26 Monitoring, remediation and reporting at the Cable Run level
(1) Each calendar month, the licensee must:
(a) prepare a remediation list which:
(i) contains a minimum of 40 cable runs selected using the method in Table 2 below; and
(ii) specifies the average network event volume, unique identification details, the ESA code and the performance ranking for each cable run; and
(b) give the list to ACMA within 15 working days of the end of each calendar month.
Section 26 - Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 - Monitoring, remediation and reporting at the Cable Run level | Zoe
<table cellspacing="0" cellpadding="0" style="width:378.55pt; margin-left:35.45pt; border-collapse:collapse"><thead><tr><td colspan="2" style="width:367.75pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Table 2</span></p></td></tr></thead><tbody><tr><td style="width:38.8pt; border-top:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Step 1</span></p></td><td style="width:318.15pt; border-top:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Exclude from eligibility for selection any cable runs that were included in a previous remediation list, unless remediation undertaken in relation to that cable run under this clause has resulted in a 90% reduction in the annual network event volume for that cable run.</span></p></td></tr><tr><td style="width:38.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Step 2</span></p></td><td style="width:318.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Select at least the 5 worst performing cable runs from ESA Category A.</span></p></td></tr><tr><td style="width:38.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Step 3</span></p></td><td style="width:318.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Select at least the 15 worst performing cable runs from ESA Category</span><span> </span><span>B.</span></p></td></tr><tr><td style="width:38.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Step 4</span></p></td><td style="width:318.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Select at least the 10 worst performing cable runs from ESA Category</span><span> </span><span>C.</span></p></td></tr><tr><td style="width:38.8pt; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Step 5</span></p></td><td style="width:318.15pt; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Select at least the 10 worst performing cable runs (regardless of ESA Category) not already included under earlier steps.</span></p></td></tr></tbody></table>
(2) On receipt of a remediation list under subclause (1), ACMA may:
(a) approve the list; or
(b) refuse to approve the list.
(3) If ACMA refuses to approve the remediation list, ACMA must direct the licensee to give ACMA a fresh remediation list within 5 working days. ACMA’s direction must have regard to the requirements of subclause (1).
(4) If ACMA decides to approve a remediation list, it must notify the licensee of its decision and the licensee must, within 6 calendar months of receipt of the notification, or such longer period as ACMA agrees in accordance with subclause (5), complete the remediation in relation to each of the cable runs on the list.
(5) If so requested by the licensee, in writing, ACMA may extend or further extend the period for the completion of remediation by a further period of up to 6 calendar months if the licensee satisfies ACMA that:
(a) the licensee is unable to gain access to the sites necessary to plan and implement the remediation for 4 of the 6 calendar months available for the licensee to complete the remediation; or
(b) the operation of Commonwealth, State or Territory law prevents the licensee from completing the remediation within the 6 calendar month period; or
(c) the licensee is unable to obtain materials necessary for the remediation and ACMA has approved a written plan to provide services to all affected customers.
(6) Any request by the licensee for an extension under subclause (5) must be made to ACMA:
(a) if paragraph (5)(a) applies, or the licensee reasonably expects that paragraph (5)(a) will apply—at least 20 working days before the end of the current period allowed for remediation; or
(b) if paragraph (5)(b) or (c) applies—within 15 working days of the licensee becoming aware of the operation of the law or the licensee’s inability to obtain necessary materials, as the case may be.
(7) ACMA must give the licensee written notice of its decision under subclause (5) within 15 working days of receipt of the licensee’s written request under subclause (6).
(8) Within 10 working days of the end of each calendar month ending after the end of six calendar months following the completion of the remediation of one or more cable runs, the licensee must report in writing to ACMA whether the licensee has achieved a 90 per cent reduction in the average network event volume for each of the cable runs. The report must include details of any reduction in the average network event volume for each of the cable runs.
(9) If the licensee has not achieved a 90 per cent reduction in the average network event volume for each of the cable runs, the report under subclause (8) must be accompanied by either:
(a) a fresh written remediation plan specifying:
(i) what remediation the licensee has undertaken in relation to each of the relevant cable runs;
(ii) the reasons why the previous remediation failed;
(iii) a summary of the fault or service difficulties occurring after the previous remediation; and
(iv) what further remediation the licensee plans to take in relation to each of the relevant cable runs; or
(b) a written application to ACMA to waive the requirement for a fresh remediation plan (a waiver application).
(10) If a waiver application is made, ACMA must notify the licensee of its decision on the application within 15 working days after ACMA receives the application.
(11) If ACMA approves a waiver application, then no further remediation is required under this clause unless the cable run is included in a future remediation list approved by ACMA under subclause (2).
(12) If ACMA does not approve a waiver application, then the licensee must provide to ACMA a further fresh written remediation plan satisfying the requirements of paragraph (9)(a) within 30 working days after the licensee’s receipt of ACMA’s notice under subclause (10).
(13) Unless ACMA approves a waiver application, the licensee must continue to undertake remediation action until there is, within 12 calendar months after receipt of the notification under subclause (10) or ACMA’s receipt of a fresh remediation plan under paragraph (9)(a), a 90 per cent reduction in the average network event volume. This reduction cannot be measured from earlier than the completion of the remediation referred to in subclause (4).
(14) Within 20 working days of the end of each financial year, the licensee must provide a written report to ACMA about remediation conducted under this clause in that financial year which includes:
(a) a single figure for the total number of services affected by either that remediation or by the remediation of other cable runs referred to in paragraph (d);
(b) a summary of the types of network plant remedied and the nature of the remediation work undertaken on those types of plant;
(c) for each cable run identified for remediation in a remediation list approved by ACMA under subclause (2), its size (ie whether it included 10 or 100 copper pairs), the ESA category and the number of services in operation supplied by that cable run; and
(d) details of other cable runs remedied in conjunction with remediation under this clause.