Telecommunications Technical Standard (Voice performance requirements for Customer Equipment – AS/CA S004) 2015

Link to law: https://www.comlaw.gov.au/Details/F2015L00186

Telecommunications Technical Standard (Voice performance requirements for Customer Equipment – AS/CA S004) 2015
Telecommunications Act 1997
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Technical Standard under subsection 376(1) of the Telecommunications Act 1997.
Dated   17th February 2015          
Chris Chapman
[signed]
Member
Richard Bean
[signed]
 Member /
General Manager
Australian Communications and Media Authority


 
Part 1 – Preliminary
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1              Name of Technical Standard
(1)     This Technical Standard is the Telecommunications Technical Standard (Voice performance requirements for Customer Equipment – AS/CA S004) 2015.
(2)     This Technical Standard may also be cited as AS/CA S004-2015.
2              Commencement
                This Technical Standard commences on the day after it is registered.
Note             All legislative instruments must be registered on the Federal Register of Legislative Instruments required to be maintained under the Legislative Instruments Act 2003.
3              Revocation
                The Telecommunications Technical Standard (Voice frequency performance requirements for Customer Equipment) 2013 [F2013L01082] is revoked.
4              Objects of Technical Standard
                The objects of this Technical Standard are to specify requirements that are necessary or convenient for:
(a)     protecting the integrity of a telecommunications network or a facility;
(b)     protecting the health or safety of persons who:
          (i)      operate;
          (ii)     work on;
          (iii)    use services supplied by means of; or
          (iv)    are otherwise reasonably likely to be affected by the operation of;
                          a telecommunications network or a facility;
(c)     ensuring that customer equipment can be used to give access to an emergency call service; and
(d)     ensuring, for the purposes of the supply of a standard telephone service, the interoperability of customer equipment with a telecommunications network to which the equipment is, or is proposed to be, connected.
Part 2 – Interpretation
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5              Definitions
                In this Technical Standard:
ACMA transition period has the meaning given by section 6.
Act means the Telecommunications Act 1997.
amendment instrument means an instrument that amends the AS/CA Standard.
AS/CA Standard means the Australian Standard AS/CA S004:2013 – Voice performance requirements for Customer Equipment, published by Communications Alliance Ltd in January 2013.
Note    The AS/CA Standard is available on Communications Alliance Ltd’s website at http://www.commsalliance.com.au.
AS/CA transition period, for an amendment or the replacement of the AS/CA Standard, has the meaning given by section 7.
included in a class of items has the meaning given by section 8.
item means a thing that is customer equipment to which this Technical Standard applies, as provided by section 10, and includes a modified item.
manufacturer, in relation to an item, includes (but is not limited to) a person who modifies the item.
modified item means an item that has been modified, by or on behalf of the manufacturer or importer of the item, after the item was manufactured or imported and, for the avoidance of doubt, is the item as modified.
original item has the meaning given by subsection 8(1).
original modified item has the meaning given by subsection 8(2).
replacement standard means a standard that replaces the AS/CA Standard.
Note    In accordance with paragraph 13(1)(b) of the Legislative Instruments Act 2003, other expressions in this Technical Standard have the same meaning as in the Act, including:
·        customer equipment (see sections 7 and 21)
·        emergency call service (see section 7)
·        facility (see section 7 and subsection 374(2))
·        import (see section 7)
·        manufacturer or importer of customer equipment or customer cabling (see section 406A)
·        standard telephone service (see section 7)
·        telecommunications network (see section 7 and subsection 374(1)).
6                   ACMA transition period
       In this Technical Standard, if the AS/CA Standard is amended or replaced, there is an ACMA transition period, being:
(a)     in a case where there is an AS/CA transition period for the amendment or replacement of the AS/CA Standard – a period that is the same as the AS/CA transition period; or
(b)     in any other case – a period of two years commencing on the day the AS/CA Standard is amended or replaced.
Note 1    See subsections 12(3) and 13(4) in relation to an ACMA transition period.
Note 2    If the AS/CA Standard is amended or replaced during an ACMA transition period, there is another ACMA transition period which overlaps with the first-mentioned transition period.  See subsections 12(4) and 13(5) in relation to overlapping ACMA transition periods.
7              AS/CA transition period
(1)     If:
(a)           an amendment instrument or a replacement standard determines arrangements to deal with any issues of a transitional nature that may arise as a result of the amendment or replacement of the AS/CA Standard;
(b)          the arrangements are for a specified period commencing on the day the AS/CA Standard is amended or replaced; and
(c)           the arrangements have the effect of allowing a relevant item to comply with:
(i)      the AS/CA Standard as in force immediately before the commencement of the specified period; or
(ii)     the AS/CA Standard, or the replacement standard, as in force at the commencement of the specified period;
the specified period is an AS/CA transition period for the amendment or replacement of the AS/CA Standard, for the purposes of section 6.
(2)     For the purposes of subsection (1), each of the following is a relevant item:
(a)     an item that is manufactured in Australia or imported during the specified period;
(b)     a modified item that is made in Australia or imported during the specified period.
8              Class of items
(1)     In this Technical Standard:
(a)     an item (other than a modified item) is included in a class of items if the item:
(i)      is identical to each other item of the class (irrespective of when the items were manufactured or imported); and
(ii)     has the same manufacturer or importer as each other item; and
(b)     the original item, in relation to the class, is the item of the class that was the first to be manufactured in Australia or imported.
  (2)    In this Technical Standard:
(a)     a modified item is included in a class of items if:
(i)      the modification which resulted in that item is identical to the modification which resulted in each other item of the class (irrespective of when the items were so modified);
(ii)     the modified item is, in all other respects, identical to each other item (irrespective of when the items were manufactured or imported); and
(iii)    the modified item has the same manufacturer or importer as each other item; and
(b)     the original modified item, in relation to the class, is the item of the class that was the first to be so modified in Australia or imported.
9              Time a modified item is made
In this Technical Standard, a reference to the time a modified item is made is a reference to the time of making of the modification which results in that item.
Part 3 – Application and requirements
10            Application of this Technical Standard
                This Technical Standard applies to customer equipment that is designed or intended:
(a)    to transmit and receive voice frequency signals for voice communication, voice messages or tones by direct or indirect electrical or electro acoustic means; and
(b)   for connection to a telecommunications network.       
11            Requirements
(1)     An item (other than a modified item) must meet the requirements of subsection 12(1), (2), (3) or (4).
(2)     A modified item must meet the requirements of subsection 13(1), (2), (3), (4) or (5).
12            Standard for items (other than modified items)
(1)          If an item complies with the AS/CA Standard as in force at the time the item is manufactured in Australia or imported, the item meets the requirements of this subsection.
(2)          If an item:
(a)           is included in a class of items; and
(b)          complies with the AS/CA Standard as in force at the time the original item of the class was manufactured in Australia or imported;
the first-mentioned item meets the requirements of this subsection.
(3)           If an item:
(a)           is manufactured in Australia or imported during an ACMA transition period; and
(b)          complies with:
(i)            the AS/CA Standard as in force immediately before the commencement of the transition period; or
(ii)          the AS/CA Standard, or a replacement standard, as in force at the commencement of the transition period;
the item meets the requirements of this subsection.
(4)          If:
(a)           an ACMA transition period overlaps with another ACMA transition period;
(b)          an item is manufactured in Australia or imported during the period of overlap; and
(c)           the item complies with:
(i)            the AS/CA Standard as in force immediately before the commencement of the earliest of those transition periods; or
(ii)          the AS/CA Standard, or a replacement standard, as in force at the commencement of any one of those transition periods;
the item meets the requirements of this subsection.
13                  Standard for modified items
(1)          If a modified item complies with the AS/CA Standard as in force at the time that the modified item is made in Australia or imported, the modified item meets the requirements of this subsection.
(2)          If a modified item:
(a)           is included in a class of items; and
(b)          complies with the AS/CA Standard as in force at the time the original modified item of the class was made in Australia or imported;
the first-mentioned item meets the requirements of this subsection.
(3)     If:
(a)     a modified item would have been included in a class of items but for the making of the modification which resulted in that item; and  
(b)     the modification is not material and, in particular, the modified item complies with the AS/CA Standard as in force at the time the original item of the class was made in Australia or imported;
the first-mentioned item meets the requirements of this subsection.
Note    The modification is material if the modification would or could reasonably be expected to affect whether the modified item complies with the AS/CA Standard as in force at the time the original item of the class was made in Australia or imported.
(4)     If a modified item:
(a)           is made in Australia or imported during an ACMA transition period; and
(b)          complies with:
(i)            the AS/CA Standard as in force immediately before the commencement of the transition period; or
(ii)          the AS/CA Standard, or a replacement standard, as in force at the commencement of the transition period;
the modified item meets the requirements of this subsection.
(5)          If:
(a)           an ACMA transition period overlaps with another ACMA transition period;
(b)          a modified item is made in Australia or imported during the period of overlap; and
(c)           the modified item complies with:
(i)            the AS/CA Standard as in force immediately before the commencement of the earliest of those transition periods; or
(ii)          the AS/CA Standard, or a replacement standard, as in force at the commencement of any one of those transition periods;
the modified item meets the requirements of this subsection.
Part 4 – Savings and transitional arrangements
 14           Items manufactured, imported or modified before commencement
(1)     If an item (other than a modified item):
(a)           was manufactured in Australia or imported before the commencement of this Technical Standard; and
(b)          complies with the Telecommunications Technical Standard (Voice frequency performance requirements for Customer Equipment) 2013 as in force immediately before the commencement of this Technical Standard;
the item is taken to comply with this Technical Standard.
(2)     If a modified item:
(a)           was made in Australia or imported before the commencement of this Technical Standard; and
(b)          complies with the Telecommunications Technical Standard (Voice frequency performance requirements for Customer Equipment) 2013 as in force immediately before the commencement of this Technical Standard;
the modified item is taken to comply with this Technical Standard.
 
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