Telecommunications (Payphone Consultation Document) Guidelines 2012

Link to law: https://www.comlaw.gov.au/Details/F2012L01833

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Telecommunications (Payphone Consultation Document) Guidelines 2012
 
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes these Guidelines under paragraph 13 (1) (a) of the Telecommunications Universal Service Obligation (Public Consultation on the Location or Removal of Payphones) Determination 2011.
Dated 28th August 2012
Chris Chapman
[signed]
Member
Richard Bean
[signed]
Member/General Manager
 
 
 
Part 1         Preliminary                                                                                    3
1.1             Name of guidelines                                                                                3
1.2             Purpose                                                                                                 3
1.3             Commencement                                                                                    3
Part 2         Definitions                                                                                     4
Part 3         Purpose and application                                                         5
3.1             Legislative background                                                                         5
3.2             Payphone removal notification requirements                                       5
3.3             Payphone removal display notice requirements                                  6
3.4             Payphone consultation document (PCD) requirements                       7
3.5             What the PUSP must do when preparing a PCD                                 8
3.6             Payphone removal complaint referred to the ACMA                            9
Part 4         Guidelines on PCD format—when maintaining the payphone at the site would not deliver a net social benefit to the local community 10
Part 5         Guidelines on PCD format—when there is demonstrated community support to remove the payphone from the site                             16
Part 6         Guidelines on PCD format—when the PUSP cannot continue to reasonably operate the payphone at the site                                                         19
Part 7         Guidelines on PCD format—when an existing payphone is to be relocated in the same place or area                                                                        23
 
 
Part 1        Preliminary
1.1                         Name of guidelines
These guidelines are the Telecommunications (Payphone Consultation Document) Guidelines 2012.
 
1.2                  Purpose
The ACMA has prepared these guidelines for the purposes of paragraph 13 (1) (a) of the Telecommunications Universal Service Obligation (Public Consultation on the Location or Removal of Payphones) Determination 2011.
 
1.3                  Commencement
These guidelines commence on the day after they are registered.
 
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.
Part 2        Definitions
2.1                  In these guidelines, unless the contrary intention appears:
ACMA means the Australian Communications and Media Authority.
decile means any one of the numbers or values in a series dividing the distribution of the individuals in the series into 10 groups of equal frequency.
Payphone Complaint Rules Determination means the Telecommunications Universal Service Obligation (Payphone Complaint Rules) Determination 2011 made under section 12EH of the TCPSS Act.
Payphone Location Determination means the Telecommunications Universal Service Obligation (Location of Payphones) Determination 2011 made under section 12EF of the TCPSS Act.
Payphone Public Consultation Determination means the Telecommunications Universal Service Obligation (Public Consultation on the Location or Removal of Payphones) Determination 2011 made under section 12EG of the TCPSS Act.
primary universal service provider has the meaning given by section 12A of the TCPSS Act.
PUSP means the primary universal service provider.
TCPSS Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.
2.2                  In these guidelines, unless the contrary intention appears, the following terms have the meaning given to them in the Payphone Public Consultation Determination:
(a)      final decision;
(b)     local government body; and
(c)      payphone removal proposal.
2.3                  In these guidelines, unless the contrary intention appears, the following terms have the meaning given to them in the Payphone Location Determination:
(a)      payphone site; and
(b)     site.
Part 3        Purpose and application
3.1                  Legislative background
(1)                   The Payphone Public Consultation Determination establishes the public consultation processes that a PUSP must follow when making decisions about installing, removing or relocating a payphone where:
(a)      the payphone is situated (or is proposed to be situated) at a payphone site that is specified in the payphone register that is in force under Part 5 of the Payphone Location Determination; and
(b)     the payphone is provided (or is to be provided) in accordance with the PUSP’s Universal Service Obligation (USO) specified in section 9 of the TCPSS Act.
(2)                   Division 2 of Part 2 of the Payphone Public Consultation Determination sets out the consultation requirements that the PUSP must follow where it proposes to remove a payphone from a site and, if that removal were to occur, no payphone would remain at the site.
Note        For the avoidance of doubt, Division 2 of Part 2 of the Payphone Public Consultation Determination does not apply where a payphone is removed because the property owner of the site withdraws consent to keep the payphone installed at the site.
 
(3)                   Under subsection 20 (1) of the Payphone Location Determination, if a PUSP must ensure that at least one payphone is located at a site in order to comply with section 6 of that Determination, a payphone may only be removed from that site if:
(a)      the decision to remove the payphone has been made in accordance with the rules set out in the Payphone Public Consultation Determination about the process for public consultation on the removal of a payphone; and
(b)     one or more of the following criteria applies:
(i)      maintaining the payphone at the site would not deliver a net social benefit to the local community;
(ii)     there is demonstrated community support for removing the payphone from the site;
(iii)    the PUSP cannot continue to reasonably operate the payphone at the site; or
(iv)    if the existing site is at a place or area of a type described in Division 1 of Schedule 1 to the Payphone Location Determination — a payphone is to be relocated at a new site within that place or area.
(4)                   A payphone must not be removed while the PUSP’s final decision is subject to a complaint or objection as outlined in section 14 of the Payphone Complaint Rules Determination.
 
3.2                  Payphone removal notification requirements
                        Section 9 of the Payphone Public Consultation Determination sets out the notification requirements for a payphone removal proposal where the PUSP proposes to remove a payphone from a site and, if that removal were to occur, no payphone would remain at the site. The PUSP must, at least 42 days prior to the date by which it intends to make a final decision on the removal proposal:
(a)      display a notice that meets the requirements of section 10 of the Payphone Public Consultation Determination:
(i)      on the payphone or payphone cabinet which is proposed to be removed; or
(ii)     where reasonably practicable, near the payphone which is proposed to be removed; and
(b)     provide written notification (which must include the information specified in subsection 10 (3) of the Payphone Public Consultation Determination) of the proposal to:
(i)      the relevant local government body;
(ii)     the owner of the land from which it is proposed the payphone will be removed;
(iii)    the occupier, if the relevant land is occupied by a person other than the owner; and
(c)      publish a notification (which must include the information specified in subsection 10 (3) of the Payphone Public Consultation Determination) of the proposal:
(i)      in a local newspaper; and
(ii)     prominently on the first page of the PUSP’s section of its website relating to payphones, and maintain this notification until the date it makes the final decision on the removal proposal; and
(d)     prepare and publish a payphone consultation document (PCD) that complies with the requirements in section 13 of the Payphone Public Consultation Determination.
 
3.3                  Payphone removal display notice requirements
(1)                   Section 10 of the Payphone Public Consultation Determination sets out the requirements of a display notice. A display notice can either be placed on a payphone or payphone cabinet that is proposed to be removed, or — where reasonably practicable — near a payphone that is proposed to be removed.
 
(2)                   A display notice placed on a payphone or payphone cabinet that is proposed to be removed (subparagraph 9 (2) (a) (i) of the Payphone Public Consultation Determination) must be:
(a)      fixed to the payphone itself or the structure supporting the payphone;
(b)     clearly visible to a person using the payphone; and
(c)      printed in indelible ink.
(3)                   Alternatively, a display notice placed near a payphone that is proposed to be removed (subparagraph 9 (2) (a) (ii) of the Payphone Public Consultation Determination), must be:
(a)      clearly visible to the public and placed within the line of sight of a person using the payphone; and
(b)     printed in indelible ink.
(4)                   A display notice must include (subsection 10 (3) of the Payphone Public Consultation Determination):
(a)      a description of the site from which the payphone is proposed to be removed;
(b)     details of the location of a payphone that is the nearest payphone to the payphone proposed to be removed;
(c)      the date by which the PUSP intends to make a final decision on the proposal;
(d)     an explanation of how a person may make a submission to the PUSP before a final decision is made; and
(e)      the website address from which to download a copy of the PCD.
                       
 
3.4                  Payphone consultation document (PCD) requirements
(1)                   Section 13 of the Payphone Public Consultation Determination requires that the PCD must:
(a)      comply with any ACMA guidelines that set out the format for such a document; and
(b)     include the following information:
(i)      the PUSP’s reasons for the payphone removal proposal including facts upon which the proposal is based;
(ii)     to the extent that it is available, and it is reasonable for the PUSP to disclose it, evidence proving those facts;
(iii)    a statement about which criteria under paragraph 20 (1) (b) of the Payphone Location Determination are considered to apply to the proposed payphone removal;
(iv)    details of how a person can make a complaint about the proposed removal of the payphone; and
(v)     notification, for the purposes of the Privacy Act 1988, that should a person make a complaint, the PUSP may be required to disclose the complainant’s personal information (as contained in the complaint) to the ACMA.
(2)                   Under subsection 12EH (2) of the TCPSS Act, a PUSP must comply with the rules set out in the Payphone Complaint Rules Determination for resolving a complaint about the location or removal of a payphone.
 
(3)                   Under subsection 13 (2) of the Payphone Public Consultation Determination, the PUSP must:
(a)      publish a copy of the PCD on the first page of the section of its website relating to payphones at least 42 days prior to the date by which it intends to make a final decision on the proposal; and
(b)     ensure that a copy of the PCD remains accessible on its website for the duration of that 42 day period.
 
3.5                  What the PUSP must do when preparing a PCD
(1)                   These guidelines apply in circumstances where there would be no other payphone remaining at a site after the proposed removal. In applying these guidelines, the PUSP must:
(a)      consider which criteria outlined in paragraph 20 (1) (b) of the Payphone Location Determination apply; and
(b)     prepare the PCD in accordance with the table in the applicable part of these guidelines which relates to those criteria, as set out below.
(2)                   The PUSP only needs to prepare one PCD for the payphone concerned. It must use the applicable table as the template for the PCD (as it sets out guidelines on the format of the PCD) and complete it in accordance with the guidance provided by the ACMA. If two or more parts of these guidelines apply to the same payphone removal proposal, the PCD will need to include the tables from each of the applicable parts.
 
(3)                   Provisions requiring complaints-related information are common to each table (see legislative requirements (iv) and (v) in the left-hand column of the tables) in each part. If the PUSP uses two or more tables to form the PCD, it only needs to address these requirements once.
 
(4)                   Part 4 of these guidelines provides guidance on the format for a PCD to be used when the PUSP is proposing to remove a payphone because it considers that:
·      Maintaining the payphone at the site would not deliver a net social benefit to the local community (subparagraph 20 (1) (b) (i) of the Payphone Location Determination).
(5)                   Part 5 of these guidelines provides guidance on the format for a PCD to be used when the PUSP is proposing to remove a payphone because it considers that:
·      There is demonstrated community support for removing the payphone from the site (subparagraph 20 (1) (b) (ii) of the Payphone Location Determination).
(6)                   Part 6 of these guidelines provides guidance on the format for a PCD to be used when the PUSP is proposing to remove a payphone because:
·      The PUSP cannot continue to reasonably operate the payphone at the site (subparagraph 20 (1) (b) (iii) of the Payphone Location Determination).
(7)                   Part 7 of these guidelines provides guidance on the format for a PCD to be used when the PUSP is proposing to remove a payphone which is located at a payphone site (the existing payphone site) which is at a place or area of a type described in Division 1 of Schedule 1 of the Payphone Location Determination and a payphone is to be relocated at a new payphone site within that same place or area (subparagraph 20 (1) (b) (iv) of the Payphone Location Determination).
 
3.6                  Payphone removal complaint referred to the ACMA
(1)                   A person can complain to the PUSP (about the final decision) within 20 working days of the PUSP giving written notification of its final decision to remove the payphone. If a complaint has been made to the PUSP during this time and the complainant is not satisfied with the PUSP’s response, the complainant may, within 10 working days after receiving the PUSP’s response to the complaint, lodge an objection with the ACMA. See section 7 of the Payphone Complaint Rules Determination for details.
 
(2)                   The ACMA will then notify the PUSP that it intends to conduct a review of the PUSP’s decision. The PUSP must provide the ACMA with certain information (see subsection 13 (2) of the Payphone Complaint Rules Determination).
 
(3)                   If the ACMA reviews a payphone removal decision and considers that the PUSP has breached its obligations under the Payphone Location Determination or the Payphone Public Consultation Determination, it may issue a direction under section 12EI of the TCPSS Act for the payphone concerned. Such a direction may require the PUSP to not remove the payphone concerned or, if it has already been removed, to reinstall it. The PUSP must comply with a direction issued under section 12EI.
Part 4        Guidelines on PCD format—when maintaining the payphone at the site would not deliver a net social benefit to the local community
 
4.1                                      For paragraph 13 (1) (a) of the Payphone Public Consultation Determination, this part of the guidelines sets out the format of the PCD that applies if the PUSP considers that maintaining the payphone at the site would not deliver a net social benefit to the local community (under subparagraph 20 (1) (b) (i) of the Payphone Location Determination).
 
4.2                                      In preparing a PCD in these circumstances, the PUSP must use Table 1 as its template and include its responses underneath each of the ACMA’s guidelines outlined in the right-hand column. These guidelines only apply to the proposed removal of the last remaining payphone at a site and, if this part applies, the PUSP must have had regard to the ACMA’s Payphone (Assessment of Net Social Benefit) Guidelines (available on the ACMA website) before completing the PCD. The assessments made by the PUSP against the Payphone (Assessment of Net Social Benefit) Guidelines will form the basis for the evidence provided within the PCD.
 
4.3                                      In the Payphone (Assessment of Net Social Benefit) Guidelines, an assessment is made against 11 parameters for payphone removals and nine parameters for payphone installations. It is only the parameters for payphone removals that are relevant to this part of the guidelines.
 
4.4                                      The PCD must contain all of the information set out in paragraph 13 (1) (b) of the Payphone Public Consultation Determination (outlined in the left-hand column of Table 1) and the PUSP must comply with the ACMA’s guidelines outlined in the right-hand column. To the extent that it is available, and it is reasonable for the PUSP to disclose it, certain evidence proving those facts upon which the payphone removal proposal is based must be disclosed in the PCD.
 

Table 1: Legislative requirement
Paragraph 13 (1) (b) of the Payphone Public Consultation Determination
Public Consultation Document—when maintaining the payphone at the site would not deliver a net social benefit to the local community

i)      the PUSP’s reasons for the payphone removal proposal including facts upon which the proposal is based
 
Why we are proposing to remove this payphone
ACMA guideline
After having had regard to the Payphone (Assessment of Net Social Benefit) Guidelines, the PUSP must clearly state why, on balance, maintaining the payphone at the site would not deliver a net social benefit to the local community. The PUSP must also include the facts upon which the proposal is based. Based on the PUSP’s net social benefit assessment, it should complete the following table by ticking (þ) whichever outcome applies:
 
PUSP response:
Social benefit assessment
(see ii below)
Increased likelihood of providing a social benefit outcome
Decreased likelihood of providing a social benefit outcome
Not applicable[1]

No. 1
 
 
 

No. 2
 
 
 

No. 3
 
 
 

No. 4
 
 
 

No. 5
 
 
 

No. 6
 
 
 

No. 7
 
 
 

No. 8
 
 
 

No. 9
 
 
 

No. 10
 
 
 

No. 11
 
 
 


ii)    to the extent that it is available, and it is reasonable for the PUSP to disclose it, evidence proving those facts
Evidence to prove the facts upon which this proposal is based
ACMA guideline
For each applicable social benefit assessment completed by the PUSP under the Payphone (Assessment of Net Social Benefit) Guidelines, to the extent that it is available, and it is reasonable for the PUSP to disclose it, the evidence that the PUSP may provide in support of its reasons for removal of the payphone includes:

Social benefit assessment no. 1: Whether the PUSP made a total net profit or total net loss (from operating the payphone) in the most recent 12 months from the date of assessment, and a description of the ‘reasonable steps’ that the PUSP has taken to minimise the costs of maintaining the payphone, which may include the installation of a robust phone or card-only phone.
PUSP response:
A. “The ‘net loss’ dollar figure for the most recent 12 months was: $ ________”; OR “The payphone made a net profit in the most recent 12 months”;
B. Description of the ‘reasonable steps’ taken to minimise the costs of maintaining the payphone:
 


Social benefit assessment no. 2: The total volume of calls for the most recent 24 months from the date of assessment, broken down into two 12-month periods.
PUSP response:
Call volumes were ‘steady or increasing’ or ‘declining’ (delete whichever is not applicable) for the most recent 24 months. Call volumes for the most recent 12 months totalled: _________. Call volumes for the 12 months prior totalled: __________.


Social benefit assessment no. 3: Whether the revenues from the payphone ‘will cover’ or ‘will not cover’ the depreciation and maintenance cost of maintaining the payphone on an annual basis.
PUSP response:
 


Social benefit assessment no. 4: Whether the funding (if any) provided to install or maintain the payphone, including any payments made to the PUSP by the Commonwealth ‘will cover’ or ‘will not cover’ the depreciation and maintenance cost of maintaining the payphone on an annual basis.
PUSP response:
 


Social benefit assessment no. 5: The name (if known) and type of each of the applicable community facilities or the name of any national parks located within a one-kilometre radius of the proposed payphone removal site.
PUSP response:
 


Social benefit assessment no. 6: The applicable decile[2] the community falls into (for the purpose of this assessment) and a hyperlink to the specific source of this information.
PUSP response:
 


Social benefit assessment no. 7: Whether the proportion of the community—relative to the applicable state/territory average—that is aged 65 years or over is ‘above average’ or ‘below average’ and a hyperlink to the specific source of this information.
PUSP response:
 


Social benefit assessment no. 8: Whether the proportion of the community—relative to the applicable state/territory average—that is aged between 15 and 24 years is ‘above average’ or ‘below average’ and a hyperlink to the specific source of this information.
PUSP response:
 


Social benefit assessment no. 9: Whether there is adequate mobile phone coverage[3] at the payphone site or no mobile phone coverage at the payphone site, and either a hyperlink to the PUSP’s mobile phone network coverage map (the payphone site address details must be located next to the hyperlink) or the date on which the PUSP tested the mobile phone coverage at the payphone site which must not be more than 3 months prior to the date the assessment is made.  
PUSP response:
 


Social benefit assessment no. 10: The distance in metres or kilometres (whichever is appropriate) to the next nearest PUSP-operated payphone, and a website address or hyperlink to the ‘Telstra Public Payphone Locator’ that shows the next nearest PUSP-operated payphone.
PUSP response:
 


Social benefit assessment no. 11: The total number of genuine emergency calls[4] from the payphone concerned for the most recent 12 months from the date of assessment.
PUSP response:
 


iii)  a statement about which criteria under paragraph 20 (1) (b) of the Payphone Location Determination are considered to apply to the proposed payphone removal
The criterion that applies to this proposed payphone removal
ACMA guideline
The format for this statement should be as follows:
>     ‘Maintaining the payphone at the site would not deliver a net social benefit to the local community.’
PUSP response:
 


iv)  details of how a person can complain about the proposed removal of the payphone
How a complaint (or a request for further information) may be made
ACMA guideline
In this section, the PUSP must include[5] details about how a complaint (or a request for further information) may be made to the PUSP about the proposed payphone removal.
The PUSP must provide contact details of its complaints-handling section including a phone number and details of the method by which a person may make a written complaint (such as an email address, or link to an online complaints form).
This section should also include information (including time frames) about how a person may make a written objection to the ACMA if they are not satisfied with the PUSP’s response to their complaint.
PUSP response:
 


v)    notification, for the purposes of the Privacy Act 1988, that should a person make a complaint, the PUSP may be required to disclose the complainant’s personal information (as contained in the complaint) to the ACMA
Notification for the purposes of the Privacy Act 1988
ACMA guideline
In addition to complying with the requirements of the Privacy Act 1988, the PUSP must include notification that if a complaint is made to the PUSP, the personal information of the complainant may be disclosed to the ACMA for the purposes of resolving the complaint.
PUSP response:
 


Part 5        Guidelines on PCD format—when there is demonstrated community support to remove the payphone from the site
 
5.1                                      For paragraph 13 (1) (a) of the Payphone Public Consultation Determination, this part of the guidelines sets out the format of the PCD that applies if the PUSP considers there is demonstrated community support to remove the payphone from the site (subparagraph 20 (1) (b) (ii) of the Payphone Location Determination).
5.2                                      In preparing a PCD in these circumstances, the PUSP must use Table 2 as its template and include its responses underneath each of the ACMA’s guidelines outlined in the right-hand column. These guidelines only apply to the proposed removal of the last remaining payphone at a site.
5.3                                      The PCD must contain all of the information set out in paragraph 13 (1) (b) of the Payphone Public Consultation Determination (outlined in the left-hand column of Table 2) and the PUSP must comply with the ACMA’s guidelines outlined in the right-hand column. To the extent that it is available, and it is reasonable for the PUSP to disclose it, certain evidence proving those facts upon which the payphone removal proposal is based must be disclosed in the PCD.
 
 

Table 2: Legislative requirement
Paragraph 13(1)(b) of the Payphone Public Consultation Determination
Public Consultation Document—when there is demonstrated community support to remove the payphone from the site

i)      the PUSP’s reasons for the payphone removal proposal including facts upon which the proposal is based
Why we are proposing to remove this payphone
ACMA guideline
For the payphone concerned, the PUSP must clearly state why there is demonstrated community support to remove the payphone from the site. The PUSP must also include the facts on which the proposal is based—for example, this could include a statement such as:
>     the PUSP has received a number of petitions from members of the community to remove the payphone concerned.
PUSP response:


ii)    to the extent that it is available, and it is reasonable for the PUSP to disclose it, evidence proving those facts
Evidence to prove the facts upon which this proposal is based
ACMA guideline
To the extent that it is available, and it is reasonable for the PUSP to disclose it, the evidence that it may provide includes:
>     copies attached to the PCD, or details of how interested people may obtain copies, of any correspondence received from the local community demonstrating support to remove the payphone from the site. The PUSP must obtain prior consent from submitters to publicly release their correspondence.
>     if consent is not obtained, the PUSP may publish a statement such as: ‘The PUSP has received [insert number of pieces of correspondence received] pieces of correspondence(s) from the local community demonstrating support to remove the payphone from the site.’ Note: a correspondent must only be counted once.
PUSP response:


iii)  a statement about which criteria under paragraph 20 (1) (b) of the Payphone Location Determination are considered to apply to the proposed payphone removal
The criterion that applies to this proposed payphone removal
ACMA guideline
The format for this statement should be as follows:
>              ‘There is demonstrated community support to remove the payphone from the site.’
PUSP response:


iv)  details of the means by which a complaint may be made by a person who wishes to make a complaint about the proposed removal of the payphone
How a complaint (or a request for further information) may be made
ACMA guideline
In this section, the PUSP must include[6] details about how a complaint (or a request for further information) may be made to the PUSP about the proposed payphone removal.
The PUSP must provide contact details of its complaints-handling section including a phone number and details of the method by which a person may make a written complaint (such as an email address, or link to an online complaints form).
This section should also include information (including time frames) about how a person may make a written objection to the ACMA if they are not satisfied with the PUSP’s response to their complaint.
PUSP response:


v)    notification, for the purposes of the Privacy Act 1988, that should a person make a complaint, the PUSP may be required to disclose the complainant’s personal information (as contained in the complaint) to the ACMA
Notification for the purposes of the Privacy Act 1988
ACMA guideline
In addition to complying with the requirements of the Privacy Act 1988, the PUSP must include a notification that if a complaint is made to the PUSP, the personal information of the complainant may be disclosed to the ACMA for the purposes of resolving the complaint.
PUSP response:


 
Part 6        Guidelines on PCD format—when the PUSP cannot continue to reasonably operate the payphone at the site
 
6.1                                      For paragraph 13 (1) (a) of the Payphone Public Consultation Determination, this part of the guidelines sets out the format of the PCD that applies if the PUSP considers it cannot continue to reasonably operate the payphone at the site (subparagraph 20 (1) (b) (iii) of the Payphone Location Determination).
 
6.2                                      In determining whether a payphone can continue to reasonably be operated at a site, regard may be had to the following matters (subsection 20 (4) of the Payphone Location Determination):
(a)      subject to subsection 20 (7), whether the PUSP continues to hold, or is able to obtain, relevant approvals for the operation of a payphone at the payphone site;
(b)     subject to subsection 20 (7), whether the PUSP continues to hold, or is able to obtain relevant approvals for access to the payphone site; or
(c)      the safety of the public, users of the payphone and the PUSP’s employees and agents.
6.3                                      Subsection 20 (7) of the Payphone Location Determination provides that in assessing whether a payphone can reasonably be installed and operated at a new payphone location under subsection 20 (4), the PUSP must take all reasonable steps required to obtain the relevant approvals for the operation of a payphone at the payphone site and for access to the payphone site.
 
6.4                                      Subsection 20 (4) of the Payphone Location Determination limits the matters to which regard may be had in determining whether a payphone can continue to reasonably be operated at a site (subsection 20 (5) of the Payphone Location Determination) to those specified in subsection 20 (4).
 
6.5                                      In preparing a PCD in these circumstances, the PUSP must use Table 3 as its template and include its responses underneath each of the ACMA’s guidelines outlined in the right-hand column. These guidelines only apply to the proposed removal of the last remaining payphone at a site.
 
6.6                                      The PCD must contain all of the information set out in paragraph 13 (1) (b) of the Payphone Public Consultation Determination (outlined in the left-hand column of Table 3) and the PUSP must comply with the ACMA’s guidelines outlined in the right-hand column. To the extent that it is available, and it is reasonable for the PUSP to disclose it, certain evidence proving those facts upon which the payphone removal proposal is based must be disclosed in the PCD.
 

Table 3: Legislative requirement
Paragraph 13 (1) (b) of the Payphone Public Consultation Determination
Public Consultation Document—when the PUSP cannot continue to reasonably operate the payphone at the site

i)      the PUSP’s reasons for the payphone removal proposal including facts upon which the proposal is based
Why we are proposing to remove this payphone
ACMA guideline
For the payphone concerned, the PUSP must clearly state why it cannot reasonably operate the payphone at the site. It must also include the facts upon which the proposal is based—for example, these could include:
>     reference to any of the applicable criteria in subsection 20 (4) of the Payphone Location Determination:
a.     the PUSP has taken all reasonable steps required to obtain the relevant approvals and does not continue to hold, or is unable to obtain, relevant approvals for the operation of a payphone at the payphone site;
b.     the PUSP has taken all reasonable steps required to obtain the relevant approvals and does not continue to hold, or is unable to obtain, relevant approvals for access to the payphone site; or
c.     the PUSP is concerned for the safety of the public, users of the payphone and the provider’s employees and agents.
PUSP response:


ii)    to the extent that it is available, and it is reasonable for the PUSP to disclose it, evidence proving those facts
Evidence to prove the facts upon which this proposal is based
ACMA guideline
If the PUSP has nominated criterion (a) above, to the extent that it is available, and it is reasonable for the PUSP to disclose it, the evidence that it may provide includes:
>     the reasonable steps it has taken to obtain the relevant approvals to operate the payphone at the site; and
>     why it does not continue to hold, or is unable to obtain, the relevant approvals to operate a payphone at the site.
PUSP response:
 
 
ACMA guideline
If the PUSP has nominated criterion (b) above, to the extent that it is available, and it is reasonable for the PUSP to disclose it, the evidence that it may provide includes:
>     the reasonable steps it has taken to obtain the relevant approvals to access the payphone site; and
>     why it does not continue to hold, or is unable to obtain, the relevant approvals for access to the payphone site.
PUSP response:
 
 
ACMA guideline
If the PUSP has nominated criterion (c) above, to the extent that it is available, and it is reasonable for the PUSP to disclose it, the evidence that it may provide includes:
>     why the PUSP is concerned for the safety of the public, users of the payphone and/or its employees and agents.
PUSP response:
 


iii)  a statement about which criteria under paragraph 20 (1) (b) of the Payphone Location Determination are considered to apply to the proposed payphone removal
The criterion that applies to this proposed payphone removal
ACMA guideline
The format for this statement should be as follows:
>     ‘The PUSP cannot continue to reasonably operate the payphone at the site.’
PUSP response:
 


iv)  details of the means by which a complaint may be made by a person who wishes to make a complaint about the proposed removal of the payphone
How a complaint (or a request for further information) may be made
ACMA guideline
In this section, the PUSP must include[7] details about how a complaint (or a request for further information) may be made to the PUSP about the proposed payphone removal.
The PUSP must provide contact details of its complaints-handling section including a phone number and details of the method by which a person may make a written complaint (such as an email address, or link to an online complaints form).
This section should also include information (including time frames) about how a person may make a written objection to the ACMA if they are not satisfied with the PUSP’s response to their complaint.
PUSP response:
 


v)    notification, for the purposes of the Privacy Act 1988, that should a person make a complaint, the PUSP may be required to disclose the complainant’s personal information (as contained in the complaint), to the ACMA
Notification for the purposes of the Privacy Act 1988
ACMA guideline
In addition to complying with the requirements of the Privacy Act 1988, the PUSP must include a notification that if a complaint is made to the PUSP, the personal information of the complainant may be disclosed to the ACMA for the purposes of resolving the complaint.
PUSP response:
 


Part 7        Guidelines on PCD format—when an existing payphone is to be relocated in the same place or area
 
7.1                                      For paragraph 13 (1) (a) of the Payphone Public Consultation Determination, this part of the guidelines sets out the format of the PCD that applies if the PUSP considers that subparagraph 20 (1) (b) (iv) of the Payphone Location Determination applies. That is:
(a)      the existing payphone site is located at a place or area of a type described in Division 1 of Part 1 of Schedule 1 of the Payphone Location Determination (see below); and
(b)     the PUSP is proposing to relocate the payphone to a new site within that place or area.
7.2                                      Each of the following are considered places and areas for the purpose of these guidelines (Division 1 of Part 1 of Schedule 1 of the Payphone Location Determination):
(a)      retail centres;
(b)     entertainment venues;
(c)      transport hubs;
(d)     health and community facilities;
(e)      residential communities in cities and towns with an average or high level of home telephone connection;
(f)      residential communities (including caravan parks and holiday units) in cities and towns with low home phone connection;
(g)     industrial or commercial areas;
(h)     small villages and towns (including holiday areas) with a permanent population of 200 or more persons;
(i)       places and areas within state or national parks where there are permanent facilities and regular park staff visits;
(j)       small service centres on highways and major roads in rural and remote areas where there is adequate mobile phone coverage;
(k)     small service centres on highways and major roads in rural and remote areas where there is inadequate mobile phone coverage; and
(l)       small remote communities, including Indigenous outstations.
7.3                                      In preparing a PCD in these circumstances, the PUSP must use Table 4 as its template and include its responses underneath each of the ACMA’s guidelines outlined in the right-hand column. These guidelines only apply to the proposed removal (relocation) of the last remaining payphone at a site.
 
7.4                                      The PCD must contain all of the information set out in paragraph 13 (1) (b) of the Payphone Public Consultation Determination (outlined in the left-hand column of Table 4) and the PUSP must comply with the ACMA’s guidelines outlined in the right-hand column. To the extent that it is available, and it is reasonable for the PUSP to disclose it, certain evidence proving those facts upon which the payphone removal proposal is based must be disclosed in the PCD.

Table 4: Legislative requirement
Paragraph 13 (1) (b) of the Payphone Public Consultation Determination
Public Consultation Document—when an existing payphone is to be relocated in the same place or area of a type described in Division 1 of Schedule 1 of the Payphone Location Determination

i)      the PUSP’s reasons for the payphone removal proposal including facts upon which the proposal is based
Why we are proposing to remove this payphone
ACMA guideline
For the payphone concerned, the PUSP must clearly state why it is proposing to relocate the existing payphone to a new site within the same place or area as the existing payphone. It must also include the facts upon which the proposal is based—for example, these could include:
>     the applicable place or area described in Division 1 of Schedule 1 of the Payphone Location Determination where the existing payphone is located; and
>     the specific address details (including reference to any nearby facilities) for both the existing and the new proposed payphone site. For example, the format for this response could be: ‘The PUSP is proposing to relocate the existing payphone on the corner of Smith and Jones streets 400 metres north to outside the service station at 70 Smith Street.’
PUSP response:


ii)    to the extent that it is available, and it is reasonable for the PUSP to disclose it, evidence proving those facts
Evidence to prove the facts upon which this proposal is based
ACMA guideline
To the extent that it is available, and it is reasonable for the PUSP to disclose it, the evidence that the PUSP may provide includes:
>     a website address to access an online mapping locator (for example, Google Maps) that identifies the existing location of the payphone that is proposed to be relocated and its proposed new location.
PUSP response:


iii)  a statement about which criteria under paragraph 20 (1) (b) of the Payphone Location Determination are considered to apply to the proposed payphone removal
The criterion that applies to this proposed payphone removal
ACMA guideline
The format for this statement should be as follows:
>     ‘The existing payphone site is at a place or area of a type described in Division 1 of Schedule 1 of the Payphone Location Determination and a payphone is to be relocated at a new site within that place or area.’
PUSP response:


iv)  details of the means by which a complaint may be made by a person who wishes to make a complaint about the proposed removal of the payphone
How a complaint (or a request for further information) may be made
ACMA guideline
In this section, the PUSP must include[8] details about how a complaint (or a request for further information) may be made to the PUSP about the proposed payphone removal.
The PUSP must provide contact details of its complaints-handling section including a phone number and details of the method by which a person may make a written complaint (such as an email address, or link to an online complaints form).
This section should also include information (including time frames) about how a person may make a written objection to the ACMA if they are not satisfied with the PUSP’s response to their complaint.
PUSP response:


v)    notification, for the purposes of the Privacy Act 1988, that should a person make a complaint, the PUSP may be required to disclose the complainant’s personal information (as contained in the complaint), to the ACMA
Notification for the purposes of the Privacy Act 1988
ACMA guideline
In addition to complying with the requirements of the Privacy Act 1988, the PUSP must include a notification that if a complaint is made to the PUSP, the personal information of the complainant may be disclosed to the ACMA for the purposes of resolving the complaint.
PUSP response:


 

[1] In some cases, social benefit assessments 4, 10 and 11 may not apply. For further information, please refer to the Payphone (Assessment of Net Social Benefit) Guidelines.
[2] ‘Decile’ means any one of the numbers or values in a series dividing the distribution of the individuals in the series into 10 groups of equal frequency. The Payphone (Assessment of Net Social Benefit) Guidelines provide that for the purposes of social benefit assessment no. 6, the PUSP should have regard to the Socio-Economic Disadvantage Index (prepared by the Australian Bureau of Statistics). This index is suburb based and derived from the most recent Australian census variables related to disadvantage, such as low income, low educational attainment, unemployment, and dwellings without motor vehicles.
[3] The Payphone Location Determination defines ‘adequate mobile phone coverage’ as handheld terrestrial mobile phone coverage at street level in the relevant place or area. Mobile coverage maps are available on most service providers’ websites.
[4] For the purpose of these guidelines, a ‘genuine emergency call’ is an emergency call connected by the Emergency Call Person for Triple Zero (000) or 112 (currently Telstra) to an Emergency Service Organisation.
[5] The PUSP is also required to comply with the Payphone Complaint Rules Determination.
[6] The PUSP is also required to comply with the Payphone Complaint Rules Determination.
[7] The PUSP is also required to comply with the Payphone Complaint Rules Determination.
[8] The PUSP is also required to comply with the Payphone Complaint Rules Determination.