Telecommunications (Customer Service Guarantee) Record-Keeping Rules Amendment 2012 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2012L01436

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Telecommunications (Customer Service Guarantee) Record-Keeping Rules Amendment 2012 (No. 1)
Telecommunications Act 1997
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes these Rules under section 529 of the Telecommunications Act 1997.
Dated 28 June. 2012
Richard Bean [signed]Member
Brendan Byrne [signed] Member/General Manager
 
Australian Communications and Media Authority
1              Name of Rules
                These Rules are the Telecommunications (Customer Service Guarantee) Record-Keeping Rules Amendment 2012 (No. 1).
2              Commencement
These Rules commence on:
(a)       1 July 2012; or
(b)      the day after they are registered,
whichever last occurs.
Note:                 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. 
3              Amendment of Telecommunications (Customer Service Guarantee) Record-Keeping Rules 2011
 
Schedule 1 amends the Telecommunications (Customer Service Guarantee) Record-Keeping Rules 2011.
Schedule 1        Amendment of Telecommunications (Customer Service Guarantee) Record-Keeping Rules 2011
(section 3)
 
[1]           Paragraphs 3 (2) (a) – (f)
substitute
(a)    benchmark period;
(b)   in-place connection;
(c)    in-place connection request;
(d)   major rural area;
(e)    minor rural area;
(f)    new connection request
(g)   remote area;
(h)   rural area; and
(i)     urban area.
[2]           Sections 8 and 9
substitute
8     Records relating to in-place connection requests
(1)      A qualifying carriage service provider for a benchmark period must, in relation to each in-place connection request that is relevant to the benchmark period, keep a record of:
(a)      the name of the customer;
(b)     the address of the site to which the customer requests the CSG service be connected;
(c)      the date and time at which the carriage service provider received the request from the customer;
(d)     the date and time at which the guaranteed maximum connection period expires in relation to the request;
Note:      The guaranteed maximum connection period that applies in relation to an in-place connection request is ascertained by having regard to subsection 8(1) of, and item 201 of Schedule 1 to, the CSG Standard. 
(e)      if the carriage service provider and the customer made an arrangement of a kind mentioned in section 9 of the CSG Standard for connection in a period shorter or longer than the guaranteed maximum connection period – the date and time at which that period expires;
(f)      the date and time at which the carriage service provider complied with the request;
(g)     the connection period in working days; and
(h)     if the carriage service provider failed to comply with the request in the guaranteed maximum connection period or a period arranged under section 9 of the CSG Standard, and that failure is wholly or partly attributable to one or more acts or omissions by another carriage service provider – the name of the other carriage service provider and a description of those acts or omissions.
(2)   For the purposes of this section, an in-place connection request is relevant to the benchmark period if the carriage service provider that received the request is required to comply with the request during the benchmark period.
9     Records relating to new connection requests
(1)      A qualifying carriage service provider for a benchmark period must, in relation to each new connection request that is relevant to the benchmark period, keep a record of:
(a)      the name of the customer;
(b)     the address of the site to which the customer requests the CSG service be connected;
(c)      the date and time at which the carriage service provider received the request from the customer;
(d)     the date and time at which the guaranteed maximum connection period expires in relation to the request;
Note:      The guaranteed maximum connection period that applies in relation to a new connection request is ascertained by having regard to subsection 8(1) of, and item 202 of Schedule 1 to, the CSG Standard. 
(e)      if the carriage service provider and the customer made an arrangement of a kind mentioned in section 9 of the CSG Standard for connection in a period shorter or longer than the guaranteed maximum connection period – the date and time at which that period expires;
(f)      the date and time at which the carriage service provider complied with the request;
(g)     the connection period in working days;
(h)     if the carriage service provider failed to comply with the request in the guaranteed maximum connection period or a period arranged under section 9 of the CSG Standard, and that failure is wholly or partly attributable to one or more acts or omissions by another carriage service provider – the name of the other carriage service provider and a description of those acts or omissions; and
(i)       whether the site to which the customer requests a CSG service be connected, is located in:
(i)                 an urban area;
(ii)               a major rural area;
(iii)             a minor rural area; or
(iv)             a remote area.
(2)   For the purposes of this section, a new connection request is relevant to the benchmark period if the carriage service provider that received the request is required to comply with the request during the benchmark period.
9A  Records for CSG services required to be connected in guaranteed maximum connection period specified in subsection 8(2) of the CSG Standard
(1)   A qualifying carriage service provider for a benchmark period must, in relation to each request that is:
(a)      made by a customer to the carriage service provider to connect a CSG service at a site; and
(b)     required to be complied with by the carriage service provider in the guaranteed maximum connection period specified in subsection 8(2) of the CSG Standard; and
(c)      relevant to the benchmark period,
keep a record of:
(d)     the name of the customer;
(e)      the address of the site to which the customer requests the CSG service be connected;
(f)      the date and time at which the carriage service provider received the request from the customer;
(g)     the date and time at which the guaranteed maximum connection period expires in relation to the request;
Note:      The guaranteed maximum connection period specified in subsection 8(2) of the CSG Standard for a customer is a period determined accordance with an approved standard marketing plan for a primary universal service provider for the universal service area in respect of a service obligation where the service is supplied or is being offered to be supplied.
(h)     if the carriage service provider and the customer made an arrangement of a kind mentioned in section 9 of the CSG Standard for connection in a period shorter or longer than the guaranteed maximum connection period – the date and time at which that period expires;
(i)       the date and time at which the carriage service provider complied with the request;
(j)       the connection period in working days;
(k)     if the carriage service provider failed to comply with the request in the guaranteed maximum connection period or a period arranged under section 9 of the CSG Standard, and that failure is wholly or partly attributable to one or more acts or omissions by another carriage service provider – the name of the other carriage service provider and a description of those acts or omissions; and
(l)       whether the site to which the customer requests a CSG service be connected, is located in:
(i)                 an urban area;
(ii)               a major rural area;
(iii)             a minor rural area; or
(iv)             a remote area.
(2)   For the purposes of this section, a request is relevant to the benchmark period if the carriage service provider that received the request is required to comply with the request during the benchmark period.
 [3]          Schedule 1, items 3 and 4
substitute
3     Performance information relating to in-place connection requests
A compliance report must include, in respect of each quarter covered by the report, the following information in relation to each nominated area:
(a)           the number of in-place connection requests that were required to be complied with by the carriage service provider during the quarter;
(b)          of those in-place connection requests that were required to be complied with by the carriage service provider during the quarter 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; and
(ii)   the number that were not complied with in that period; and
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.
(c)           of those requests referred to in paragraph (b) – the number that were not complied with in the guaranteed maximum connection period, or in the period arranged under section 9 of the CSG Standard, as the case may be, where the carriage service provider’s failure to do so was wholly or partly attributable to one or more acts or omissions by another carriage service provider.
4     Performance information relating to new connection requests
(1)      A compliance report must include, in respect of each quarter covered by the report, the following information in relation to each area described in subitem (2):
(a)           the number of new connection requests that were required to be complied with by the carriage service provider during the quarter;
(b)          of those new connection requests that were required to be complied with by the carriage service provider during the quarter 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; and
(ii)   the number that were not complied with in that period; and
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.
(c)           of those requests referred to in paragraph (b) – the number that were not complied with in the guaranteed maximum connection period, or in the period arranged under section 9 of the CSG Standard, as the case may be, where the carriage service provider’s failure to do so was wholly or partly attributable to one or more acts or omissions by another carriage service provider.
(2)      For the purposes of subitem (1), the areas are:
(a)           each nominated area; and
(b)          each of the following areas within each nominated area:
(i)       urban areas;
(ii)     major rural areas;
(iii)   minor rural areas; and
(iv)   remote areas.
 [4]          Schedule 1, paragraphs 5 (1) (b) and (c)
substitute
(b)        of those requests that were required to be complied with by the carriage service provider during the quarter 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; and
(ii)               the number that were not rectified in that period; and
(c)        of those requests referred to in paragraph (b) – the number that were not rectified in the guaranteed maximum rectification period, or in the period arranged under section 14 of the CSG Standard, as the case may be, where the carriage service provider’s failure to do so was wholly or partly attributable to one or more acts or omissions by another carriage service provider.
 [5]          Schedule 2, Tables 3, 4 and 5 (including notes)
substitute
Table 3 – Performance information relating to in-place connection requests
Nominated area
In-place connection requests
For quarter ending [insert]
For quarter ending [insert]

New South Wales and the Australian Capital Territory
Number of requests
 
 

Number (complied)
 
 

Number (did not comply)
 
 

Number (did not comply – other CSP)
 
 

Victoria
Number of requests
 
 

Number (complied)
 
 

Number (did not comply)
 
 

Number (did not comply – other CSP)
 
 

Queensland
Number of requests
 
 

Number (complied)
 
 

Number (did not comply)
 
 

Number (did not comply – other CSP)
 
 

Western Australia
Number of requests
 
 

Number (complied)
 
 

Number (did not comply)
 
 

Number (did not comply – other CSP)
 
 

South Australia
Number of requests
 
 

Number (complied)
 
 

Number (did not comply)
 
 

Number (did not comply – other CSP)
 
 

Tasmania
Number of requests
 
 

Number (complied)
 
 

Number (did not comply)
 
 

Number (did not comply – other CSP)
 
 

Northern Territory
Number of requests
 
 

Number (complied)
 
 

Number (did not comply)
 
 

Number (did not comply – other CSP)
 
 

Australia
Number of requests
 
 

Number (complied)
 
 

Number (did not comply)
 
 

Number (did not comply – other CSP)
 
 

 
Note 1:         The information to be included in Table 3 is the information referred to in item 3 of Schedule 1.
Note 2:         In Table 3, CSP means carriage service provider.
Note 3:         In Table 3, entries in the rows marked “Number (did not comply)” must comprise all requests referred to in subparagraph 3(b)(ii) of Schedule 1, including those that were not complied with due to acts or omissions by another carriage service provider. 
 
Table 4 – Performance information relating to new connection requests
Nominated area
New connection requests
For quarter ending [insert]

 
 
Urban Areas
Major Rural Areas
Minor Rural Areas
Remote Areas
Total

New South Wales and the Australian Capital Territory
Number of requests
 
 
 
 
 

Number (complied)
 
 
 
 
 

Number (did not comply)
 
 
 
 
 

Number (did not comply – other CSP)
 
 
 
 
 

Victoria
Number of requests
 
 
 
 
 

Number (complied)
 
 
 
 
 

Number (did not comply)
 
 
 
 
 

Number (did not comply – other CSP)
 
 
 
 
 

Queensland
Number of requests
 
 
 
 
 

Number (complied)
 
 
 
 
 

Number (did not comply)
 
 
 
 
 

Number (did not comply – other CSP)
 
 
 
 
 

Western Australia
Number of requests
 
 
 
 
 

Number (complied)
 
 
 
 
 

Number (did not comply)
 
 
 
 
 

Number (did not comply – other CSP)
 
 
 
 
 

South Australia
Number of requests
 
 
 
 
 

Number (complied)
 
 
 
 
 

Number (did not comply)
 
 
 
 
 

Number (did not comply – other CSP)
 
 
 
 
 

Tasmania
Number of requests
 
 
 
 
 

Number (complied)
 
 
 
 
 

Number (did not comply)
 
 
 
 
 

Number (did not comply – other CSP)
 
 
 
 
 

Northern Territory
Number of requests
 
 
 
 
 

Number (complied)
 
 
 
 
 

Number (did not comply)
 
 
 
 
 

Number (did not comply – other CSP)
 
 
 
 
 

Australia
Number of requests
 
 
 
 
 

Number (complied)
 
 
 
 
 

Number (did not comply)
 
 
 
 
 

Number (did not comply – other CSP)
 
 
 
 
 

 
Note 1:         The information to be included in Table 4 is the information referred to in item 4 of Schedule 1.
Note 2:         In Table 4, CSP means carriage service provider.
Note 3:         In Table 4, entries in the rows marked “Number (did not comply)” must comprise all requests referred to in subparagraph 4(1)(b)(ii) of Schedule 1 including those that were not complied with due to acts or omissions by another carriage service provider. 
Note 4:         If more than one quarter is covered by the report, a table in the form of Table 4 must be included in relation to each quarter.
Table 5 – Performance information relating to faults or service difficulties
Nominated area
Faults or service difficulties
For quarter ending [insert]
 

Urban Areas
Rural Areas
Remote Areas
Total

New South Wales and the Australian Capital Territory
Number of reports
 
 
 
 

Number (complied)
 
 
 
 

Number (did not comply)
 
 
 
 

Number (did not comply – other CSP)
 
 
 
 

Victoria
Number of reports
 
 
 
 

Number (complied)
 
 
 
 

Number (did not comply)
 
 
 
 

Number (did not comply – other CSP)
 
 
 
 

Queensland
Number of reports
 
 
 
 

Number (complied)
 
 
 
 

Number (did not comply)
 
 
 
 

Number (did not comply – other CSP)
 
 
 
 

Western Australia
Number of reports
 
 
 
 

Number (complied)
 
 
 
 

Number (did not comply)
 
 
 
 

Number (did not comply – other CSP)
 
 
 
 

South Australia
Number of reports
 
 
 
 

Number (complied)
 
 
 
 

Number (did not comply)
 
 
 
 

Number (did not comply – other CSP)
 
 
 
 

Tasmania
Number of reports
 
 
 
 

Number (complied)
 
 
 
 

Number (did not comply)
 
 
 
 

Number (did not comply – other CSP)
 
 
 
 

Northern Territory
Number of reports
 
 
 
 

Number (complied)
 
 
 
 

Number (did not comply)
 
 
 
 

Number (did not comply – other CSP)
 
 
 
 

Australia
Number of reports
 
 
 
 

Number (complied)
 
 
 
 

Number (did not comply)
 
 
 
 

Number (did not comply – other CSP)
 
 
 
 

 
Note 1:         The information to be included in Table 5 is the information referred to in item 5 of Schedule 1.
Note 2:         In Table 5, CSP means carriage service provider.
Note 3:         In Table 5, entries in the rows marked “Number (did not comply)” must comprise all faults or service difficulties referred to in subparagraph 5(1)(b)(ii) of Schedule 1, including those that were not rectified in that period due to acts or omissions by another carriage service provider. 
Note 4:         If more than one quarter is covered by the report, a table in the form of Table 5 must be included in relation to each quarter.
 
[6]       Schedule 2, Table 6, after note 2
insert
Note 3:         In Table 6, entries in the rows marked “Number (did not comply)” must comprise all appointments referred to in subparagraph 6(1)(b)(ii) of Schedule 1, including those appointments that are taken to have been missed in that period due to acts or omissions by another carriage service provider.