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Determinations/Communications as made
This Determination amends the Telecommunications (Emergency Call Service) Determination 2009 and introduces minimum standards for mobile carriers in relation to the provision of mobile location information to emergency service organisations (ESOs) – police, fire or ambulance.
Administered by: Broadband, Communications and the Digital Economy
Made 21 Jan 2011
Registered 27 Jan 2011
Tabled HR 08 Feb 2011
Tabled Senate 09 Feb 2011
Date of repeal 09 Aug 2013
Repealed by Broadband, Communications and the Digital Economy (Spent and Redundant Instruments) Repeal Regulation 2013

Telecommunications (Emergency Call Service) Amendment Determination 2011 (No. 1)1

Telecommunications (Consumer Protection and Service Standards) Act 1999

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 147 (1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Dated 21 January 2011

Richard Bean
[signed]
Member

Brendan Byrne
[signed]
Member
/General Manager


1              Name of Determination

                This Determination is the Telecommunications (Emergency Call Service) Amendment Determination 2011 (No 1).

2              Commencement

                This Determination commences on the later of:

(a)    20 April 2011; or

(b)   the day after it is registered.

3              Amendment of the Telecommunications (Emergency Call Service) Determination 2009

Schedule 1 amends the Telecommunications (Emergency Call Service) Determination 2009.

 

Schedule 1   Amendment

                        (section 3)

 

[1]            After section 52

 

                 insert

           

                 Section 52A           Most precise mobile location information available

           

(1)               This section applies to carriers that own or operate a controlled network or controlled facility used to supply a public mobile telecommunications service (the mobile carrier).

 

(2)               If an emergency service organisation asks a mobile carrier to provide location information about an emergency call:

(a)    that originated from customer equipment connected to the mobile carrier’s controlled network or controlled facility at the time the emergency call was made;

(b)   that has been transferred to the emergency service organisation; and

(c)    where the emergency service organisation is unable to identify the location of the caller

the mobile carrier must give the emergency service organisation the most precise mobile location information available about the location of the customer equipment from which the emergency call originated, as soon as possible after the request is received.

 

Note: Circumstances in which the most precise mobile location information may not be available to a mobile carrier include instances where the customer equipment used to make the call does not provide a unique customer identifying number.

 

(3)                 If the emergency call did not originate from customer equipment connected to the mobile carrier’s controlled network or controlled facility, the mobile carrier must notify the emergency service organisation immediately, and take all reasonable steps to assist the emergency service organisation in identifying the owner or operator of the controlled network or controlled facility to which the customer equipment, from which the emergency call originated, was connected.

 

(4)               A mobile carrier must ensure that:

(a)    emergency service organisations are able to make a request for location information from the mobile carrier at all times;

(b)   emergency service organisations are provided with a designated contact and telephone number to which requests for location information can be made, or a specified process to be followed when such requests are made; and

(c)    all requests received are processed without delay.

 

(5)                In this section:

            most precise mobile location information available means the most precise location information that the mobile carrier has available, about the geographic or physical location of the customer equipment from which the emergency call originated:

(a)       at the time the emergency call was made; or

(b)      where the emergency service organisation requests location information for a later time, at that time; and

(c)       which includes, at a minimum, the reception or coverage area of the radio cell from which the emergency call originates.

 

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