Telecommunications (Emergency Call Service) Amendment Determination 2007 (No. 1)
Telecommunications (Consumer Protection and Service Standards) Act 1999
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 147 (1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
Dated 25th October 2007
CHRIS CHAPMAN
Member
MARCUS BEZZI
General Manager Legal
Australian Communications and Media Authority
1 Name of Determination
This Determination is the Telecommunications (Emergency Call Service) Amendment Determination 2007 (No. 1).
2 Commencement
This Determination commences on the day after it is registered.
3 Amendment of Telecommunications (Emergency Call Service) Determination 2002
Schedule 1 amends the Telecommunications (Emergency Call Service) Determination 2002.
Schedule 1 Amendments
(section 3)
[1] After subsection 8 (4)
insert
(5) The provider must comply with its obligations under this section even if it claims that it does not supply a standard emergency telephone service.
Note Whether a carriage service provider is supplying a standard emergency telephone service is to be judged against the definition of that term in the Dictionary.
[2] Paragraph 16 (2) (a)
omit
section 17, 18 or 18A
insert
section 17, 17A, 18 or 18A
[3] After section 17
insert
17A Carrying emergency calls to answering points: location independent communications service
(1) A carriage service provider who supplies a location independent communications service must ensure that an emergency call using the service is carried to a point determined in accordance with subsection (2) or (3).
(2) For an emergency call using the emergency service number 000, the point is a point reasonably specified by the emergency call person for 000 and 112.
(3) For an emergency call using the emergency service number 106, the point is a point reasonably specified by the emergency call person for 106.
Note At the commencement of this Determination, the emergency call person for 106 was Australian Communication Exchange Limited.
(4) However, if the network carrying the emergency call does not allow direct delivery of the call to the point, or to another point where it can be answered by the relevant emergency call person, the provider must ensure that the call is delivered to the point by another network.
Note The arrangements made by the carriage service provider to ensure the call is delivered to the point by another network must be included in the arrangements mentioned in section 8.
[4] Subsection 19 (2), notes 1, 2 and 3
substitute
Note The document known as Industry Code ACIF C536:2003 Emergency Call Services Requirements, prepared by the Australian Communications Industry Forum, contains practical information to assist carriage service providers to meet their obligations under this Determination.
The document is available from Communications Alliance Ltd.
[5] Subsection 22 (2), note 2
substitute
Note 2 The document known as Industry Code ACIF C555:2007 Integrated Public Number Database (IPND), prepared by Communications Alliance Limited, places additional obligations on carriage service providers in relation to the IPND.
The document is available from Communications Alliance Ltd.
[6] Subsection 24 (3), note
substitute
Note A provider may be uncertain about the location of a fixed local service that it supplies, and the origin of an emergency call, for a number of reasons, including circumstances in which the customer’s actions may affect the location of the service without reference to the provider.
[7] After subsection 24 (3)
insert
(3A) The provider is taken to have complied with its obligations under paragraph (3) (b) if it sets the Alternate Address Flag to ‘True’ in the record provided to the IPND Manager for that service.
[8] After section 24
insert
24A Information identifying standard emergency telephone service: location independent communications service
(1) This section sets out a carriage service provider’s obligations in relation to each customer to whom the provider:
(a) has supplied a location independent communications service; and
(b) has issued a public number in relation to that service in accordance with the Telecommunications Numbering Plan 1997.
(2) The provider must ensure that the IPND Manager receives:
(a) the customer’s name; and
(b) correct information about the current location of the service, to the extent that the provider knows the location; and
(c) advice that the service may not be at that location, or that an emergency call using the service may be of uncertain origin; and
(d) if the customer has multiple services — a contact number for the customer.
(3) The provider is taken to have complied with its obligations under paragraph (2) (c) if it sets the Alternate Address Flag to ‘True’ in the record provided to the IPND Manager for that service.
(4) If the provider first supplies the service after this section commences, the provider must comply with subsections (2) and (3) before the end of the next business day after starting to supply the service.
(5) The provider must make arrangements to ensure that the information received by the IPND Manager (including the postcode of the location of a service) is as accurate as practicable at all times.
Note Postcode information is important in helping an emergency call person to decide which emergency service organisation should receive an emergency call.
(6) If a change to the service is made that affects the information the provider has given, the provider who supplies the service must ensure that the IPND Manager is informed about the change before the end of the next business day after the change is made.
Examples of changes
1 A different carriage service provider or intermediary starts to supply the service.
2 A new customer replaces the previous customer of the service.
(7) If the provider ceases to supply the service, the provider must, before the end of the next business day after ceasing to supply the service, ensure that the IPND Manager is informed that it has ceased to supply the service.
(8) The IPND Manager must inform the emergency call person for 000 and 112, in the capacity of emergency call person, about the changes mentioned in subsections (6) and (7) within 24 hours after the IPND Manager is informed about the changes.
[9] Subsections 30 (2) to (5), including the notes
substitute
(2) The provider is not required to ensure that the service will give the emergency call person the number from which the call is made if:
(a) the caller has made the call:
(i) using the emergency service number 000 or 112 using a public mobile telecommunications service; or
(ii) using the emergency service number 000 or 106 using a location independent communications service; and
(b) the provider is unable to identify the number from which the call is made.
(3) If an emergency call is made to the emergency service number 000, 112 or 106 using:
(a) a public mobile telecommunications service; or
(b) a satellite service; or
(c) a location independent communications service;
the carriage service provider must give the relevant emergency call person all the relevant information that is available about the caller’s approximate location in accordance with Industry Guideline ACIF G557:2007 Standardised Mobile Service Area and Location Indicator Register, published by Communications Alliance Ltd and as in force from to time.
(4) If an emergency call is made to the emergency service number 000, 112 or 106 using a fixed local service, the carriage service provider must give the relevant emergency call person the following information:
(a) that the call is being made using a fixed local service;
(b) the State or Territory from which the call originated;
using an appropriate code from Industry Guideline ACIF G557:2007 Standardised Mobile Service Area and Location Indicator Register, published by Communications Alliance Ltd and as in force from time to time.
[10] Dictionary, before definition of Act
insert
ACMA means the Australian Communications and Media Authority.
[11] Dictionary, after definition of Act
insert
Alternate Address Flag means the field in the IPND that provides information about whether or not the physical location of a caller may reliably be taken to be at the address provided to the IPND Manager for the service.
[12] Dictionary, after definition of IPND Manager
insert
location independent communications service means a carriage service that:
(a) is capable of voice telephony; and
(b) for a call to the emergency service number 000 or 106 — identifies a point of termination for the call; and
(c) is none of the following:
(i) a fixed local service;
(ii) a public mobile telecommunications service;
(iii) a satellite service.
Note 1 The requirement in paragraph (a) that the service ‘is capable of voice telephony’ is a minimum requirement. A service that meets the definition may be capable of other additional functions.
Note 2 The term location independent communications service is used and defined in the Telecommunications Numbering Plan 1997 as a type of carriage service. The definition in this Determination refers to the same type of carriage service but defines it by reference to characteristics relevant to this Determination.
A location independent communications service includes:
(a) a service that has both dial‑in and dial‑out functionality; and
(b) a combination of services that, together, provide dial‑in and dial‑out functionality.
[13] Dictionary, definition of standard emergency telephone service, examples
substitute
Examples of services that an end‑user would reasonably expect to use, as a first choice, to make emergency calls
1 Local access services.
2 Public mobile telecommunications services.
3 Listed carriage services supplied by a carriage service intermediary.
4 Text telephony for a person who is unable to use voice telephony.
5 Satellite services, other than maritime satellite services.
6 Public payphones.
7 Location independent communications services.
[14] Dictionary, definition of state or territory emergency service, note
omit
· ACA (the Australian Communications Authority)
· access (in relation to an emergency call service)
insert
· access (in relation to an emergency call service)
· ACMA (the Australian Communications and Media Authority)
[15] Dictionary, definition of state or territory emergency service, note
after
· recognised person who operates an emergency call service
insert
· standard telephone service
[16] Further amendments
Provision
omit
insert
section 6, note, background, first paragraph
the ACA
ACMA
section 6, note, background, second paragraph
the ACA must
ACMA must
section 6, note, background, second paragraph
the ACA may
ACMA may
subsection 9 (2)
the ACA
ACMA
subsection 9 (3)
the ACA about
ACMA about
subsection 9 (3)
the ACA at
ACMA at
subsection 10 (4), note
the ACA
ACMA
paragraph 14 (2) (e)
the ACA
ACMA
subsection 24 (3), note
The ACA
ACMA
paragraph 28 (1) (a)
the ACA
ACMA
paragraph 28 (1) (b)
the ACA
ACMA
paragraph 28 (1) (c)
the ACA
ACMA
subsection 28 (2)
the ACA
ACMA
paragraph 28 (3) (d)
the ACA
ACMA
paragraph 28 (3) (f)
the ACA
ACMA
subsection 41 (1)
the ACA
ACMA
subsection 41 (2)
If the ACA
If ACMA
paragraph 41 (2) (a)
the ACA
ACMA
paragraph 41 (2) (b)
the ACA
ACMA
subsection 41 (3), note 1
the ACA
ACMA
subsection 42 (1)
the ACA
ACMA
subsection 42 (2)
If the ACA
If ACMA
paragraph 42 (2) (a)
the ACA
ACMA
paragraph 42 (2) (b)
the ACA
ACMA
subsection 42 (3), note 1
the ACA
ACMA
paragraph 43 (1) (n)
the ACA
ACMA
subsection 43 (2)
the ACA
ACMA
subsection 44 (3)
If the ACA
If ACMA
paragraph 44 (3) (a)
the ACA
ACMA
paragraph 44 (3) (b)
the ACA
ACMA
subsection 45 (2)
the ACA
ACMA
subsection 45 (3)
The ACA
ACMA
subsection 45 (4)
The ACA
ACMA
