Telecommunications (Customer Service Guarantee and Payphone Performance Benchmarks) Record-Keeping Rules Amendment 2014 (No.1)

Telecommunications Act 1997

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes these Rules under section 529 of the Telecommunications Act 1997.

Dated: 15th August 2014

Chris Chapman
[signed]
Member

Giles Tanner
[signed]
Member/General Manager

Australian Communications and Media Authority

1 Name of Rules

These Rules are the Telecommunications (Customer Service Guarantee and Payphone Performance Benchmarks) Record-Keeping Rules Amendment 2014 (No.1).

2 Commencement

These Rules commence on 30 September 2014.

Note All legislative instruments must be registered on the Federal Register of Legislative Instruments required to be maintained under the Legislative Instruments Act 2003. See www.comlaw.gov.au.

3 Amendment of the Telecommunications (Customer Service Guarantee) Record-Keeping Rules 2011 and the Telecommunications (Payphone Performance Benchmarks) Record-Keeping Rules 2012

(1) Schedule 1 amends the Telecommunications (Customer Service Guarantee) Record-Keeping Rules 2011 [F2011L01997].

(2) Schedule 2 amends the Telecommunications (Payphone Performance Benchmarks) Record-Keeping Rules 2012 [F2012L00082].

Schedule 1 Amendment of Telecommunications (Customer Service Guarantee) Record-Keeping Rules 2011

(subsection 3(1))

[1] Section 3, definition of nominated area

substitute

nominated area means Australia.

[2] Section 3, definition of quarter

repeal the definition

[3] Section 3, definition of reporting period

repeal the definition

[4] Section 5

repeal the section

[5] Sections 6 and 7, including the notes

substitute

6 Records relating to the number of CSG services supplied

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

(a) the nominated area;

(b) urban areas;

(c) major rural areas;

(d) minor rural areas;

(e) rural areas; and

(f) remote areas,

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

Note:  These records relate to sections 4 and 5 of the Benchmarks Instrument.

[6] Subsection 13(1)

omit “each reporting period that includes part of”

[7] Subsection 13(3)

repeal the subsection

[8] Subsection 14(1)

substitute

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

[9] After Part 4

 insert

 Part 4A Additional record-keeping and reporting requirements for benchmark period ending 30 June 2015

14A Additional record-keeping and reporting requirements

(1)     A carriage service provider that is or was a qualifying carriage service provider for the benchmark period commencing on 1 July 2014 and ending on 30 June 2015 (the relevant benchmark period) must prepare and give to the ACMA an additional report (one-off report), in accordance with this section.

  Note: The one-off report is in addition to the compliance report that a carriage service provider that is or was a qualifying carriage service provider for the benchmark period ending 30 June 2015, is required to give to the ACMA under section 14.

(2)     The one-off report must:

(a) include the information specified in subsection (5); and

(b) be in the form specified in subsection (6).

(3)      The one-off report must be given to the ACMA on or before 1 December 2014, by both of the following means:

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

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

(4)     The one-off report delivered under paragraph (3)(b), may be in an electronic format of a kind agreed in writing by the ACMA.

(5)     The one-off report must include the number of CSG services supplied by the carriage service provider on the last day of the financial year preceding the relevant benchmark period, in each of the following areas:

(a)  the nominated area;

(b)  urban areas;

(c)  major rural areas;

(d)  minor rural areas;

(e)  rural areas; and

(f)   remote areas,

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

Note: The information is for the purpose of applying sections 4 and 5 of the Benchmarks Instrument in relation to the benchmark period commencing on 1 July 2014 and ending on 30 June 2015.

(6) The one-off report must be in the following form:

Table A—Information relating to the supply of CSG services as at 30 June 2014

(7) A qualifying carriage service provider for the relevant benchmark period must keep a record of the information included in the one-off report required to be provided to the ACMA under subsection (1).

(8) A carriage service provider that is required to keep a record in accordance with subsection (7) must retain the record for a period that expires no earlier than two years after the end of the relevant benchmark period.

[10] Schedule 1

 substitute

Schedule 1 — Information to be included in a compliance report

1 Information relating to the carriage service provider and benchmark period

  A compliance report must include:

 (a) the name of the carriage service provider;

 (b) the ABN of the carriage service provider;

 (c) the date on which the compliance report was prepared; and

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

2 Information relating to the supply of CSG services

A compliance report must include, in respect of the benchmark period covered by the report, the number of CSG services that were supplied by the carriage service provider on the last day of that benchmark period, in each of the following areas:

(a)                 the nominated area;

(b)                 urban areas;

(c)                 major rural areas;

(d)                 minor rural areas;

(e)                 rural areas; and

(f)                  remote areas,

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

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

3 Performance information relating to in-place connection requests

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

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

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

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

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

(iii) the number that were not complied with in that period, where the carriage service provider’s failure to comply was wholly or partly attributable to one or more acts or omissions by another carriage service provider.

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

4 Performance information relating to new connection requests

 (1)  A compliance report must include, in respect of the benchmark period covered by the report, the following information in relation to each area described in sub-item (2):

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

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

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

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

(iii) the number that were not complied with in that period, where the carriage service provider’s failure to comply was wholly or partly attributable to one or more acts or omissions by another carriage service provider.

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

 (2) For the purposes of sub-item (1), the areas are:

  (a) the nominated area; and

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

  (i) urban areas;

  (ii) major rural areas;

  (iii) minor rural areas; and

  (iv) remote areas.

5 Performance information relating to faults or service difficulties

 (1) A compliance report must include, in respect of the benchmark period covered by the report, the following information in relation to each area described in sub-item (3):

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

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

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

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

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

(iii)   the number that were not rectified in that period, where the carriage service provider’s failure to rectify was wholly or partly attributable to one or more acts or omissions by another carriage service provider.

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

 (3) For the purposes of sub-item (1), the areas are:

 (a) the nominated area; and

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

  (i) remote areas;

  (ii) rural areas; and

  (iii) urban areas.

6 Performance information relating to the keeping of appointments

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

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

 (b) of those appointments referred to in paragraph (a)—

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

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

(iii) the number that are taken to have been missed, where the carriage service provider’s failure to keep the appointment was wholly or partly attributable to one or more acts or omissions by another carriage service provider.

[11] Schedule 2, second dot point after heading “Instructions for completion of this form—”

omit the dot point

[12] Schedule 2, Table 1, including the heading and note

 substitute

 Table 1 - Information relating to the carriage service provider and the benchmark period

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

[13] Schedule 2, Table 2

omit “financial year preceding”

[14] Schedule 2, Table 2, Notes 1 and 2

substitute

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

[15] Schedule 2, Table 3

repeal the Table (except Notes), substitute

[16] Schedule 2, Table 4

repeal the Table (except Notes), substitute

[17] Schedule 2, Table 4, Note 4

repeal the Note

[18] Schedule 2, Table 5

repeal the Table (except the Notes), substitute

[19] Schedule 2, Table 5, Note 4

repeal the Note

[20] Schedule 2, Table 6

repeal the Table (except the Notes), substitute

Schedule 2 Amendment of Telecommunications (Payphone Performance Benchmarks) Record-Keeping Rules 2012

(subsection 3(2))

[1] Section 3, definition of nominated area

substitute

nominated area means Australia.

[2] Section 3, definition of quarter

repeal the definition

[3] Section 3, definition of reporting period

repeal the definition

[4] Section 6

repeal the section

[5] Subsection 10(1)

omit “reporting period.”

substitute “benchmark period.”

[6] Subsection 10(3)

repeal the subsection

[7] Subsection 11(1)

substitute

(1) A primary universal service provider must give to the ACMA a compliance report in respect of each benchmark period no later than 40 working days after the end of the benchmark period, or such later time as agreed in writing by the ACMA.

[8] Schedule 1, item 1

substitute

1  Information relating to the primary universal service provider and benchmark period

A compliance report must include:

 (a) the name of the primary universal service provider;

 (b) the ABN of the primary universal service provider;

 (c) the date on which the compliance report was prepared; and

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

[9] Schedule 1, item 2

substitute

2       Performance information relating to faults or service difficulties

(1) A compliance report must include, in respect of the benchmark period covered by the report, the following information in relation to each area described in sub-item (2):

(a) the number of times that the primary universal service provider was required to comply with a payphone benchmark standard during the benchmark period;

Note: This number would include all of those faults or service difficulties in respect of which the provider was required to comply with a payphone benchmark standard before the expiration of the benchmark period.

(b) of those times referred to in paragraph (a) –

(i) the number of times that the provider complied with that payphone benchmark standard; and

Note: This number would include the number of times (if any) that the provider complied with that payphone benchmark standard following a period (in this or a previous benchmark period) during which the provider was exempt from compliance with that standard because of paragraph 6(1)(a) or 6(1)(b) of the Benchmarks Instrument.

(ii) the number of times that the provider did not comply with that payphone benchmark standard; and

Note: This number would include the number of times (if any) that the provider did not comply with that payphone benchmark standard following a period (in this or a previous benchmark period) during which the provider was exempt from compliance with that standard because of paragraph 6(1)(a) or 6(1)(b) of the Benchmarks Instrument.

(c) the number of times that the provider was not required to comply with a payphone benchmark standard in relation to a fault or service difficulty reported during the benchmark period or a previous benchmark period, because of an exemption under paragraph 6(1)(a) or 6(1)(b) of the Benchmarks Instrument.

Note: This number would include all instances in which the provider was not required to comply with a payphone benchmark standard, irrespective of whether or not the provider has subsequently become required to comply with that standard.

(2) For the purposes of sub-item (1), the areas are:

(a) the nominated area; and

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

(i)  remote areas;

(ii) rural areas; and

(iii) urban areas.

[10] Schedule 1, item 3

omit “quarter” (wherever occurring), substitute “benchmark period”

[11] Schedule 2, second dot point after heading “Instructions for completion of this form -”

omit the dot point

[12] Schedule 2, Table 1, including the heading and note

substitute

Table 1 - Information relating to the primary universal service provider and the benchmark period

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

[13] Schedule 2, Table 2

repeal the Table (except Notes), substitute

[14] Schedule 2, Table 2, Notes 1 and 2

substitute

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

[15] Schedule 2, Table 3

omit “quarter”, substitute “benchmark period”

[16] Schedule 2, Table 3, Notes 1 and 2

substitute

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