Telecommunications Technical Standard (Requirements for DSL Customer Equipment for connection to the Public Switched Telephone Network – AS/ACIF S041) 2015

Link to law: https://www.comlaw.gov.au/Details/F2015L00187

Telecommunications Technical Standard (Requirements for DSL Customer Equipment for connection to the Public Switched Telephone Network – AS/ACIF S041) 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 (Requirements for DSL Customer Equipment for connection to the Public Switched Telephone Network – AS/ACIF S041) 2015.
(2)     This Technical Standard may also be cited as AS/ACIF S041-2015.
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 following instruments are revoked:
(a)           Telecommunications Technical Standard (Requirements for DSL Customer Equipment for connection to the Public Switched Telephone Network – Part 1: General – AS/ACIF S041.1:2009) 2009 [F2009L04369];
(b)           Telecommunications Technical Standard (Requirements for DSL Customer Equipment for connection to the Public Switched Telephone Network – Part 2: Modems for use in connection with all DSL services – AS/ACIF S041.2:2009) 2009 [F2009L04370]; and
(c)           Telecommunications Technical Standard (Requirements for DSL Customer Equipment for connection to the Public Switched Telephone Network – Part 3: Filters for use in connection with all ADSL services – AS/ACIF S041.3:2009) 2009 [F2009L04371].
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, in relation to an applicable AS/ACIF Standard, has the meaning given by section 7.
Act means the Telecommunications Act 1997.
ADSL item means an item of customer equipment that is an ADSL filter, or part of an ADSL filter, that is designed, or intended, for connection to an ADSL service that shares the metallic local loop with an analogue public switched telephone network two-wire service.
Note    “ADSL” stands for Asymmetric Digital Subscriber Line.
amendment instrument, in relation to an applicable AS/ACIF Standard, means an instrument that amends that standard.
applicable AS/ACIF Standard, in relation to an item, has the meaning given by section 6.
AS/ACIF S041.1:2009 means the Australian Standard AS/ACIF S041.1:2009 – Requirements for DSL Customer Equipment for connection to the Public Switched Telephone Network –Part 1: General published by Communications Alliance Ltd in December 2009.
AS/ACIF S041.2:2009 means the Australian Standard AS/ACIF S041.2:2009 – Requirements for DSL Customer Equipment for connection to the Public Switched Telephone Network – Part 2: Modems for use in connection with all DSL services published by Communications Alliance Ltd in December 2009.
AS/ACIF S041.3:2009 means the Australian Standard AS/ACIF S041.3:2009 – Requirements for DSL Customer Equipment for connection to the Public Switched Telephone Network – Part 3: Filters for use in connection with all ADSL services published by Communications Alliance Ltd in December 2009.
AS/ACIF transition period has the meaning given by section 8.
DSL item means an item of customer equipment that is a DSL modem, or part of a DSL modem, that is designed, or intended, for connection to a DSL service that shares the metallic local loop with an analogue public switched telephone network two-wire service.
Note    “DSL” stands for Digital Subscriber Line and describes all types of DSL including ADSL.
included in a class of items has the meaning given by section 9.
item means a thing that is customer equipment to which this Technical Standard applies, as provided by section 11, and includes a modified item.
manufacturer, in relation to an item, includes (but is not limited to) a person who modifies the item.
metallic local loop means a metallic twisted pair communications wire in a carrier’s telecommunications network which provides connectivity between a customer’s premises and equipment in the telecommunications network.
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 9(1).
original modified item has the meaning given by subsection 9(2).
public switched telephone network means a telecommunications network which enables a customer to establish a connection for voice frequency communication with another customer, either automatically or with operator assistance.
replacement standard, in relation to an applicable AS/ACIF Standard, means a standard that replaces the applicable AS/ACIF 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:
·        carrier (see section 7)
·        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              Applicable AS/ACIF Standard
In this Technical Standard, each of the following is an applicable AS/ACIF Standard in relation to an item:
(a)           in all cases – AS/ACIF S041.1:2009;
(b)          if the item is a DSL item – AS/ACIF S041.2:2009;
(c)           if the item is an ADSL item – AS/ACIF S041.3:2009.
Note    AS/ACIF S041.1:2009, AS/ACIF S041.2:2009 and AS/ACIF S041.3:2009 are available on Communications Alliance Ltd’s website at http://www.commsalliance.com.au.
7              ACMA transition period
       In this Technical Standard, if an applicable AS/ACIF Standard is amended or replaced, there is an ACMA transition period in relation to the applicable AS/ACIF Standard, being:
(a)     in a case where there is an AS/ACIF transition period for the amendment or replacement of the applicable AS/ACIF Standard – a period that is the same as the AS/ACIF transition period; or
(b)     in any other case – a period of two years commencing on the day the applicable AS/ACIF Standard is amended or replaced.
Note 1       See subsections 13(3) and 14(4) in relation to an ACMA transition period.
Note 2       If the applicable AS/ACIF 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 13(4) and 14(5) in relation to overlapping ACMA transition periods.
8              AS/ACIF transition period
(1)     If:
(a)           an amendment instrument or a replacement standard, in relation to an applicable AS/ACIF 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 applicable AS/ACIF Standard;
(b)          the arrangements are for a specified period commencing on the day the applicable AS/ACIF Standard is amended or replaced; and
(c)           the arrangements have the effect of allowing a relevant item to comply with:
(i)      the applicable AS/ACIF Standard as in force immediately before the commencement of the specified period; or
(ii)     the applicable AS/ACIF Standard, or the replacement standard, as in force at the commencement of the specified period;
the specified period is an AS/ACIF transition period for the amendment or replacement of the applicable AS/ACIF Standard, for the purposes of section 7.
(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.
9              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.
10            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
11            Application of this Technical Standard
(1)          This Technical Standard applies to a thing that is customer equipment, or a part of customer equipment, that is designed, or intended, for connection to a DSL service that shares the metallic local loop with an analogue public switched telephone network two-wire service.
Example 1 A DSL modem is an example of customer equipment designed for connection to a DSL service operating over a shared metallic local loop with an analogue public switched telephone network two-wire service.
Example 2 An ADSL filter is an example of customer equipment designed for connection to an ADSL service operating over a shared metallic local loop with an analogue public switched telephone network two-wire service.
Note          Customer equipment is not excluded from the application of this Technical Standard by reason only that it is capable of performing functions that are additional to the functions of connecting to a DSL service that shares the metallic local loop with an analogue public switched telephone network two-wire service.
(2)          However, this Technical Standard does not apply to a thing that is customer equipment, or a part of customer equipment, that is designed, or intended:
(a)            for connection only to an analogue public switched telephone network two-wire service; or
(b)            to operate in an all-digital mode.  
12            Requirements
(1)     An item (other than a modified item) must meet the requirements of subsection 13(1), (2), (3) or (4) in relation to each applicable AS/ACIF Standard.
(2)     A modified item must meet the requirements of subsection 14(1), (2), (3), (4) or (5) in relation to each applicable AS/ACIF Standard.
13            Standard for items (other than modified items)
(1)          If an item complies with an applicable AS/ACIF Standard as in force at the time the item is manufactured in Australia or imported, the item meets the requirements of this subsection in relation to the applicable AS/ACIF Standard.
(2)          If an item:
(a)           is included in a class of items; and
(b)          complies with an applicable AS/ACIF 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 in relation to the applicable AS/ACIF Standard.
(3)           If:
(a)           there is an ACMA transition period in relation to an applicable AS/ACIF Standard;
(b)          an item is manufactured in Australia or imported during the transition period; and
(c)           the item complies with:
(i)            the applicable AS/ACIF Standard as in force immediately before the commencement of the transition period; or
(ii)          the applicable AS/ACIF Standard, or a replacement standard, as in force at the commencement of the transition period;
the item meets the requirements of this subsection in relation to the applicable AS/ACIF Standard.
(4)          If:
(a)           an ACMA transition period overlaps with another ACMA transition period in relation to an applicable AS/ACIF Standard;
(b)          an item is manufactured in Australia or imported during the period of overlap; and
(c)           the item complies with:
(i)            the applicable AS/ACIF Standard as in force immediately before the commencement of the earliest of those transition periods; or
(ii)          the applicable AS/ACIF 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 in relation to the applicable AS/ACIF Standard.
14                Standard for modified items
(1)          If a modified item complies with an applicable AS/ACIF 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 in relation to the applicable AS/ACIF Standard.
(2)          If a modified item:
(a)           is included in a class of items; and
(b)          complies with an applicable AS/ACIF 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 in relation to the applicable AS/ACIF Standard.
(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 applicable AS/ACIF 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 in relation to the applicable AS/ACIF Standard.
Note    The modification is material if the modification would or could reasonably be expected to affect whether the modified item complies with the applicable AS/ACIF Standard as in force at the time the original item of the class was made in Australia or imported.
(4)     If:
(a)           there is an ACMA transition period in relation to an applicable AS/ACIF Standard;
(b)          a modified item is made in Australia or imported during the transition period; and
(c)           the modified item complies with:
(i)            the applicable AS/ACIF Standard as in force immediately before the commencement of the transition period; or
(ii)          the applicable AS/ACIF Standard, or a replacement standard, as in force at the commencement of the transition period;
the modified item meets the requirements of this subsection in relation to the applicable AS/ACIF Standard.
(5)          If:
(a)           an ACMA transition period overlaps with another ACMA transition period in relation to an applicable AS/ACIF Standard;
(b)          a modified item is made in Australia or imported during the period of overlap; and
(c)           the modified item complies with:
(i)            the applicable AS/ACIF Standard as in force immediately before the commencement of the earliest of those transition periods; or
(ii)          the applicable AS/ACIF 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 in relation to the applicable AS/ACIF Standard.
Part 4 – Savings and transitional arrangements
15            Items manufactured, imported or modified before commencement
(1)     If:
(a)           an item (other than a modified item) was manufactured or imported before the commencement of this Technical Standard;
(b)          the item complies with the Telecommunications Technical Standard (Requirements for DSL Customer Equipment for connection to the Public Switched Telephone Network – Part 1: General – AS/ACIF S041.1:2009) 2009 as in force immediately before the commencement of this Technical Standard;
(c)           in a case where the item is a DSL item – the item also complies with the Telecommunications Technical Standard (Requirements for DSL Customer Equipment for connection to the Public Switched Telephone Network – Part 2: Modems for use in connection with all DSL services – AS/ACIF S041.2:2009) 2009 as in force immediately before the commencement of this Technical Standard; and
(d)          in the case where the item is an ADSL item – the item also complies with the Telecommunications Technical Standard (Requirements for DSL Customer Equipment for connection to the Public Switched Telephone Network – Part 3: Filters for use in connection with all ADSL services – AS/ACIF S041.3:2009) 2009 as in force immediately before the commencement of this Technical Standard;
the item is taken to comply with this Technical Standard.
(2)     If:
(a)           a modified item was made in Australia or imported before the commencement of this Technical Standard;
(b)          the modified item complies with the Telecommunications Technical Standard (Requirements for DSL Customer Equipment for connection to the Public Switched Telephone Network – Part 1: General – AS/ACIF S041.1:2009) 2009 as in force immediately before the commencement of this Technical Standard;
(c)           in a case where the modified item is a DSL item – the item also complies with the Telecommunications Technical Standard (Requirements for DSL Customer Equipment for connection to the Public Switched Telephone Network – Part 2: Modems for use in connection with all DSL services – AS/ACIF S041.2:2009) 2009 as in force immediately before the commencement of this Technical Standard; and
(d)          in the case where the modified item is an ADSL item – the item also complies with the Telecommunications Technical Standard (Requirements for DSL Customer Equipment for connection to the Public Switched Telephone Network – Part 3: Filters for use in connection with all ADSL services – AS/ACIF S041.3:2009) 2009 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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