Federal Register of Legislation - Australian Government

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This instrument determines the date occurring immediately after the period ending 44 business days from the date of this notice to be the implementation date in respect of all portable services and in respect of all carriers and carriage service providers, as those terms are defined in the Numbering Plan. This date is 1 September 2017.
Administered by: Communications and the Arts
Registered 03 Jul 2017
Date of repeal 05 Jul 2017
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

Notice of the determination of implementation dates under section 106 of the Telecommunications Numbering Plan 2015

In accordance with section 107 of the Telecommunications Numbering Plan 2015 (the Numbering Plan), the Australian Communications and Media Authority (the ACMA) hereby gives notice that it has determined the date occurring immediately after the period ending 44 business days from the date of this notice to be the implementation date in respect of all portable services and in respect of all carriers and carriage service providers, as those terms are defined in the Numbering Plan. This date is 1 September 2017.

In making this determination, the ACMA has had regard to each of the matters listed in subsection 106(2) of the Numbering Plan.

Explanatory note

Under the Telecommunications Act 1997 (the Act), the ACMA must, by legislative instrument, make a plan for the numbering of carriage services in Australia and the use of numbers in connection with the supply of such services. Accordingly, the ACMA’s predecessor agency, the Australian Communications Authority (ACA), made the Telecommunications Numbering Plan 1997 (the old Numbering Plan), in December 1997. As, in accordance with the Legislation Act 2003, the old Numbering Plan was due to sunset on 1 October 2015, the ACMA made the Telecommunications Numbering Plan 2015 (the Numbering Plan), which repealed and replaced the old Numbering Plan from 1 August 2015.

Under the Act, the ACMA is required to include rules about portability in the Numbering Plan that are consistent with any directions given to it by the Australian Competition and Consumer Commission (ACCC). Further information about the directions that have been given to the ACMA from the ACCC can be found here. Relevantly, these directions required the ACMA to include numbering portability requirements in the Numbering Plan in relation to four types of portable services—local services, freephone services, local rate services and public mobile telecommunications services (other than satellite telephone services). The ACMA is also required to determine the date by which carriers and carriage service providers must implement number portability in respect of these services under the Numbering Plan.

Under the old Numbering Plan, the ACA determined the following implementation dates by which each carriers and carriage services provider must comply with the numbering portability obligations contained in the Numbering Plan:

>    local services—1 January 2000

>    freephone services and local rate services—16 November 2000

>    public mobile telecommunication services (other than satellite telephone services)—25 September 2001.

In accordance with the old Numbering Plan, carriers and carriage services providers providing these portable services were required to comply with the number portability obligations set out in Chapter 11 of the old Numbering Plan from these dates.

It has always been intended that the change from the old Numbering Plan to the Numbering Plan should have no effect on the implementation of numbering portability provisions (see the explanatory statement to the Numbering Plan. However, in order to avoid any doubt about the prospective application of the number portability provisions in the Numbering Plan, the ACMA is giving this notice and setting the implementation date of 1 September 2017 referred to above.

The ACMA notes that number portability is also governed by, and required to be provided under, three industry codes registered by the ACMA under Part 6 of the Act, being the:

>    Inbound Number Portability Industry Code C657:2015

>    Local Number Portability Industry Code C540:2013

>    Mobile Numbering Portability Industry Code C570:2009.

Those codes have applied, and continue to apply, to bind carriers and carriage service providers in relation to number portability in accordance with their terms.