that were not complied with due to acts or omissions by another carriage service provider. 

Note 4:       If more than one quarter is covered by the report, a table in the form of Table 4 must be included in relation to each quarter.

Table 5Performance information relating to faults or service difficulties

Nominated area

Faults or service difficulties

For quarter ending [insert]

 

 

Urban Areas

Rural Areas

Remote Areas

Total

New South Wales and the Australian Capital Territory

Number of reports

 

 

 

 

Number (complied)

 

 

 

 

Number (did not comply)

 

 

 

 

Number (did not comply—other CSP)

 

 

 

 

Victoria

Number of reports

 

 

 

 

Number (complied)

 

 

 

 

Number (did not comply)

 

 

 

 

Number (did not comply—other CSP)

 

 

 

 

Queensland

Number of reports

 

 

 

 

Number (complied)

 

 

 

 

Number (did not comply)

 

 

 

 

Number (did not comply—other CSP)

 

 

 

 

Western Australia

Number of reports

 

 

 

 

Number (complied)

 

 

 

 

Number (did not comply)

 

 

 

 

Number (did not comply—other CSP)

 

 

 

 

South Australia

Number of reports

 

 

 

 

Number (complied)

 

 

 

 

Number (did not comply)

 

 

 

 

Number (did not comply—other CSP)

 

 

 

 

Tasmania

Number of reports

 

 

 

 

Number (complied)

 

 

 

 

Number (did not comply)

 

 

 

 

Number (did not comply—other CSP)

 

 

 

 

Northern Territory

Number of reports

 

 

 

 

Number (complied)

 

 

 

 

Number (did not comply)

 

 

 

 

Number (did not comply—other CSP)

 

 

 

 

Australia

Number of reports

 

 

 

 

Number (complied)

 

 

 

 

Number (did not comply)

 

 

 

 

Number (did not comply—other CSP)

 

 

 

 

Note 1:       The information to be included in Table 5 is the information referred to in item 5 of Schedule 1.

Note 2:       In Table 5, CSP means carriage service provider.

Note 3:       In Table 5, entries in the rows marked “Number (did not comply)” must comprise all faults or service difficulties referred to in subparagraph 5(1)(b)(ii) of Schedule 1, including those that were not rectified in that period due to acts or omissions by another carriage service provider. 

Note 4:       If more than one quarter is covered by the report, a table in the form of Table 5 must be included in relation to each quarter.

Table 6Performance information relating to the keeping of appointments

Nominated area

Appointment keeping

Quarter ending [insert]

Quarter ending [insert]

New South Wales and the Australian Capital Territory

Number of appointments

 

 

Number (complied)

 

 

Number (did not comply)

 

 

Number (did not comply—other CSP)

 

 

Victoria

Number of appointments

 

 

Number (complied)

 

 

Number (did not comply)

 

 

Number (did not comply—other CSP)

 

 

Queensland

Number of appointments

 

 

Number (complied)

 

 

Number (did not comply)

 

 

Number (did not comply—other CSP)

 

 

Western Australia

Number of appointments

 

 

Number (complied)

 

 

Number (did not comply)

 

 

Number (did not comply—other CSP)

 

 

South Australia

Number of appointments

 

 

Number (complied)

 

 

Number (did not comply)

 

 

Number (did not comply—other CSP)

 

 

Tasmania

Number of appointments

 

 

Number (complied)

 

 

Number (did not comply)

 

 

Number (did not comply—other CSP)

 

 

Northern Territory

Number of appointments

 

 

Number (complied)

 

 

Number (did not comply)

 

 

Number (did not comply—other CSP)

 

 

Australia

Number of appointments

 

 

Number (complied)

 

 

Number (did not comply)

 

 

Number (did not comply—other CSP)

 

 

Note 1:       The information to be included in Table 6 is the information referred to in item 6 of Schedule 1.

Note 2:       In Table 6, CSP means carriage service provider.

Note 3:       In Table 6, entries in the rows marked “Number (did not comply)” must comprise all appointments referred to in subparagraph 6(1)(b)(ii) of Schedule 1, including those appointments that are taken to have been missed in that period due to acts or omissions by another carriage service provider.


Endnotes

 

Endnote 1—Legislation history

This endnote sets out details of the legislation history of the Telecommunications (Customer Service Guarantee) Record‑Keeping Rules 2011.

 

Title

FRLI registration
date

Commencement
date

Application, saving and transitional provisions

Telecommunications (Customer Service Guarantee) Record-Keeping Rules 2011

30 Sept 2011 (see F2011L01997)

1 Oct 2011

 

Telecommunications (Customer Service Guarantee) Record-Keeping Rules Amendment 2012 (No. 1)

29 June 2012 (see F2012L01436)

1 July 2012

 

 

Endnote 2—Amendment history

This endnote sets out the amendment history of the Telecommunications (Customer Service Guarantee) Record‑Keeping Rules 2011.

 

ad. = added or inserted    am. = amended    rep. = repealed    rs. = repealed and substituted    exp. = expired or ceased to have effect

Provision affected

How affected

s. 3.....................................

am. 2012 No. 1

s. 8.....................................

rs. 2012 No. 1

s. 9.....................................

rs. 2012 No. 1

s. 9A...................................

ad. 2012 No. 1

Schedule 1

 

Schedule 1........................

am. 2012 No. 1

Schedule 2

 

Schedule 2........................

am. 2012 No. 1

 

 

Endnote 3—Uncommenced amendments [none]

There are no uncommenced amendments.

 

 

Endnote 4—Misdescribed amendments [none]

There are no misdescribed amendments.