Telstra Carrier Charges—Price Control Arrangements, Notification and Disallowance Determination No. 1 of 2005
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(1) In this Determination, unless the contrary intention appears:
ACCC means the Australian Competition and Consumer Commission.
Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.
basic line rental service means a line rental supplied in conjunction with a service supplied to a customer in order to comply with the requirement to provide pre‑selection under a determination made by the Australian Communications and Media Authority under Part 17 of the Telecommunications Act 1997, other than a line rental in respect of which the customer contractually agrees not to exercise the right to pre‑select in favour of a carriage service provider other than Telstra.
Note: At the date on which this Determination is registered on the Federal Register of Legislative Instruments, Telstra’s basic line rental services are those supplied under Telstra’s Homeline Part and Businessline Part products.
business customer means a customer other than a residential customer or a charity customer.
calling card means a retail calling card that enables the making of calls from a public payphone, facsimile, modem or most telephone services, and the charges for such calls are debited from the stored value on the card or billed to a credit record maintained, or an account nominated, in respect of that card.
charging zone means a charging zone specified in the table in attachment 6 to the Telstra Public Switched Telephone Service (PSTS) Section of Telstra’s standard form of agreement known as ‘Our Customer Terms’ as in force or existing from time to time.
charity customer means a customer that is a charitable institution whose income is exempt from income tax under the Income Tax Assessment Act 1997.
connection means establishing the supply of a standard telephone service to the boundary of the Telstra network ascertained in accordance with section 22 of the Telecommunications Act 1997, but does not include:
(a) the supply or installation of materials or services (including network extension or trenching) to support the supply of a standard telephone service from the boundary of the Telstra network ascertained in accordance with section 22 of the Telecommunications Act 1997 (for example from a main distribution frame, network termination device, socket, satellite‑based facility or similar) to the location requested; or
(b) the supply, installation and connection of a telephone handset or other customer equipment.
connection service product means the grouping of connection services listed in column 2 of the table at Schedule 3.
CPI number means the number, expressed as a percentage, that represents the aggregate price movement in the all groups basket of the consumer price index:
(a) for the weighted average of the 8 Australian capital cities for:
(i) the first price‑cap period—the twelve months immediately preceding the first price‑cap period;
(ii) for subsequent price‑cap periods—the financial year immediately preceding the financial year in which the relevant price control (if any) is to apply; and
(b) that is based on the number published or, if, at the time the calculation is made, the number has not been published, that is estimated to be the number likely to be published, for that financial year (or part of the financial year for the first price‑cap period) by the Australian Statistician.
designated superfast telecommunications network means a wholesale‑only telecommunications network, other than the national broadband network, that:
(a) is used, or is proposed to be used, to supply one or more Layer 2 bitstream services wholly or principally to residential or small business customers, or prospective residential or small business customers, in Australia; and
(b) is used, or is proposed to be used, to supply a superfast carriage service wholly or principally to residential or small business customers, or prospective residential or small business customers, in Australia; and
(c) either:
(i) came into existence on or after 1 January 2011; or
(ii) was altered or upgraded on or after 1 January 2011 and, as a result of the alteration or upgrade, the network became capable of being used to supply a superfast carriage service to residential or small business customers, or prospective residential or small business customers, in Australia.
designated VOIP service means a VOIP service supplied by Telstra:
(a) in fulfilment of the universal service obligation; or
(b) in compliance with the obligations under a contract or grant entered into under section 13 of the Telecommunications Universal Service Management Agency Act 2012 for a purpose relating to the achievement of a policy objective set out in section 11 of that Act; or
(c) using the national broadband network; or
(d) using a designated superfast telecommunications network.
excluded customer means a business customer who is supplied with any or all of the services specified in clause 11 by Telstra on terms and conditions other than those set out in a standard form of agreement that is generally available to business customers.
exercising, in relation to a price‑cap, means varying a price in such a way as to not exceed the maximum average price permitted by the price‑cap.
first basket of services means the following group of services:
(a) local calls;
(b) trunk calls;
(c) international calls;
(d) line rentals.
first price‑cap period means the period:
(a) commencing at the beginning of 1 January 2006; and
(b) concluding at the end of 30 June 2007.
fourth basket of services means the group of services comprising connection services.
Note: The concept of the ‘fourth basket of services’ ceases to apply at the end of 30 June 2012. From that time, the price control arrangements for connections are dealt with through connection service products.
international call means a call using a standard telephone service on the public switched telecommunications network that is:
(a) an operator‑connected call between a place in Australia and a place outside Australia; or
(b) a direct‑dialled call between a place in Australia and a place outside Australia;
but does not include a call from a public mobile telecommunications service.
line rental means the ongoing supply of a standard telephone service to the boundary of the telecommunications network ascertained in accordance with section 22 of the Telecommunications Act 1997, but does not include:
(a) the supply or installation of materials or services (including network extension or trenching) to support the supply of a standard telephone service from the boundary of the telecommunications network ascertained in accordance with section 22 of the Telecommunications Act 1997 (for example from a main distribution frame, network termination device, socket, satellite‑based facility or similar) to the location requested; or
(b) the supply, installation and connection of a telephone handset or other customer equipment.
local call means an eligible local call as defined by section 106 of the Act.
national and international operator call connection service means a service provided to a customer to enable national long‑distance and international calls to be made:
(a) with the assistance of an operator; or
(b) by means of an automated voice response system or another technology‑based system.
national broadband network has the same meaning as in section 5 of the National Broadband Network Companies Act 2011.
national long‑distance call means a call using a standard telephone service on the domestic public switched telecommunications network from a charging zone in the domestic public switched telecommunications network to a telephone service (other than a public mobile telecommunications service) that is geographically located in another charging zone that is not immediately adjacent to the first‑mentioned charging zone.
payphone has the same meaning as in section 9C of the Act.
preferential call has the same meaning as in the Telstra Public Switched Telephone Service Section of Telstra’s standard form of agreement known as ‘Our Customer Terms’ as in force on 1 May 2002.
price‑cap period means the first price‑cap period or any subsequent financial year to which a price‑cap applies.
public payphone means a payphone:
(a) in a public place that is a place where the public usually has access, or usually has access except for particular hours of the day or particular days of the week; or
(b) in a prison, correctional centre, detention centre or similar facility.
residential customer means a customer who uses services of a kind ordinarily acquired for personal, domestic or household use primarily for personal, domestic or household use.
residential rate means the price for a service that Telstra charges a residential customer or a charity customer.
satellite service has the same meaning as in section 106 of the Telecommunications (Consumer Protection and Service Standards) Act 1999
school means:
(a) a school or similar institution at which full‑time primary education or full‑time secondary education, or both, is or are provided; or
(b) a school or similar institution at which education is provided that includes full‑time primary education or full‑time secondary education, or both;
which is a State or government school or is accepted for registration or accreditation as a school by a State or Territory.
second basket of services means the group of services comprising basic line rental services supplied to residential customers.
standard form of agreement means an agreement formulated for the purposes of Part 23 of the Telecommunications Act 1997.
subscription pricing package means:
(a) a product for any type or types of calls; or
(b) a joint product for any type or types of calls in combination with a line rental; or
(c) a product referred to in (a) or (b) in combination with any other product or service,
where the charges for line rental (where offered) and calls (where offered) are offered:
(d) for a single fixed price; or
(e) subject to an arrangement under which charges in addition to a single fixed price are payable only when calls, or particular types of calls, made exceed a predetermined number, value or duration; or
(f) subject to an arrangement under which a customer pays a single fixed price, and as a result, receives an entitlement to make local and/or trunk calls charged at a common price; or
(g) on a basis determined in writing by the Minister for the purposes of this definition
but does not include calls, or particular types of calls, for which an additional charge is payable as described in paragraph (e) of this definition.
superfast carriage service has the same meaning as in subsection 141(10) of the Telecommunications Act 1997.
telephony‑only service means a service that:
(a) involves the supply of a standard telephone service; and
(b) does not involve the supply of an internet carriage service.
third basket of services means the group of services comprising basic line rental services supplied to business customers and charity customers.
trunk call means a call, other than an international call or local call, made using a standard telephone service on the domestic public switched telecommunications network from a charging zone in the domestic public switched telecommunications network, and includes:
(a) a national long‑distance call; and
(b) a call to a public mobile telecommunications service; and
(c) a community call; and
(d) a preferential call.
untimed local call means a local call the charge for which is worked out regardless of how long the call lasts.
using, in relation to a price‑cap, means charging the maximum price that is permitted under the price‑cap.
VOIP service means a carriage service that enables a voice call to originate on customer equipment by means of the Internet Protocol.
(2) In this Determination, unless the contrary intention appears, Australia, carriage service, carriage service provider, carrier, customer equipment, directory assistance services, internet carriage service, Internet service provider, Layer 2 bitstream service, public mobile telecommunications service, standard telephone service, telecommunications network and universal service obligation have the same meanings as in the Telecommunications Act 1997.
(3) In a formula in this Determination, the expression “CPI‑” followed by a numerical figure is taken to mean the CPI number reduced by the value of the figure immediately following the expression.
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