27Monitoring, prevention, remediation and reporting at the CSG service level

27 Monitoring, prevention, remediation and reporting at the CSG service level

(1) The licensee must take such reasonable action as is necessary to prevent a CSG service from experiencing more than 3 fault or service difficulties in a rolling 60 calendar day period. (2) The licensee must take such reasonable action as is necessary to prevent a CSG service from experiencing more than 4 fault or service difficulties in a rolling 365 calendar day period. (3) In a case where a CSG service experiences more than 3 fault or service difficulties in a rolling 60 calendar day period or more than 4 fault or service difficulties in a rolling 365 calendar day period, the licensee must investigate the performance of the CSG service and undertake such remediation of the service as is necessary. (4) In a case where one or more CSG services experience more than 3 fault or service difficulties in a rolling 60 calendar day period or more than 4 fault or service difficulties in a rolling 365 calendar day period, the licensee must report the matter to ACMA within 10 working days of the end of each calendar month in which a contravention has occurred, or such other timeframe as ACMA agrees in writing, providing the following details: (a) the telephone number, or such other unique identifier as ACMA agrees in writing, of the CSG services; (b) the geographical locator of the CSG services; (c) the ESA and FSA to which the CSG services relate; (d) details of fault or service difficulties in relation to the CSG services; (e) any action taken by the licensee to prevent the occurrence of the fault or service difficulties; (f) the licensee’s conclusion as to the underlying cause of the fault or service difficulties, and the licensee’s reasons for reaching this conclusion; (g) such results as are available at the reporting date of the licensee’s investigation under subclause (3); (h) any action taken by the licensee to remedy the fault or service difficulties concerned; (i) the action the licensee proposes to take to remedy the CSG services; and (j) the proposed timeframe for remediation of the CSG services and supporting reasons for the timeframe specified.

Note: The information that the licensee is to provide under this subclause is not limited to information specific to the access line on which fault or service difficulties occur, but may include information on other parts of the network that may cause fault or service difficulties on that access line if ACMA, following consultation with the licensee, considers that that information is relevant.

(5) ACMA may request the licensee, in writing, to give ACMA, within 15 working days, or such other timeframe as ACMA agrees in writing, further information about the report. (6) After considering the licensee’s proposed remediation action under paragraphs (4)(i) and (j), ACMA may agree, or refuse to agree, to the action. (7) If ACMA neither agrees, nor refuses to agree, to the proposed remediation action before whichever of the following periods is applicable: (a) if ACMA did not give a request under subclause (5) in relation to the proposed remediation action—the period of 10 working days after the day on which ACMA received the licensee’s report under subclause (4); (b) if ACMA gave a request under subclause (5) in relation to the proposed remediation action—the period of 10 working days after the day on which the request was complied with; ACMA is taken, at the end of that period, to have agreed to the proposed remediation action. (8) If ACMA refuses to agree to the proposed remediation action, ACMA must give written notice of the refusal to the licensee, together with ACMA’s reasons for the refusal. (9) If ACMA notifies the licensee under subclause (8), the licensee must: (a) review the proposed remediation action with a view to addressing ACMA’s concerns; and (b) submit a revised proposal for remediation to ACMA within 10 working days after receiving ACMA’s notice under subclause (8), or such other timeframe as ACMA agrees in writing. (10) If the licensee submits a revised proposal as mentioned in paragraph (9)(b), subclauses (6), (7) and (8) apply to the revised proposal in the same way as they apply to the original proposal for remediation action. (11) The licensee must complete the remediation to which ACMA has agreed, or to which ACMA is taken to have agreed under subclause (7), and demonstrate to ACMA’s satisfaction that the agreed remediation has been completed within the timeframes specified in the agreed remediation plan or such other timeframes as ACMA agrees in writing. (12) Within 15 working days after the end of each quarter, or within such other timeframe as ACMA agrees in writing, the licensee must provide information to ACMA under this clause for publication by ACMA at its discretion (taking into account any views of the licensee concerning publication of the information) where the remediation action to which ACMA has agreed, or to which ACMA is taken to have agreed under subclause (7), has not been undertaken within the agreed timeframe. (13) If one or more fault or service difficulties occur in relation to one or more CSG services during the remediation period (subsequent faults), the licensee must ensure that the remediation that is either planned or underway addresses the root cause or causes of the subsequent faults. Subsequent faults are not otherwise to be treated as fault or service difficulties for the purposes of this clause. (14) If one or more fault or service difficulties occur in relation to one or more CSG services during the monitoring period, the licensee must report the fault or service difficulties to ACMA within 10 working days of the end of each calendar month in which the difficulties occurred. (15) For the purposes of this clause, the licensee must provide sufficient information to ACMA, including its own assessment of whether a fault or service difficulty is related, to allow ACMA to satisfy itself whether a fault or service difficulty that occurs during the monitoring period is a related fault or service difficulty. The licensee must provide this information to ACMA to allow ACMA to make its decision within 15 working days after ACMA receives the report mentioned in subclause (14). (16) If one or more related fault or service difficulties occur in relation to a CSG service during the monitoring period, the licensee must: (a) within 20 working days after the end of the period mentioned in subclause (15): (i) re‑examine its remediation in light of the related fault or service difficulties; and (ii) examine and address, by further remediation, the root cause or causes of the fault or service difficulties; (b) within 20 working days of taking action under paragraph (a), report to ACMA in relation to its further remediation of the fault or service difficulties. (17) The monitoring period commences again immediately after ACMA notifies the licensee that it has received the licensee’s report under subclause (16). (18) In this clause: