Schedule 1 Variations

Do not delete: Schedule Part Placeholder

(section 3)

[1] Paragraph 2.3 (b)

omit

Schedule 6.

insert

Schedule 6; and

[2] After paragraph 2.3 (b)

insert

[3] After Chapter 5

insert

Chapter 5A International signalling point codes (ISPCs)

Outline of Chapter 5A

Chapter 5A identifies international signalling point codes (ISPCs) and makes arrangements for their allocation and use.

ISPCs are used by signalling point operators in the international signalling network to route signalling messages. They enable the signalling point operator to identify network switches and signalling points in the network.

ISPCs are assigned to signalling point operators in Australia by the ACA, as the designated administrator in Australia for the International Telecommunications Union.

Part 1 International signalling point codes and signalling area network codes

5A.1 International signalling point code

(1) An international signalling point code is a 5-digit number that is used by a network operator to identify a particular signalling point for the purpose of routing a signalling message.

(2) An international signalling point code has 3 components:

(a) the first digit is a number between 0 and 7 (inclusive); and

(b) the combination of the second, third and fourth digits is a number between 000 and 255 (inclusive); and

5A.2 Signalling area network code

The first 4 digits of an international signalling point code are the signalling area network code (or SANC).

Note 1 The ITU allocates signalling area network codes to the ACA, as the ACA is the designated administrator in Australia for the ITU in accordance with ITU-T Recommendation Q.708 (also known as Assignment Procedures for International Signalling Point Codes).

Note 2 The fifth digit of an international signalling point code is also known as a Signalling Point Identification. The ACA determines this digit.

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

Division 1 Introductory

5A.3 Application of Part 2

This Part sets out the procedure for the allocation of an international signalling point code after the commencement of this Chapter.

Note Part 3 deals with the status of allocations that were made before this Chapter commences.

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

(1) The ACA will allocate international signalling point codes on application by signalling point operators.

(2) If a signalling point operator applies for the allocation of an international signalling point code, the ACA must:

(a) comply with this Chapter; and

(b) have regard to the rules and procedures set out in ITU-T Recommendation Q.708 (also known as Assignment Procedures for International Signalling Point Codes).

Division 2 Application for allocation

5A.5 Entitlement to apply

(1) A signalling point operator may apply in writing to the ACA for the allocation of an international signalling point code to the signalling point operator.

(2) The signalling point operator may apply for allocation of the international signalling point code:

(a) to use the code; or

(b) to test the use of the code during a period specified by the ACA.

5A.6 How applications are to be made

(1) An application for the allocation of an international signalling point code must include as much of the following information as is applicable to the applicant:

(a) if the applicant is an individual — his or her name;

(b) if the applicant is a corporation — as many of the following as the signalling point operator is required by law to have:

(i) its ACN;

(ii) its ARBN;

(iii) its ABN;

(d) if the applicant is an individual or partnership — the applicant’s residential address, postal address and fax number (if any);

(e) if the applicant is a corporation — the address of its registered office;

(f) the address of the principal place at which the applicant’s business is conducted;

(g) the name and telephone number, and the facsimile number and e-mail address (if any), of another person through whom the applicant may be contacted;

(h) if the applicant is an individual — the signature of the applicant;

(i) if the applicant is not an individual — the name and signature of an individual authorised by the applicant to make the application on its behalf;

(j) a name for the signalling point, or test network, to which the application relates that is not the same as the name of any other signalling point, or test network, in respect of which an international signalling point code is allocated to the applicant;

(k) if the network is a packet switched network — the primary address of the signalling point;

(l) if the network is not a packet switched network — the address of the signalling point;

(m) if the international signalling point code is not to be used in a test network — information demonstrating that the signalling point (the first point) for which the international signalling point code is to be allocated:

(i) has an effective signalling relationship (a message transfer part) with at least 1 other signalling point that will allow a message to be transferred from the first point to the other signalling point, using a message transfer part; or

(ii) will, as soon as practicable, have an effective signalling relationship of that kind with at least 1 other signalling point;

(n) if the international signalling point code is allocated to the applicant — the date on which the code will commence service;

(o) if the international signalling point code is to be used by the applicant to test the use of the code — a date (not later than 12 months after the date on which the application is made) on which the applicant will cease to use the code;

(p) if the international signalling point code is allocated to the applicant — the functions for which the code will be used.

Note The only functions for which an international signalling point code may be used are as a signalling transfer point, signalling end point, signalling connection control part relay, international switching centre, gateway mobile switching centre and location register.

(2) An application must be accompanied by the charge (if any) imposed on the application by section 53 of the Australian Communications Authority Act 1997.

(3) An application must be sent to the Australian Communications Authority using:

(a) the street address:

13/200 Queen Street

MELBOURNE 3000; or

(b) the e-mail address:

numberingadministration@aca.gov.au.

5A.7 Acknowledgment of applications

The ACA must, not later than 7 days after receiving an application, acknowledge to the applicant in writing that it has received the application.

Division 3 Decisions on application for allocation

5A.8 Criteria for decisions about applications

(1) The ACA must consider applications in the order in which they are made.

(2) The ACA must not approve an application if the application does not relate to an international signalling point code for a particular signalling point in Australia.

(3) The ACA must not approve an application unless:

(a) the international signalling point code has been assigned to Australia by the ITU; or

(b) the international signalling point code:

(i) has been derived from a signalling area network code assigned by the ITU to another country; and

(ii) has been approved, on application by the ACA, by the Director of the Telecommunications Standardiszation Bureau of the ITU for allocation by the ACA.

(4) The ACA must not allocate more than 1 international signalling point code for each signalling point.

(5) However, if the same signalling point is part of more than 1 signalling network in Australia:

(a) subsection (4) does not apply; and

(b) the ACA may allocate as many international signalling point codes for that signalling point as there are signalling networks, with each international signalling point code to be used in a specified signalling network.

(6) The ACA must refuse an application for allocation of an international signalling point code if it reasonably considers that:

(a) the international signalling point code to which the application relates:

(i) does not identify a unique signalling point; or

(ii) will not commence service within 12 months after the day on which the application was made; or

(iii) will not be used consistently with the function or functions for the code stated in the application; or

(b) the signalling point (the first point) for which the international signalling point code is to be allocated:

(i) does not have an effective signalling relationship with at least 1 other signalling point that will allow a message to be transferred from the first point to the other signalling point, using a message transfer part; or

(ii) will not, as soon as practicable, have an effective signalling relationship of that kind with at least 1 other signalling point.

(7) The ACA must approve an application if none of subsections (2), (3), (4) and (6) applies.

5A.9 Decisions on application

(1) The ACA must make a decision to approve or refuse an application not later than 90 days after the day on which it received the application.

(2) However, the ACA may, by written notice given to an applicant, require the applicant to give to the ACA any additional information that the ACA needs to consider the application properly.

(3) The 90-day period does not include a day on which the ACA is waiting for the applicant to comply with a notice.

5A.10 When decision takes effect

A decision under subsection 5A.9 (1) to approve or refuse an application takes effect when it is made.

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

(1) The ACA must, not later than 7 days after the day on which a decision was made under subsection 5A.9 (1), give written notice to the applicant of the decision.

(2) A decision to refuse an application must be accompanied by the reasons for the refusal.

Note A decision to refuse an application is reviewable: see Schedule 11.

(3) If the ACA approves an application for allocation of an international signalling point code to test the use of the code, the ACA must specify in the decision a period, ending not later than 12 months after the date on which the application is made, during which the applicant may use the code.

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

5A.12 Application of Part 3

This Part applies to an international signalling point code that was allocated before the commencement of this Chapter.

Note Part 2 deals with allocations after this Chapter commences.

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

(1) The international signalling point code is taken to have been allocated by the ACA under Division 3 of Part 2 on the day on which this Chapter commences.

(2) The signalling point operator to which the international signalling point code was allocated is taken to have complied with the requirements that apply to an applicant under Division 2 of Part 2.

Part 4 Conditions of allocation of international signalling point codes

5A.14 Conditions of allocation

(1) If the ACA approves an application for allocation of an international signalling point code for a purpose other than to test the use of the code, a signalling point operator must:

(a) use the international signalling point code only for the signalling point for which the code was allocated; and

(b) use the international signalling point code only for the function or functions specified in the application; and

(i) 12 months after the date on which the application for allocation of the code was made by the operator; or

(ii) if the period is extended under section 5A.15 — the end of the extended period.

Note The functions for which an international signalling point code may be used are able to be altered in accordance with section 5A.18.

(2) If the ACA approves an application for allocation of an international signalling point code to test the use of the code, a signalling point operator must use the code only during the period specified for subsection 5A.11 (3).

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

(1) A signalling point operator mentioned in subsection 5A.14 (1) may, not more than 30 days before the end of the period of 12 months after the date on which the operator applies for allocation of an international signalling point code that has not been placed in service, apply in writing to the ACA for an extension of that period.

(2) The application must:

(a) identify the international signalling point code to which the application relates; and

(b) include the information mentioned in paragraph 5A.6 (1) (a) or (b), (c), (d) or (e), (f) and (g) that was provided to the ACA in the original application for allocation of the international signalling point code; and

(c) explain why the international signalling point code has not commenced service in accordance with subparagraph 5A.14 (1) (c) (i); and

(d) specify the duration of the extension (which must not be more than 6 months).

(3) The ACA must make a decision to approve or refuse an application not later than 21 days after the day on which it received the application.

(4) The ACA must approve an application made in accordance with this section unless it reasonably considers that the international signalling point code mentioned in the application has not commenced service because of circumstances that are within the control of the signalling point operator.

Examples of circumstances within the control of a signalling point operator

1 The signalling point operator has not installed all the necessary signalling equipment within the relevant 12-month period for reasons within the operator’s control.

2 The overseas signalling point is not ready to receive the international signalling point code allocated to the signalling point operator.

5A.16 When decisions take effect

A decision under subsection 5A.15 (3) to approve or refuse an application takes effect when it is made.

5A.17 Notice of decisions

(1) The ACA must, not later than 7 days after the day on which a decision was made under subsection 5A.15 (3), give written notice to the applicant of the decision.

(2) A decision to refuse the application must be accompanied by the reasons for the refusal.

Note A decision to refuse an application is reviewable: see Schedule 11.

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

(1) This section applies to a signalling point operator to which an international signalling point code is allocated.

(2) As soon as practicable after any change in the information that the signalling point operator gave to the ACA under subsection 5A.6 (1), the operator must give written notice to the ACA of the changed information.

(3) If the change in the information relates to the functions for which the international signalling point code is to be used:

(a) the signalling point operator must also ask the ACA for permission to use the international signalling point code to perform a new function; and

(b) the ACA must grant or refuse the permission.

Part 5 Transfer of international signalling point codes

5A.19 Divestment

(1) If an entity to which an international signalling point code is allocated (the original entity) divests the part of the entity that is the signalling point operator to a separate or new entity (the new operator):

(a) the code is taken to have been allocated to the new operator on the day of the divestment; and

(b) the original entity and the new operator must, jointly, notify the ACA in writing of the divestment not later than 7 days after the divestment.

(2) The notice under paragraph (1) (b) must include:

(a) the date of the divestment; and

(b) information that is mentioned in subsection 5A.6 (1) in relation to the original entity, the new operator and the international signalling point code; and

(c) information about the divestment that affects the use by the new operator of the international signalling point code.

(3) The new operator is taken to have complied with the requirements with which the original entity has complied that apply to an applicant under Division 2 of Part 2.

5A.20 Merger, acquisition or joint venture

(1) If a signalling point operator (the original operator) to which an international signalling point code is allocated merges with, is acquired by, or enters a joint venture with, another entity (the new entity):

(a) the code is taken to have been allocated to the new entity on the day of the merger, acquisition or joint venture; and

(b) the original operator and the new entity must, jointly, notify the ACA in writing of the merger, acquisition or joint venture not later than 7 days after its occurrence.

(2) The notice under paragraph (1) (b) must include:

(a) the date of the merger, acquisition or joint venture; and

(b) information that is mentioned in subsection 5A.6 (1) in relation to the new entity and the international signalling point code; and

(c) information about the merger, acquisition or joint venture that affects the use by the new entity of the international signalling point code.

(3) The new entity is taken to have complied with the requirements with which the original operator has complied that apply to an applicant under Division 2 of Part 2.

5A.21 No transfer in other circumstances

An international signalling point code is not transferable except in the circumstances mentioned in sections 5A.19 and 5A.20.

Part 6 Surrender of international signalling point codes

5A.22 Entitlement to surrender international signalling point code

(1) A signalling point operator to which an international signalling point code is allocated may surrender the international signalling point code by giving the ACA a written notice.

(2) The notice must:

(a) identify the international signalling point code; and

(b) if any of the information that the signalling point operator gave to the ACA in relation to the international signalling point code under subsection 5A.6 (1) has changed — include the changed information; and

(3) The notice may specify a date (later than the date on which the notice is given to the ACA) on which the surrender is to take effect.

(4) The surrender of an international signalling point code takes effect:

(a) on the date specified in the notice; or

(b) if no date is specified in the notice — when the ACA receives the notice of surrender.

5A.23 Acknowledgment of surrender

The ACA must, not later than 14 days after receiving a notice surrendering an international signalling point code, acknowledge in writing that it has received the notice.

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

5A.24 Grounds for revocation

(1) This section applies if the ACA has allocated an international signalling point code to a signalling point operator for use in a test network.

(2) If section 5A.19 or 5A.20 applies, the ACA must revoke the allocation if the signalling point operator does not comply with the applicable section.

(3) The ACA must revoke the allocation if the international signalling point code is being used by a signalling point operator other than the operator to which the code has been allocated or transferred.

(4) The ACA must revoke the allocation if the signalling point operator has not used the international signalling point code within the period of 12 months after the date on which the application for allocation of the code was made by the operator.

(5) The ACA may revoke the allocation if the international signalling point code has been, is being, or is likely to be, used to perform a function that was not specified in the application made by the signalling point operator for allocation of the code.

(6) The ACA may revoke the allocation if the international signalling point code has ceased to be used by the signalling point operator.

(7) The ACA may revoke the allocation if the signalling point operator has not complied with section 5A.18.

5A.25 Revocation

(1) If the ACA wishes to revoke the allocation of an international signalling point code in accordance with section 5A.24, the ACA must:

(a) give written notice of the proposed revocation to the signalling point operator; and

(b) specify in the notice a period, not less than 60 days, after which the revocation takes effect.

(2) The revocation of the allocation of an international signalling point code takes effect at the end of the period specified in the notice under subsection (1).

(3) If the allocation of an international signalling point code is revoked, the international signalling point code may be reallocated in accordance with Part 2 at any time more than 12 months after the revocation takes effect.

Part 8 Withdrawal of international signalling point code

5A.26 Grounds for withdrawal

(1) The ACA must withdraw an international signalling point code if the signalling point operator does not comply with a requirement specified in section 5A.19 or 5A.20 that is applicable to the operator.

(2) The ACA must withdraw an international signalling point code that is allocated to a signalling point operator if the international signalling point code is being used by a signalling point operator other than the signalling point operator to which the code has been allocated or transferred.

(3) The ACA must withdraw an international signalling point code that is allocated to a signalling point operator if the operator:

(a) has not commenced service using the international signalling point code within the period of 12 months after the date on which the application for allocation of the code was made by the operator; and

(b) has not applied to the ACA for an extension of that period.

(4) The ACA must withdraw an international signalling point code that is allocated to a signalling point operator if:

(a) the operator has not commenced service using the international signalling point code within the period of 12 months after the date on which the application for allocation of the code was made by the operator; and

(b) the operator has applied to the ACA for an extension of that period; and

(5) The ACA must withdraw an international signalling point code that is allocated to a signalling point operator if:

(a) the ACA has approved an application for an extension of the period in which the operator is to commence service using the international signalling point code; and

(b) the operator has not commenced service using the international signalling point code at the end of the extended period.

(6) The ACA may withdraw an international signalling point code that is allocated for use by a signalling point operator if the international signalling point code has ceased to be used by the operator.

(7) The ACA may withdraw an international signalling point code that is allocated for use by a signalling point operator if the operator has not complied with section 5A.18.

(8) The ACA may withdraw an international signalling point code that is allocated for use by a signalling point operator if the international signalling point code has been, is being, or is likely to be, used to perform a function:

(a) that was not specified in the application made by the operator for allocation of the code; or

(b) for which the ACA has not given permission under subsection 5A.18 (3).

5A.27 Withdrawal

(1) If the ACA is required to withdraw an international signalling point code in accordance with subsection 5A.26 (1), (2), (3), (4) or (5):

(a) the ACA must give written notice of the withdrawal to the signalling point operator; and

(b) the withdrawal takes effect on receipt by the operator of the notice of the withdrawal.

(2) If the ACA wishes to withdraw an international signalling point code in accordance with subsection 5A.26 (6), (7) or (8), the ACA must:

(a) give written notice of the proposed withdrawal to the signalling point operator; and

(b) invite the operator to state in writing to the ACA, within 30 days after the day on which the notice is given to the operator, why the international signalling point code should not be withdrawn.

(3) At least 30 days after giving notice to the signalling point operator under subsection (2), the ACA must, after considering any written statement given to it by the operator within the stated time:

(a) decide whether to withdraw the international signalling point code; and

(b) if the ACA decides to withdraw the code — give written notice of the withdrawal to the operator.

(4) The withdrawal of an international signalling point code in accordance with subsection 5A.26 (6), (7) or (8) takes effect on receipt by the signalling point operator of the notice of the withdrawal.

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

The ACA must not allocate an international signalling point code that has been withdrawn for a period of 12 months after the day on which the withdrawal took effect.

[4] Chapter 6, heading

substitute

Chapter 6 Allocation of certain numbers

[5] After subsection 6.1A (2)

insert

(3) Chapter 6 does not apply to international signalling point codes.

Note International signalling point codes are allocated under Chapter 5A.

[6] Schedule 11, after item 1B

insert

1C.	A decision under subsection 5A.9 (1) to refuse to allocate an international signalling point code.
1D.	A decision under subsection 5A.15 (3) to refuse to extend a period.
1E.	A decision under paragraph 5A.18 (3) (b) to refuse permission to use an international signalling point code to perform a new function.
1F.	A decision under paragraph 5A.27 (2) (a) to withdraw an international signalling point code.

[7] Dictionary, after definition of international service

insert

international signalling point code see subsection 5A.1 (1).

[8] Dictionary, after definition of mass calling service

insert

message transfer part see subparagraph 5A.6 (1) (m) (i).

[9] Dictionary, after definition of shared number

insert

signalling area network code — see section 5A.2.

signalling point means a node, or a discrete point in a network, that performs either or both of the following functions:

(a) originating and receiving signalling messages;

(b) transfers signalling messages from one signalling link to another signalling link.

signalling point operator means a carriage service provider who:

(a) wishes to operate a signalling point that has at least 1 message transfer part in the international signalling network; or

(b) already operates a signalling point of that kind.

[10] Dictionary, after definition of testing service

insert

test network means 1 or more telecommunications network elements that are interconnected for at least 1 of the following purposes:

(a) developing a product or an aspect of telecommunications;

(b) testing a product or an aspect of telecommunications;