This Declaration may be cited as the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997.

This Declaration commences on 1 July 1997.

In this Declaration:

ACA means the Australian Communications Authority.

ACMA means the Australian Communications and Media Authority.

allocated number means a number allocated under the authority of the numbering plan.

alternative service means a service that provides a customer with access to a telephone service.

Note An example of an alternative service is a call diversion to a mobile telephone service or to a second fixed telephone service.

Alternative Network means the mobile telecommunications network, or combination of networks, used to provide the mobile carriage services marketed by the licensee as Next G services.

call conveyancing costs means the costs associated with any additional routing and processing required within the licensee’s telecommunications network in order to transfer a call to the telecommunications network operated by Optus where the called customer has ported his or her number to Optus.

CDMA means Code Division Multiple Access.

CDMA network means the mobile telecommunications network, or combination of networks, used to provide the mobile carriage services marketed by the licensee as CDMA services.

CDMA site means:

(a) a metropolitan CDMA site; or

(b) a non-metropolitan CDMA site.

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

coverage means an area in which customers of a carrier or carriage service provider which supplies a mobile telecommunications service are ordinarily able to make or receive calls by means of that carrier’s or provider’s network.

Note It is intended that the coverage of a carrier’s or carriage service provider’s public mobile telecommunications service includes areas in which customers of that service are ordinarily able to make or receive calls by means of the carrier’s or provider’s network but, for reasons such as system or network failure or network congestion, are unable to do so from time to time.

current industry development plan has the meaning given by clause 7 of Schedule 1 to the Act.

customer transfer costs means the one‑off administrative costs incurred by the licensee for the initial transfer of a customer from the licensee’s telecommunications network to the telecommunications network operated by Optus.

customer includes the nominee of a customer.

emergency call service has the meaning given by section 7 of the Act.

emergency service means a service mentioned in paragraph (b) of the definition of emergency call service in section 7 of the Act.

enforcement agency has the meaning given by section 282 of the Act.

EVDO service means the Evolution Data Only or Evolution Data Optimized service provided via the licensee’s CDMA network.

industry development plan has the meaning given by clause 6 of Schedule 1 to the Act.

Industry Minister means the Minister for Industry, Science and Tourism.

inoperative in relation to a STS, means:

(a) an absence of dial or ring tone; or

(b) an inability to make or receive calls; or

(d) repetition of service cut off; or

(e) another condition that makes the service wholly or substantially unusable.

interim priority service means a service that satisfies the technical and functional requirements (if any) specified in a written instrument made by the ACA:

(a) that provides a customer with:

(i) a service for voice telephony; or

(ii) a service equivalent to a service for voice telephony where voice telephony is not practical for a customer with a disability;

which may or may not include at the provider’s discretion a data capability or any enhanced call handling feature; and

(b) for which that customer is, or may be, charged:

(i) an access charge that, when added to the access charge normally charged for the STS for which the interim priority service is being provided in substitution, does not exceed the amount of the access charge normally charged for the STS; and

(ii) call charges that do not exceed the call charges that are normally charged for the kind of service the interim priority service is, when the interim priority service is not supplied as an interim priority service.

Note 1 An example of the provision of an interim priority service is the provision of a terrestrial or satellite mobile telephone service (at mobile call rates) to replace a STS.

Note 2 If a customer has paid or is paying an access charge in relation to a STS, for which an interim priority service is provided in substitution, the customer is not intended to be charged an access charge for the interim priority service.

Note 3 While a customer may be charged for calls using an interim priority service at the charge normally applicable to the kind of service the interim priority service is, the licensee is not required to charge that charge.

licensee means Telstra Corporation Limited (ACN 051 775 556).

local number portability means the ability to convey portable local service numbers from the licensee’s telecommunications network to the telecommunications network operated by Optus.

local service means a carriage service that is:

(a) capable of voice telephony; and

(b) provided for receiving incoming calls, wholly or principally, at 1 fixed location where that location is in an area identifiable by the carriage service provider with which the call originates, from the number called and is:

(i) a switching facility; or

(ii) the premises occupied or used by a customer; or

(iii) in the immediate vicinity of the premises occupied or used by a customer.

location dependent carriage service means a carriage service that depends for its provision on the availability of information about the street address of the caller.

metropolitan area means a designated area described in the Schedule to the Spectrum Re-allocation Declaration No. 2 of 1997 as in force on the date the instrument was made.

metropolitan CDMA site means a base station, located in a metropolitan area, which is used as part of the CDMA network operated by the licensee.

Minister means the Minister for Communications, Information Technology and the Arts.

non‑metropolitan area means an area within Australia (other than the Territories of Christmas Island and Cocos (Keeling) Islands) that is not a metropolitan area.

non-metropolitan CDMA site means a base station, located in a non-metropolitan area, which is used as part of the CDMA network operated by the licensee.

operator assistance service means a service involving the connection of a telephone call by an operator.

operator services means:

(a) services for dealing with faults and service difficulties; and

(b) services of a kind specified in regulations made under the Act.

Optus means Optus Networks Pty Ltd (ACN 008 570 330).

portable local service number means an allocated number that is used in connection with a local service other than a paging service.

post-paid mobile service plan means a plan under which calls made using a mobile carriage service are paid for after the service is used.

pre-paid mobile service plan means a plan under which calls made using a mobile carriage service are paid for prior to the service being used.

priority assistance means those services supplied to priority customers under the priority assistance policy implemented under clause 19.

priority customer means a customer who satisfies the eligibility criteria developed under the objectives in Schedule 4.

public number means a number specified in the numbering plan as mentioned in subsection 455 (3) of the Act.

public payphone means a payphone:

(a) in a public place that is a place where the public usually has access, or usually has access except for particular hours of the day or particular days of the week; or

(b) in a prison, correctional centre, detention centre or similar facility.

PWC Report means the report by PricewaterhouseCoopers to the licensee dated March 2002, on improvements required to the provision of priority service based on an examination of the facts surrounding the maintenance and supply of service to Ms Rose Boulding.

STS means the standard telephone service supplied by the licensee in fulfilment of its universal service obligation under Part 2 of the Consumer Protection Act.

telephone handset includes other customer equipment that is supplied instead of a telephone handset to comply with the Disability Discrimination Act 1992.

the Act means the Telecommunications Act 1997.

the relevant parties means the Minister, Optus Mobile Pty Ltd (ACN 054 365 696) and Vodafone Network Pty Ltd (ACN 056 161 043).

unlisted number means a public number that is 1 of the following kinds:

(a) a mobile number, unless the customer and the carriage service provider that provides the mobile service to the customer agree that the number will be listed;

(b) a geographic number that the customer and the carriage service provider that provides services for originating or terminating carriage services to the customer agree will not be included in the directory;

(d) a number that when dialled, gives access to a private telephone exchange extension that the customer has requested not be included in the directory.

USO policy statement means the licensee’s standard policy statement under section 12K of the Consumer Protection Act as approved by the ACA on 30 October 2001.

USO standard marketing plan means the licensee’s standard marketing plan under section 12L of the Consumer Protection Act as approved by the ACA on 30 October 2001.

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

4 Application

This Declaration applies if a carrier licence is granted to Telstra Corporation Limited in the period starting on 30 June 1997 and ending at the end of 1 July 1997.

5 Industry development plan

The licensee must:

(a) within 90 days after a carrier licence is granted to the licensee:

(i) give a current industry development plan to the Industry Minister; and

(ii) obtain the Industry Minister’s approval of the plan; and

(b) comply with clauses 8, 9, 10, 11, 12, 13 and 14 of Schedule 1 to the Act as if the plan was an industry development plan under Part 2 of Schedule 1 to the Act.

6 Compliance

The licensee must comply with its obligations under clauses 7, 8, 9 and 10 to the extent made possible by the information provided by carriage service providers under clause 10 of Schedule 2 to the Act.

7 Operator services

The licensee must make operator services available to the end‑users of standard telephone services supplied by the licensee.

8 Directory assistance services

The licensee must make directory assistance services available to the end‑users of standard telephone services supplied by the licensee.

9 Alphabetical public number directory

(1) The licensee must produce an alphabetical public number directory:

(a) annually; and

(b) on substantially the same basis as the licensee produced and distributed a directory in 1997; and

(d) subject to subclause (7) — that includes all customers of carriage service providers supplied with a standard telephone service, regardless of who supplies them with that service.

(2) The licensee must arrange to publish and distribute the directory to its own customers and the customers of other carriage service providers (or the nominees of the customers).

(3) The licensee must not charge a customer of a carriage service provider for 1 standard entry.

(4) A standard entry must include:

(a) a name and address; and

(b) 1 public number that is:

(i) if requested by the customer — the customer’s mobile phone number; or

(ii) the customer’s geographic number.

Note The ACA may give written directions to the licensee under section 581 of the Act about complying with this subclause (eg promotion of a customer’s choice, if the customer receives multiple services, in the identification of the entry that is to be treated as a standard entry).

(5) The licensee must include in the directory a customer’s facsimile number if asked by the customer.

(6) The licensee must provide entries in the directory, and services for not including details of a customer in the directory, for a customer of another carriage service provider on conditions that are no less favourable than for a customer of the licensee.

(7) The licensee must ensure, to the greatest extent practicable, that the directory does not include details of a customer whose number is an unlisted number.

(8) The licensee must ensure, to the greatest extent practicable, that it does not promote the licensee’s carriage services or other goods and services unrelated to the directory entry during any contact it has with a customer of another carriage service provider for purposes related to the provision of services in a directory.

(9) The directory must be provided without charge to a customer:

(a) as a book; or

(b) if the customer agrees — in another form.

Note It is intended to make sure the licensee maintains an updated version of the current White Pages directory and makes it available to its own customers and the customers of other carriage service providers (or the nominees of the customers) on substantially the same basis as the White Pages have been produced and distributed before the licence came into force.

10 Integrated public number database

(1) The licensee must establish and maintain an industry‑wide integrated public number database to provide information for purposes connected with the following activities:

(a) providing directory assistance services;

(b) providing operator services or operator assistance services;

(d) providing location dependent carriage services;

(e) the operation of emergency call services or assisting emergency services under Part 12 of the Act;

(f) assisting enforcement agencies or safeguarding national security under Part 14 of the Act;

(g) any other activities specified by the ACA by written notice to the licensee.

Note A public number directory includes classified business directories like the Yellow Pages and specialist trade directories.

(2) The licensee must comply with subclause (1) before:

(a) 1 July 1998; or

(b) if an earlier date is specified by the ACA in the Gazette — that date.

(3) The licensee may use the database, and any information derived from it, only for the purposes mentioned in subclause (1).

Note The ACA may give written directions to the licensee under section 581 of the Act about complying with this subclause (eg how it will control transfer of information to and from the database and restrictions it will place on access by its employees).

(4) The database must include, for each public number of a customer of each carriage service provider:

(a) the public number; and

(b) the name of the customer; and

(d) the service location, if practicable; and

(e) the name of the carriage service provider that provides:

(i) services for originating or terminating carriage services to the customer; or

(ii) public mobile telecommunications services to the customer; and

(f) whether the telephone is to be used for government, business, charitable or private purposes, if practicable; and

(g) any other information required by the ACA by written notice to the licensee.

(5) The database must show if a telephone number is an unlisted number.

(6) The database must include, for each payphone, its public number and location.

(7) If a carriage service provider asks for access to information from the database, the licensee must give access only for the purpose of helping the provider:

(a) to provide its own directory assistance services; or

(b) to provide its own operator services or operator assistance services; or

(d) to provide its own location dependent carriage services; or

(e) to provide information for the operation of emergency call services or assisting emergency services under Part 12 of the Act; or

(f) to provide information for assisting enforcement agencies or safeguarding national security under Part 14 of the Act; or

(g) to provide services connected with the matters mentioned in paragraphs (a), (b), (c) and (d); or

(h) to undertake any other activities specified by the ACA by written notice to the licensee.

(8) The licensee must give information from the database, about its own customers and customers of other carriage service providers, that is required under subsection 313 (3) or (4) of the Act.

Note Section 314 of the Act deals with conditions that apply when information is given.

(9) Access under subclause (7) is subject to:

(a) conditions:

(i) agreed between the parties; or

(ii) if the parties do not agree — determined by an arbitrator appointed by the parties; or

(iii) if the parties do not agree on the appointment of an arbitrator — determined by the ACCC; and

(b) Part 13 of the Act.

(10) For a determination of price or price‑related conditions under subparagraph (9) (a) (ii) or (iii), an arbitrator or the ACCC must consider only:

(a) the direct costs (including labour and direct administration costs) incurred by the licensee in complying with subclause (7); and

(b) a reasonable contribution to a normal return on the capital expended in establishing and maintaining the integrated public number database.

(11) A request under subclause (7) may be:

(a) a single request; or

(b) part of a continuing arrangement between the licensee and the provider.

(12) A request under subclause (8) may be:

(a) a single request; or

(b) part of a continuing arrangement between the licensee and the officer or authority that makes the request.

11 Differential charging conditions

(1) If the licensee supplies a rental telephone handset with a standard telephone service, the licensee must differentiate between:

(a) its charge for initial supply of the telephone handset; and

(b) its charge for a connection of the telephone handset at the customer’s premises; and

(d) its annual charge for supplying the telephone handset; and

(e) its annual service charge for supplying the standard telephone service.

13 Local number portability

(1) Subject to this clause, the licensee must ensure, at its own cost, that its telecommunications network is capable of providing local number portability.

(2) Subject to this clause, the licensee must:

(a) if so requested by Optus; and

(b) as soon as practicable after Optus’s request is received;

provide local number portability in relation to portable local service numbers specified by Optus in its request.

(3) The licensee is not required to comply with subclause (2) unless Optus agrees:

(a) to pay the licensee for customer transfer costs on terms and conditions:

(i) agreed between the licensee and Optus by 1 April 1998; or

(ii) failing agreement, determined by the ACCC by 1 May 1998; and

(b) to contribute to the licensee’s call conveyancing costs at the level of one cent per call.

(4) Subject to subclauses (5) and (9), the licensee must comply with:

(a) subclause (1) by 1 May 1998 and at all times on and after 1 May 1998; and

(b) subclause (2) at all times on and after 1 May 1998.

(5) The ACA may, by instrument in writing:

(a) determine that it is unreasonable to expect the licensee to comply with subclauses (1) and (2) by the date and times referred to in subclause (4); and

(b) specify a later compliance date and later compliance times for subclause (4).

(6) If the ACA makes a determination under subclause (5), the licensee must comply with subclauses (1) and (2) on such date and times as are specified in the determination.

(7) In determining whether it is unreasonable to expect the licensee to comply with subclauses (1) and (2) by the date and times referred to in subclause (4), the ACA must have regard to whether the licensee’s inability to comply is directly or substantially attributable to:

(a) Optus’s level of co‑operation in the development and implementation of arrangements necessary to provide for local number portability; or

(b) significant events of a technical or engineering nature that the licensee could not have reasonably anticipated.

(8) Subclause (7) is intended to limit the matters to which the ACA may have regard for subclause (5).

(9) The ACA may, by instrument in writing, determine that it is unreasonable to expect the licensee to comply with subclauses (1) and (2) in certain areas currently served by exchanges where, in its opinion, providing local number portability is not technically feasible.

(10) A determination under subclause (9) may be unconditional or subject to such conditions (if any) as are specified in the determination.

(11) For subclause (9), in determining whether it is unreasonable to expect the licensee to comply with subclauses (1) and (2), the ACA may only have regard to whether the licensee’s inability to comply is directly attributable to the technical feasibility of providing local number portability from a particular exchange.

14 Cessation of clause 13

If the numbering plan in force from time to time requires the licensee to provide number portability or limited portability (within the meaning of that plan) in relation to portable local service numbers, clause 13 will cease to have effect at the earlier of the time when:

(a) the licensee and Optus agree, in accordance with section 462 of the Act, on the terms and conditions on which the licensee will provide number portability or limited portability in relation to portable local service numbers; or

(b) these terms and conditions are determined under section 462 of the Act by:

(i) an arbitrator appointed by the licensee and Optus; or

(ii) the ACCC.

15 Replacement of CDMA network

(1) The licensee must continue to maintain the operation of its entire CDMA network until the Minister notifies the licensee that the Minister is satisfied that:

(a) the Alternative Network provides coverage equivalent to or better than the coverage provided by the licensee’s CDMA network that was in place as at 1 June 2007; and

(b) the Alternative Network provides retail services equivalent to or better than those provided on or in connection with the licensee’s CDMA network as at 1 June 2007.

(2) Subclause (1) does not apply:

(a) where, on or after 15 October 2007, the licensee gives the Minister written notification that, in the opinion of the licensee, the Alternative Network meets the standards mentioned in paragraphs (1) (a) and (b); and

(b) within whichever is the earlier of:

(i) 14 weeks of the date on which a request is received under paragraph (2) (a);or

(ii) 3 weeks of the date on which the Minister receives a report from ACMA on whether the Alternative Network meets the standards referred to in paragraph (1) (a),

the Minister has not:

(iii) notified the licensee that the Minister has determined that the Minister is satisfied of the matters mentioned in paragraphs (1) (a) and (b); or

(iv) notified the licensee that the Minister has determined that the Minister is not satisfied of the matters mentioned in paragraphs (1) (a) and (b) and the reasons for this determination, including but not limited to, any specific or systemic problems which have been identified and which would need to be rectified by the licensee in order for the Minister to be satisfied of the matters mentioned in paragraphs (1) (a) and (b).

(3) Subclause (1) does not apply:

(a) where the licensee receives a notification referred to in subparagraph (2) (b) (iv) or subparagraph (3) (b) (ii), and makes a further request to the Minister to determine whether the Minister is satisfied of the matters mentioned in paragraphs (1) (a) and (b); and

(b) as soon as practicable after receiving a request under paragraph (3) (a), the Minister has not:

(i) notified the licensee that the Minister has determined that the licensee has rectified all of the problems described in a notice referred to in paragraph (2) (b) (iv) and that the Minister is satisfied of the matters mentioned in paragraphs (1) (a) and (b); or

(ii) notified the licensee that the Minister has determined that the licensee has not rectified all of the problems described in a notice referred to in subparagraph (2) (b) (ii) and that the Minister is not satisfied of the matters mentioned in paragraphs (1) (a) and (b) and the reasons for this determination, including but not limited to, any rectification action that would still need to be taken by the licensee in order for the Minister to be satisfied of the matters mentioned in paragraphs (1) (a) and (b).

(4) If the Minister notifies the licensee that the Minister is satisfied of the matters mentioned in paragraphs (1) (a) and (b) and the licensee ceases to maintain the operation of the whole or part of its CDMA network, the licensee must ensure that it operates in non-metropolitan areas one or more terrestrial digital mobile telecommunications networks which provide coverage in non-metropolitan areas that is equivalent to or better than that of its CDMA network that was in place as at 1 June 2007.

(5) The licensee is not required to comply with an obligation under subclause (1) or (4) in relation to a particular CDMA site if the licensee is unable to comply with that obligation in relation to that site because of circumstances beyond its reasonable control.

(6) The licensee is not required to comply with subclause (4) in relation to a particular non-metropolitan area in which another carrier or carriage service provider operates a terrestrial digital mobile telecommunications network that ACMA has certified in writing provides, within the meaning of subclause (4), equivalent coverage provided by a non-metropolitan CDMA site.

(7) For the purposes of this clause:

(a) the existence of equivalent or better coverage is to be determined having regard to:

(i) the area that a signal emitted from a base station covers as it is propagated around the base station; and

(ii) the extent to which a signal emitted from a base station is of sufficient strength to enable the connection and maintenance of voice calls using only an appropriate handheld mobile phone handset; and

(iii) the extent to which a signal emitted from a base station is of sufficient strength to enable the connection and maintenance of voice calls using an appropriate mobile phone used in connection with an external aerial; and

(b) the existence of equivalent or better services is to be determined having regard to:

(i) the range of functions the services are capable of performing, including but not limited to, the functions of EVDO services and CDMA-based telemetry services; and

(ii) the availability of the services and necessary customer equipment, including handsets, to retail customers; and

(iii) the availability of pre-paid mobile service plans and post-paid mobile service plans; and

(iv) any other relevant services.

17 Provision of information to CUSPs and aspirant CUSPs

(1) In this clause:

aspirant CUSP means a person that:

(a) is considering applying to the ACA under section 13A of the Consumer Protection Act for approval as a competing universal service provider for a contestable area; and

(b) has completed, signed and provided to the licensee and the ACA a deed poll of a kind specified in Schedule 3.

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

contestable area means an area determined under section 9G of the Consumer Protection Act as a universal service area in which a service obligation referred to in section 9 of that Act has been made contestable under section 11C of that Act.

CUSP means competing universal service provider.

disallowable instrument means an instrument that is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

(2) Subject to this clause, the licensee must provide a CUSP or an aspirant CUSP, on request, with the following information for a contestable area which the CUSP or aspirant CUSP has specified in its deed poll:

(a) such information specified in Schedule 2 as is specifically requested by the CUSP or aspirant CUSP in the format specified in that Schedule relating to the specified contestable area; and

(b) any other information requested by the CUSP or aspirant CUSP relating to the contestable universal service area specified in the deed poll that:

(i) is in the possession or control of the licensee by virtue of the licensee being or having been since 1 July 2000 a universal service provider in the area comprising all or part of the specified contestable area; and

(ii) in the case of an aspirant CUSP, would assist the aspirant CUSP to decide whether to enter the identified universal service contestable area as a CUSP; and

(iii) in the case of a CUSP or aspirant CUSP, inform the CUSP or aspirant CUSP about operating as a CUSP in that area.

Note Under subclause (5) a request under paragraph (2) (b) must be reasonable.

(3) The licensee is not required to provide the information referred to in subclause (2) to a CUSP or an aspirant CUSP unless the CUSP or aspirant CUSP provides the licensee and the ACA with a completed and signed copy of:

(a) any deed poll that is determined by the ACA by disallowable instrument from time to time; or

(b) if no deed poll is determined by the ACA under paragraph (a), the deed poll in Schedule 3.

(4) The licensee must provide the CUSP or aspirant CUSP with the information referred to in paragraph (2) (a) free of charge and:

(a) within 28 days after the licensee receives the request for the information; or

(b) if the information is of a kind that the licensee has previously prepared to provide to another CUSP or aspirant CUSP, within 5 days after the licensee receives the request for the information; or

Note For the purposes on this subclause, under subclause (9) the licensee must keep a register of information prepared and provided to CUSPs and aspirant CUSPs pursuant to clause 17 and provide to the ACA a copy of such information as is provided.

(5) Providing the requirements of subclause (3) are met and the request under paragraph (2) (b) is reasonable, the licensee must comply with the request.

Note In the event that the licensee disputed the reasonableness of a request, the reasonableness of the request would be a matter determined by the ACA under its functions under section 6 of the Australian Communications Authority Act 1997 of:

(a) regulating telecommunications in accordance with the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999; and

(b) advising and assisting the telecommunications industry.

(6) Where the licensee provides information under paragraph (2) (a), the licensee may:

(a) require the information to be returned to it after 180 days of its receipt by the CUSP or aspirant CUSP; or

(b) provide for its automatic deactivation after 180 days of its receipt by the CUSP or aspirant CUSP;

unless:

(d) in the case of an aspirant CUSP, before the expiry of the 180 days the aspirant CUSP lodges an application to become a CUSP, in which case the aspirant CUSP may keep the information relevant to the universal service area for which it has sought approval as a CUSP until the ACA approves or refuses to approve the person as a CUSP; or

(e) in the case of an CUSP, the ACA approves the person as a CUSP, in which case the CUSP may keep information relevant to the universal service area for which it has received approval until it ceases to be a CUSP.

(7) The licensee is not exempt from providing the same information to a CUSP or an aspirant CUSP even though the licensee may have provided it to the CUSP or aspirant CUSP previously and the information has been subsequently returned or deactivated.

(8) The licensee must provide the CUSP or aspirant CUSP with the information referred to in paragraph (2) (b) relating to the contestable universal service area specified in the deed poll on such terms and conditions as are:

(a) agreed between the licensee and the CUSP or aspirant CUSP; or

(b) failing agreement, determined by a mediator agreed by both parties; or

(9) The licensee must:

(a) maintain a register of information provided to CUSPs and aspirant CUSPs under this clause;

(b) advise the ACA of information it provides to CUSPs and aspirant CUSPs; and

(c) provide a copy of information provided to CUSPs or aspirant CUSPs to the ACA for the confidential use of the ACA, the Minister for Communications, Information Technology and the Arts and the Department of Communications, Information Technology and the Arts.

18 Obligations in relation to the Extended Zones

(1) In this clause:

Always‑on Service has the same meaning as in the Agreement.

Agreement means the agreement entitled ‘Agreement for the provision of untimed local calls, untimed Internet access and other carrier services to Extended Zones’ dated 1 June 2001 between the Commonwealth and the licensee, as amended from time to time.

BPS Service has the same meaning as in the Agreement.

cessation time means the earlier of:

(a) the date of termination of the Agreement, not being a termination for convenience in circumstances where $150 million has been paid to the licensee under the terms of the Agreement; and

(b) the end of 31 May 2011.

Extended Zone has the same meaning as in the Agreement.

Phase 2 of the Network Upgrade has the same meaning as in the Agreement.

(2) Beginning on a date in accordance with the indicative timetable for delivery specified in section 5.3 of Schedule 1 to the Agreement the licensee must:

(a) continue to make available to Extended Zone customers an always‑on Internet service in accordance with section 5.1 of Schedule 1 to the Agreement; and

(b) achieve the service levels for the Always‑on Service specified in section 5.2 of Schedule 1 to the Agreement.

(3) Beginning on the earlier of:

(a) 15 April 2003; and

(b) the date of completion of Phase 2 of the Network Upgrade under section D of Schedule 1 to the Agreement,

the licensee must provide new service connections in the Extended Zones in accordance with section 6.1 (a) (i) of Schedule 1 to the Agreement.

(4) The licensee must continue to support and resource or, where applicable, provide the customer support services referred to in sections 7.1 (a) and 7.1 (c) (vi) of Schedule 1 to the Agreement.

(5) Beginning on 31 December 2002 the licensee must make available the customer support services referred to in sections 7.1 (b) and 7.1 (c) (i) to (v) of Schedule 1 to the Agreement.

(6) Beginning on the date of completion of Phase 2 of the Network Upgrade in an Extended Zone customer’s area under section D of Schedule 1 to the Agreement, the licensee must provide to customers in that area the faster dial‑up data access speeds services referred to in section 9.1 of Schedule 1 to the Agreement in accordance with the timeframe and conditions referred to in that section.

(7) Once the licensee has made the BPS available to customers in an Extended Zone in accordance with section 5.3 of Schedule 1 to the Agreement, the licensee must, subject to the necessary software being available, offer to those customers in that Extended Zone who subscribe to the BPS Service the content development and education services referred to in sections 10.1 (a) and (c) of that Schedule.

(8) Beginning on 1 July 2002 the licensee must make available to Extended Zone customers who subscribe to the BPS Service the video conferencing services referred to in section 11.1 of Schedule 1 to the Agreement.

(9) The licensee must provide reports in accordance with clause 14 and Schedule 6 to the Agreement.

(10) The licensee must include the information specified in clause 14.2 (a) (2) of the Agreement in:

(a) the Telstra Public Switched Telephone Service (PSTS) Section of the document known as the Telstra Standard Form of Agreement as in force or existing from time to time; or

(b) individual agreements with customers in the Extended Zones.

(11) Once the licensee has completed Phase 2 of the Network Upgrade in an Extended Zone in accordance with section D of Schedule 1 to the Agreement the licensee must, in that Extended Zone, achieve the service levels referred to in section 17.3 (b) (iii) of that Schedule.

(12) The obligations in relation to the Extended Zones provided for in this clause end at the cessation time.

(13) The obligations of the licensee provided for in this clause are subject to:

(a) clause 7 of the Agreement; and

(b) any amendments to those obligations agreed between the Commonwealth and the licensee.

19 Priority assistance arrangements

(1) In this clause, clause 21 and Schedule 4, and the definitions of alternative service, interim priority service, and priority customer in clause 3:

customer means:

(a) a customer of the licensee; or

(b) a person who requests, or has requested, the connection of a STS from the licensee, and to whom the licensee has an obligation to provide a STS or is willing to provide a STS;

but does not include a carrier or a carriage service provider.

(2) Subject to this clause, the licensee must implement arrangements for maximising service continuity to priority customers. As part of these arrangements the licensee must:

(a) develop, implement and maintain a documented priority assistance policy; and

(b) develop, implement and maintain processes, systems and practices to ensure that priority customers can be identified and provided with priority assistance in accordance with the licensee’s priority assistance policy.

(3) In developing a priority assistance policy for priority customers under subclause (2) the licensee must:

(a) consult with the Department of Communications, Information Technology and the Arts and ACMA; and

(b) ensure that the priority assistance policy adequately addresses all of the objectives set out in Schedule 4; and

(c) review the licensee’s other relevant policies and systems including its Community, Essential and Emergency Service Policy, to ensure that they are consistent with the priority assistance policy.

Note The licensee’s Community, Essential and Emergency Service Policy is a draft internal Telstra document, Policy 008 737, January 2002.

(4) The licensee must receive approval from the Minister of its priority assistance policy before it will be taken to have complied with the obligation in paragraph (2) (a), but may implement its policy prior to approval being received. The Minister may, by written notice:

(a) require the licensee to make changes to that policy prior to giving his approval; or

(b) require the licensee to make changes to the timeframes for implementing that policy.

(5) If a priority assistance policy of the licensee has been approved by the Minister the policy may be varied from time to time by:

(a) the licensee providing the Minister with a draft variation to the policy and the Minister or his delegate approving that variation; or

(b) the Minister giving the licensee a written notice requiring the licensee within a specified period and in specified terms to provide the Minister with a draft variation to the policy and the Minister or his delegate approving that variation.

Note It is intended that variations of a substantial policy nature require the approval of the Minister. Corrections of a minor administrative or typographical nature can be made by the licensee without approval of the Minister but should be recorded and notified to ACMA.

(6) The licensee must comply with a written notice that is given to it under paragraph (4) (a), (4) (b) or (5) (b).

(7) After receiving approval for all parts of the priority assistance policy from the Minister, the licensee must:

(a) provide a draft variation of its USO policy statement and USO standard marketing plan to ACMA for approval as the licensee’s approved USO policy statement and approved USO standard marketing plan under section 12W of the Consumer Protection Act; and

(b) ensure that each of the draft variations under paragraph (a) includes a brief statement accurately summarising the licensee’s obligations under the final priority assistance policy and describing any relationship between the priority assistance policy and other elements of the USO standard marketing plan and that the USO standard marketing plan includes as an appendix a copy of the final priority assistance policy; and

(8) The licensee must, in conjunction with ACMA, develop a record keeping and reporting regime in relation to priority service arrangements and provide information to ACMA on a quarterly basis, or such other times as notified to the licensee by ACMA, including:

(a) the number of applications for registration as priority customers received; and

(b) the proportion of applications accepted; and

(d) the number of requests for priority assistance connections in urban, rural and remote areas; and

(e) the proportion of requests for priority assistance connections in urban, rural and remote areas meeting the priority assistance policy service connection fulfilment objectives; and

(f) the number of requests for priority assistance service restoration in urban, rural and remote areas; and

(g) the proportion of requests for priority assistance service restorations in urban, rural and remote areas meeting the priority assistance policy service restoration objectives; and

(h) the proportion of requests for priority assistance satisfied with interim or alternative services (connections and restorations); and

(i) the number of priority customers experiencing 2 or more faults in a 3 month period during which they were a priority customer; and

(j) details of requests for priority assistance in relation to which the licensee has been unable to meet the timeframes specified in:

(i) subparagraph (a) (i) or (a) (ii) of item (13) of Schedule 4;

(ii) subparagraph (b) (i) or (b) (ii) of item (13) of Schedule 4;

(iii) subparagraph (a) (i) or (a) (ii) of item (14) of Schedule 4;

(iv) subparagraph (b) (i) or (b) (ii) of item (14) of Schedule 4;

including an explanation of the circumstances (including location, time and duration) that have prevented the timeframes being met.

(9) In the period before the licensee has implemented its priority assistance policy fully, the licensee must put in place interim arrangements reasonably expected to maximise service continuity to known priority customers.

21 Exemptions from the Customer Service Guarantee

(1) In this clause:

CSG Standard means the Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2) made under sections 115, 117, 120 and 125 (3) (a) of the Consumer Protection Act.

(2) The licensee may not rely on an exemption under subsection 22 (1) of the CSG Standard from complying with a performance standard under Part 2 of the CSG Standard with which a carriage service provider must comply unless:

(a) in the case where notice of the exemption is issued under section 23 of the CSG Standard, the notification described under subsection 23 (2) of the CSG Standard is posted to each customer to whom the exemption relates in the shortest possible time, but in any event no later than 4 working days after the day on which the exemption takes effect; or

(b) in the case where notice of the exemption is issued under section 24 of the CSG Standard:

(i) the notification referred to in paragraph 24 (1) (a) of the CSG Standard is published in the shortest possible time, but in any event the request for the notice to be published must be sent to a relevant newspaper publisher no later than 4 working days after the day on which the exemption takes effect; and

(ii) the notification described under paragraphs 24 (1) (b) and (c) of the CSG Standard is provided and published, respectively, in the shortest possible time, but in any event no later than 3 working days after the day on which the exemption takes effect.

(3) Where the licensee proposes to rely on an exemption under subsection 22 (1) of the CSG Standard from complying with a performance standard under Part 2 of the CSG Standard with which a carriage service provider must comply, the licensee must ensure that:

(a) any information provided to the ACA, the Telecommunications Industry Ombudsman and affected customers in relation to an outage, includes a precise description of the number ranges and geographic area affected and the reason for the outage; and

(b) any affected priority customers which contact the licensee are advised of any exemptions in place which apply to their phone service on contacting the licensee; and

(c) the exemption under subsection 22 (1) of the CSG Standard is only issued for areas that are affected by the cause of the outages or affected by the need to move staff or equipment from another associated area to attend the outage.

Note Unless otherwise specified, this clause applies to the use of exemptions from the CSG Standard for all customers of the licensee and is not limited to priority customers.

22 Low‑income measures

(1) By 1 July 2002, the licensee must offer, or have a plan for offering, products and arrangements to low‑income customers (the low‑income package) that has been:

(a) endorsed by low‑income consumer advocacy groups; and

(b) notified in writing to the ACA.

(2) The low‑income package must include details of the dates by which products or arrangements not offered to low‑income customers from 1 July 2002 will be offered to such customers.

(3) The licensee must comply with the low‑income package as in force or existing from time to time.

(4) The licensee must maintain and adequately resource a Low‑income Measures Assessment Committee (LIMAC), comprising representatives of such organisations as are approved by the Minister in writing from time to time.

(5) The role of LIMAC will be:

(a) to assess proposed changes to the low‑income package or to the marketing plan for the low‑income package; and

(b) to report annually to the Minister on the effectiveness of the low‑income package and of its marketing by the licensee.

(6) From 1 July 2002, the licensee must have in place a marketing plan for making low‑income consumers aware of the low‑income package, being a plan that has been approved by LIMAC.

(7) The licensee must seek and consider the views of LIMAC before it makes any significant change to the low‑income package.

Note It is intended that the licensee may make minor non‑substantive changes to the low‑income package (such as minor editorial or typographical corrections) without having to seek and consider the views of LIMAC. LIMAC is to be consulted on other proposed changes to the low‑income package.

(8) If the licensee makes a significant change to the low‑income package, the licensee must give the ACA a revised version of the package incorporating the change.

23 Obligations in relation to the provision of mobile phone services to towns with populations over 500

(1) In this clause:

Actual Acceptance Date has the same meaning as in the Agreement.

Agreement means the Deed of Agreement dated 3 April 2002, as amended from time to time, between the Commonwealth and the licensee in relation to the provision of funding for mobile phone coverage in Designated Towns with populations over 500.

Coverage has the same meaning as in the Agreement.

Designated Town has the same meaning as in the Agreement.

Operational Coverage Map has the same meaning as in the Agreement.

Roaming has the same meaning as in the Agreement.

Services has the same meaning as in the Agreement.

(2) In this clause, a reference to the date on which the Services come into operation is a reference to the date on which the acceptance of the Services is completed as specified in item 2.11 of Schedule 1 of the Agreement.

(3) On or after the date on which the Services come into operation in each Designated Town, the licensee must:

(a) provide mobile telephone services to each Designated Town; and

(b) ensure that the area of Coverage in public coverage maps issued by the licensee after the provision of the Operational Coverage Maps is at least equal to the coverage shown in the Operational Coverage Maps; and

(c) provide Coverage in accordance with Schedule 1 of the Agreement and the area shown in the Operational Coverage Maps; and

(d) provide for complaints handling and reports on complaints handling as provided for in Item 2.12 of Schedule 1 of the Agreement and Item 1.1 (c) (iv) of Schedule 7 of the Agreement.

(4) On or after the Actual Acceptance Date, the licensee must, in relation to each Designated Town:

(a) make offers of Roaming (where applicable) as provided for in Item 2.8 of Schedule 1 of the Agreement; and

(b) maintain and upgrade service levels to the same standard that is generally available to the rest of the licensee’s network; and

(d) provide continued opportunities for Australian and New Zealand suppliers under the conditions that apply to the Agreement; and

(e) provide the reports specified in Item 4 of Schedule 7 of the Agreement.

(5) Paragraph (3) (a) will continue, subject to applicable legislation:

(a) for a period of 5 years; and

(b) for a further period of 5 years unless the Commonwealth agrees (with the Commonwealth not to unreasonably withhold its consent) that external technological and/or regulatory changes make it commercially impracticable or unviable for the licensee to provide the Services in a Designated Town or which otherwise require the licensee to review the method by which mobile telephone coverage is provided in the Designated Town.

(6) Paragraphs (3) (b), (3) (c), (3) (d) and subclause (4) will continue until the date that is 5 years from the Actual Acceptance Date.

(7) The obligations of the licensee under this clause are subject to:

(a) clause 7 of the Agreement; and

(b) any amendments to those obligations agreed between the Commonwealth and the licensee.

24 Network reliability framework — definitions and general requirements

(1) In this clause and in clauses 25, 26 and 27:

ACA’s Report on USO Service Reliability means the report of the ACA entitled ACA monitoring and reporting framework for USO service reliability that was released publicly on 16 July 2002.

average network event volume, in relation to a cable run, means a figure representing the average number of network events, calculated from the total number of network events on that cable run over a continuous six calendar month period or such other period as is notified by ACMA to the licensee.

boundary of the licensee’s telecommunications network means the boundary for the purposes of section 22 of the Act.

cable run means a set of facilities that:

(a) is logically located between a particular exchange and the boundary of the licensee’s telecommunications network; and

(b) includes at least one set of 10 or 100 (as the case may be) copper wire pairs within a physical cable sheath.

CSG service has the same meaning as in the Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2) when provided to a customer of the licensee but does not include a service the supply of which by the licensee is exempt from compliance with performance standards under section 19 of that Standard.

customer means a customer of the licensee but does not include a carrier or a carriage service provider.

ESA means a Telstra Exchange Service Area specified in Attachment 7A to the Telstra Public Switched Telephone Service (PSTS) Section of the document known as the Telstra Standard Form of Agreement as in force or existing from time to time.

ESA category means a category of ESA referred to in Table 1 of subclause 26 (1).

fault or service difficulty, in relation to a CSG service, has the same meaning as in the Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2).

FSA means:

(a) an area that the licensee treated as a Field Service Area as at 21 November 2002; or

(b) another area as agreed in writing between the licensee and ACMA from time to time.

geographical locator, in relation to:

(a) a CSG service, means the location of the service in the licensee’s database sufficient to direct service staff of the licensee to the location of the service; and

(b) an ESA, means the ESA‑code.

network event means a fault or service difficulty in a cable run in relation to a standard telephone service supplied to a customer of the licensee but does not include a fault or service difficulty caused by:

(a) faulty customer equipment;

(b) third party damage to facilities of the licensee;

(d) one or more fault or service difficulties within switching or transmission systems.

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

remediation means work done in relation to a service over and above that normally undertaken to repair a fault or service difficulty with a view to:

(a) addressing systematic problems with the service (for example, the root cause or causes of recurrent problems) and improving the overall reliability of the service; and

(b) eliminating one or more recurrent fault or service difficulties.

(2) The licensee must provide any information or report (however described) that is required to be provided to ACMA under any provision in clause 25, 26 or 27 in the form approved by ACMA for the purposes of the provision in question.

(3) For the purposes of subclause 26 (1), the relative performance of cable runs is to be assessed by a method approved in writing by ACMA.

25 Monitoring and reporting at the Field Service Area (FSA) level

(1) The licensee must, within 10 working days of the end of each calendar month, or such other timeframe as ACMA agrees in writing, provide a report and supporting data to ACMA on:

(a) the percentage of CSG services in each FSA and nationally without any fault or service difficulty for the preceding calendar month; and

(b) the average availability of CSG services, as a percentage of total possible available time, in each FSA and nationally for the preceding calendar month.

(2) The supporting data must include the following data for the preceding calendar month at a national level and for each FSA:

(a) total CSG services in operation;

(b) the number of CSG services that had one or more fault or service difficulties;

(c) the number of CSG services that had one or more fault or service difficulties, adjusted to be equivalent to a 31 day month;

(d) the percentage of CSG services without a fault or service difficulty;

(e) the percentage of time that CSG services are available; and

(f) the total time taken to repair all CSG fault or service difficulties.

(3) The licensee must:

(a) publish the report mentioned in subclause (1) within 20 working days of the end of each calendar month or such other timeframe as ACMA agrees in writing; and

(b) provide the report and supporting data mentioned in subclauses (1) and (2) to ACMA for publication by ACMA if ACMA, following consultation with the licensee, considers the report and supporting data appropriate for publication.

26 Monitoring, remediation and reporting at the Cable Run level

(1) Each calendar month, the licensee must:

(a) prepare a remediation list which:

(i) contains a minimum of 40 cable runs selected using the method in Table 2 below; and

(ii) specifies the average network event volume, unique identification details, the ESA code and the performance ranking for each cable run; and

(b) give the list to ACMA within 15 working days of the end of each calendar month.

Table 1
ESA category	A	B	C	D
Number of operational CSG services	0‑100	101‑1000	1001‑10 000	10 001 or more

Table 2
Step 1	Exclude from eligibility for selection any cable runs that were included in a previous remediation list, unless remediation undertaken in relation to that cable run under this clause has resulted in a 90% reduction in the annual network event volume for that cable run.
Step 2	Select at least the 5 worst performing cable runs from ESA Category A.
Step 3	Select at least the 15 worst performing cable runs from ESA Category B.
Step 4	Select at least the 10 worst performing cable runs from ESA Category C.
Step 5	Select at least the 10 worst performing cable runs (regardless of ESA Category) not already included under earlier steps.

(2) On receipt of a remediation list under subclause (1), ACMA may:

(a) approve the list; or

(b) refuse to approve the list.

(3) If ACMA refuses to approve the remediation list, ACMA must direct the licensee to give ACMA a fresh remediation list within 5 working days. ACMA’s direction must have regard to the requirements of subclause (1).

(4) If ACMA decides to approve a remediation list, it must notify the licensee of its decision and the licensee must, within 6 calendar months of receipt of the notification, or such longer period as ACMA agrees in accordance with subclause (5), complete the remediation in relation to each of the cable runs on the list.

(5) If so requested by the licensee, in writing, ACMA may extend or further extend the period for the completion of remediation by a further period of up to 6 calendar months if the licensee satisfies ACMA that:

(a) the licensee is unable to gain access to the sites necessary to plan and implement the remediation for 4 of the 6 calendar months available for the licensee to complete the remediation; or

(b) the operation of Commonwealth, State or Territory law prevents the licensee from completing the remediation within the 6 calendar month period; or

(c) the licensee is unable to obtain materials necessary for the remediation and ACMA has approved a written plan to provide services to all affected customers.

(6) Any request by the licensee for an extension under subclause (5) must be made to ACMA:

(a) if paragraph (5) (a) applies, or the licensee reasonably expects that paragraph (5) (a) will apply — at least 20 working days before the end of the current period allowed for remediation; or

(b) if paragraph (5) (b) or (c) applies — within 15 working days of the licensee becoming aware of the operation of the law or the licensee’s inability to obtain necessary materials, as the case may be.

(7) ACMA must give the licensee written notice of its decision under subclause (5) within 15 working days of receipt of the licensee’s written request under subclause (6).

(8) Within 10 working days of the end of each calendar month ending after the end of six calendar months following the completion of the remediation of one or more cable runs, the licensee must report in writing to ACMA whether the licensee has achieved a 90 per cent reduction in the average network event volume for each of the cable runs. The report must include details of any reduction in the average network event volume for each of the cable runs.

(9) If the licensee has not achieved a 90 per cent reduction in the average network event volume for each of the cable runs, the report under subclause (8) must be accompanied by either:

(a) a fresh written remediation plan specifying:

(i) what remediation the licensee has undertaken in relation to each of the relevant cable runs;

(ii) the reasons why the previous remediation failed;

(iii) a summary of the fault or service difficulties occurring after the previous remediation; and

(iv) what further remediation the licensee plans to take in relation to each of the relevant cable runs; or

(b) a written application to ACMA to waive the requirement for a fresh remediation plan (a waiver application).

(10) If a waiver application is made, ACMA must notify the licensee of its decision on the application within 15 working days after ACMA receives the application.

(11) If ACMA approves a waiver application, then no further remediation is required under this clause unless the cable run is included in a future remediation list approved by ACMA under subclause (2).

(12) If ACMA does not approve a waiver application, then the licensee must provide to ACMA a further fresh written remediation plan satisfying the requirements of paragraph (9) (a) within 30 working days after the licensee’s receipt of ACMA’s notice under subclause (10).

(13) Unless ACMA approves a waiver application, the licensee must continue to undertake remediation action until there is, within 12 calendar months after receipt of the notification under subclause (10) or ACMA’s receipt of a fresh remediation plan under paragraph (9) (a), a 90 per cent reduction in the average network event volume. This reduction cannot be measured from earlier than the completion of the remediation referred to in subclause (4).

(14) Within 20 working days of the end of each financial year, the licensee must provide a written report to ACMA about remediation conducted under this clause in that financial year which includes:

(a) a single figure for the total number of services affected by either that remediation or by the remediation of other cable runs referred to in paragraph (d);

(b) a summary of the types of network plant remedied and the nature of the remediation work undertaken on those types of plant;

(c) for each cable run identified for remediation in a remediation list approved by ACMA under subclause (2), its size (ie whether it included 10 or 100 copper pairs), the ESA category and the number of services in operation supplied by that cable run; and

(d) details of other cable runs remedied in conjunction with remediation under this clause.

27 Monitoring, prevention, remediation and reporting at the CSG service level

(1) The licensee must take such reasonable action as is necessary to prevent a CSG service from experiencing more than 3 fault or service difficulties in a rolling 60 calendar day period.

(2) The licensee must take such reasonable action as is necessary to prevent a CSG service from experiencing more than 4 fault or service difficulties in a rolling 365 calendar day period.

(3) In a case where a CSG service experiences more than 3 fault or service difficulties in a rolling 60 calendar day period or more than 4 fault or service difficulties in a rolling 365 calendar day period, the licensee must investigate the performance of the CSG service and undertake such remediation of the service as is necessary.

(4) In a case where one or more CSG services experience more than 3 fault or service difficulties in a rolling 60 calendar day period or more than 4 fault or service difficulties in a rolling 365 calendar day period, the licensee must report the matter to ACMA within 10 working days of the end of each calendar month in which a contravention has occurred, or such other timeframe as ACMA agrees in writing, providing the following details:

(a) the telephone number, or such other unique identifier as ACMA agrees in writing, of the CSG services;

(b) the geographical locator of the CSG services;

(d) details of fault or service difficulties in relation to the CSG services;

(e) any action taken by the licensee to prevent the occurrence of the fault or service difficulties;

(f) the licensee’s conclusion as to the underlying cause of the fault or service difficulties, and the licensee’s reasons for reaching this conclusion;

(g) such results as are available at the reporting date of the licensee’s investigation under subclause (3);

(h) any action taken by the licensee to remedy the fault or service difficulties concerned;

(i) the action the licensee proposes to take to remedy the CSG services; and

(j) the proposed timeframe for remediation of the CSG services and supporting reasons for the timeframe specified.

Note The information that the licensee is to provide under this subclause is not limited to information specific to the access line on which fault or service difficulties occur, but may include information on other parts of the network that may cause fault or service difficulties on that access line if ACMA, following consultation with the licensee, considers that that information is relevant.

(5) ACMA may request the licensee, in writing, to give ACMA, within 15 working days, or such other timeframe as ACMA agrees in writing, further information about the report.

(6) After considering the licensee’s proposed remediation action under paragraphs (4) (i) and (j), ACMA may agree, or refuse to agree, to the action.

(7) If ACMA neither agrees, nor refuses to agree, to the proposed remediation action before whichever of the following periods is applicable:

(a) if ACMA did not give a request under subclause (5) in relation to the proposed remediation action — the period of 10 working days after the day on which ACMA received the licensee’s report under subclause (4);

(b) if ACMA gave a request under subclause (5) in relation to the proposed remediation action — the period of 10 working days after the day on which the request was complied with;

ACMA is taken, at the end of that period, to have agreed to the proposed remediation action.

(8) If ACMA refuses to agree to the proposed remediation action, ACMA must give written notice of the refusal to the licensee, together with ACMA’s reasons for the refusal.

(9) If ACMA notifies the licensee under subclause (8), the licensee must:

(a) review the proposed remediation action with a view to addressing ACMA’s concerns; and

(b) submit a revised proposal for remediation to ACMA within 10 working days after receiving ACMA’s notice under subclause (8), or such other timeframe as ACMA agrees in writing.

(10) If the licensee submits a revised proposal as mentioned in paragraph (9) (b), subclauses (6), (7) and (8) apply to the revised proposal in the same way as they apply to the original proposal for remediation action.

(11) The licensee must complete the remediation to which ACMA has agreed, or to which ACMA is taken to have agreed under subclause (7), and demonstrate to ACMA’s satisfaction that the agreed remediation has been completed within the timeframes specified in the agreed remediation plan or such other timeframes as ACMA agrees in writing.

(12) Within 15 working days after the end of each quarter, or within such other timeframe as ACMA agrees in writing, the licensee must provide information to ACMA under this clause for publication by ACMA at its discretion (taking into account any views of the licensee concerning publication of the information) where the remediation action to which ACMA has agreed, or to which ACMA is taken to have agreed under subclause (7), has not been undertaken within the agreed timeframe.

(13) If one or more fault or service difficulties occur in relation to one or more CSG services during the remediation period (subsequent faults), the licensee must ensure that the remediation that is either planned or underway addresses the root cause or causes of the subsequent faults. Subsequent faults are not otherwise to be treated as fault or service difficulties for the purposes of this clause.

(14) If one or more fault or service difficulties occur in relation to one or more CSG services during the monitoring period, the licensee must report the fault or service difficulties to ACMA within 10 working days of the end of each calendar month in which the difficulties occurred.

(15) For the purposes of this clause, the licensee must provide sufficient information to ACMA, including its own assessment of whether a fault or service difficulty is related, to allow ACMA to satisfy itself whether a fault or service difficulty that occurs during the monitoring period is a related fault or service difficulty. The licensee must provide this information to ACMA to allow ACMA to make its decision within 15 working days after ACMA receives the report mentioned in subclause (14).

(16) If one or more related fault or service difficulties occur in relation to a CSG service during the monitoring period, the licensee must:

(a) within 20 working days after the end of the period mentioned in subclause (15):

(i) re‑examine its remediation in light of the related fault or service difficulties; and

(ii) examine and address, by further remediation, the root cause or causes of the fault or service difficulties;

(b) within 20 working days of taking action under paragraph (a), report to ACMA in relation to its further remediation of the fault or service difficulties.

(17) The monitoring period commences again immediately after ACMA notifies the licensee that it has received the licensee’s report under subclause (16).

(18) In this clause:

monitoring period, in relation to a CSG service, means the 8 calendar month period immediately after the completion of the remediation of the service under this clause.

related fault or service difficulty, in relation to a CSG service, means a fault or service difficulty that arose from either:

(a) the same root cause or causes of fault or service difficulties that required the CSG service to be remedied under this clause; or

(b) a similar root cause or causes of fault or service difficulties that the licensee could have reasonably been expected to address during remediation of the CSG service under this clause.

remediation period, in relation to a CSG service, means the period between the day the licensee is required to report a fault or service difficulty for that service under subclause (4) and the completion of the remediation of the service under this clause.

28 Methodologies

The licensee must develop the methodologies for preparing and verifying data for the purposes of clauses 25, 26 and 27 in consultation with ACMA.

29 Obligations in relation to the provision of mobile phone coverage in selected population centres

(1) In this clause:

Actual Acceptance Date has the same meaning as in the Agreement.

Agreement means the Deed of Agreement dated 11 July 2002, as amended from time to time, between the Commonwealth and the licensee in relation to the provision of funding under the regional mobile phone program for mobile phone coverage in selected population centres.