Section 1 - Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999 - Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999 | Zoe
Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999
as amended
made under section 124 of the
Telecommunications (Consumer Protection and Service Standards) Act 1999
This compilation was prepared on 17 July 2006
taking into account amendments up to Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999 (Amendment No. 1 of 2006)
The text of any of those amendments not in force on that date is appended
in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
Part 1 Preliminary
1 Citation [see Note 1]
2 Revocation of former Direction
3 Commencement [see Note 1]
4 Definitions
Part 2 Performance standards
Division 1 Preliminary
5 Definitions
Division 2 Direction
6 Direction to make performance standards
7 Subject matter of standards [see Note 2]
Division 3 Matters to be dealt with in standards
Subdivision A Arrangements
9 Arrangements for connection and rectification
Subdivision B Connection to a specified service
10 Guaranteed maximum connection period (Act, paragraph 115 (1) (b))
11 Agreement about connection period (Act, paragraph 115 (1) (b))
Subdivision C Faults and service difficulties
12 Guaranteed maximum rectification period (Act, paragraph 115 (1) (d))
13 Faults or service difficulties — sites to which paragraph 12 (2) (b) or (c) applies
14 Reporting of fault or service difficulties etc
15 Agreement about rectification period (Act, paragraph 115 (1) (d))
Subdivision D Appointments
16 Appointments
Division 4 Compliance with standards
17 Application of standards (Act, subsection 115 (4))
18 Exclusions — credit standing of customer
19 Exclusions –– more than 5 eligible telephone services
19A Temporary Exemptions
Part 3 Damages
20 Direction to specify a scale of damages for breach of performance standards (Act, section 117)
21 Particular categories of contraventions and damages
22 Co-operation by customers
Schedule 1 Guaranteed maximum connection period where site is in close proximity to external plant facilities
Part 1 Interpretation
Part 2 Guaranteed maximum connection period
Schedule 2 Categories of contraventions of performance standards and damages
Part 1 Interpretation
Part 2 Contraventions and damages
Schedule 3 Criteria for extreme weather conditions
Notes
Part 1 Preliminary
1 Citation [see Note 1]
This Direction may be cited as the Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999.
2 Revocation of former Direction
The Telecommunications (Customer Service Guarantee) Direction No. 1 of 1997 is revoked.
Note The Telecommunications (Customer Service Guarantee) Direction No. 1 of 1997 was published in the Gazette on 27 June 1997. It was varied by the Telecommunications (Customer Service Guarantee) Direction No. 1 of 1997 (Amendment No. 1 of 1998) published in the Gazette on 6 July 1998.
3 Commencement [see Note 1]
This Direction commences on gazettal.
4 Definitions
In this Direction:
ACMA has the same meaning as in the Australian Communications and Media Authority Act 2005.
Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.
alternative service means a service that provides a customer with access to a telephone service.
Note An example of an alternative service is a call diversion to a mobile telephone service or a second fixed telephone service.
building includes a structure, a caravan and a mobile home.
carriage service has the same meaning as in the Telecommunications Act 1997.
carriage service provider has the same meaning as in the Telecommunications Act 1997.
carrier has the same meaning as in the Telecommunications Act 1997.
CSG service means an eligible telephone service supplied by a carriage service provider (including a reseller) to a customer of the provider, but does not include:
(a) a public mobile telecommunications service;
(b) a designated basic rate ISDN service; or
(c) a satellite service;
unless such a service is supplied or offered to be supplied in fulfilment of the obligation specified in paragraph 9 (1) (a) of the Act.
Note A CSG service is not intended to include sophisticated business oriented services such as Telstra’s Centel, Siteline, Worldsource VMS or CVPN services and similar services, offered by Telstra or other carriage service providers, unless they are supplied or offered to be supplied in fulfilment of the obligation specified in paragraph 9 (1) (a) of the Act.
customer means:
(a) a customer of a carriage service provider; or
(b) a person who requests or has requested the connection of a specified service;
but does not include:
(c) a carrier; or
(d) a carriage service provider.
designated basic rate ISDN service has the same meaning as in subsection 10E (4) of the Act.
eligible telephone service means:
(a) a standard telephone service; or
(b) a carriage service that would be a standard telephone service but for the fact that it is used for a purpose other than the purpose specified in paragraph 6 (1) (a) or (b) of the Act.
enhanced call handling feature means any of the following features when activated by a carriage service provider:
(a) call waiting (enabling a customer to receive a second call on a telephone service while engaged on a call);
(b) call forwarding (causing a call directed to a number to be redirected to a stored number);
(c) call barring (enabling a customer to control access to some, or all, network numbers before a call is established), but not a call barring option that a carriage service provider programs into its network;
(d) calling number display (enabling a customer to identify the number of a calling party);
(e) calling number display blocking (enabling a customer to prevent the display of his or her number to a called party);
(f) any other enhanced feature, about which the ACMA considers it appropriate to make a standard, that:
(i) can be supplied as part of the CSG service; and
(ii) can establish, maintain, modify or terminate a call made using the CSG service.
external plant facility means a facility that is:
(a) not located in a telephone exchange; and
(b) accessible by a carriage service provider to connect a customer of the carriage service provider to a standard telephone service.
extreme weather conditions means weather conditions that meet one or more of the criteria specified in Schedule 3.
facility has the same meaning as in the Telecommunications Act 1997.
interim service means a service that satisfies the requirements (if any) specified in a written instrument made by the ACMA:
(a) that provides a customer with:
(i) a service for voice telephony; or
(ii) service equivalent to a service for voice telephony where voice telephony is not practical for a customer with a disability;
which may or may not include at the provider’s discretion a data capability or any enhanced call handling feature; and
(b) for which that customer is, or may be, charged an amount for the ongoing supply of that service at the location requested by the customer that does not exceed the amount that the customer would have been charged if the customer were supplied on request with a CSG service; and
(c) that is supplied to a customer:
(i) if the location requested by the customer is a remote location without infrastructure and the supply of the service is no later than 14 April 2003:
(A) for a period that does not exceed 12 months from the time of the customer’s request for the connection of a standard telephone service; or
(B) with the agreement of the customer, for a longer period; and
(ii) in any other case:
(A) for a period that does not exceed 6 months from the time of the customer’s request for the connection of a standard telephone service; or
(B) with the agreement of the customer, for a longer period.
Note An example of the provision of an interim service is the provision of a mobile telephone service (at standard telephone service rates) to replace a standard telephone service.
numbering plan has the same meaning as in the Telecommunications Act 1997.
performance standard means a performance standard under section 115 of the Act.
public mobile telecommunications service has the same meaning as in the Telecommunications Act 1997.
remote location without infrastructure means:
(a) a site that is not within a standard zone where the site is either:
(i) not in close proximity to external plant facilities (being facilities used in the supply of a telephone service); or
(ii) in close proximity to such facilities where the facilities needed to supply the service do not have sufficient available capacity to support the service requested by the customer at the time of the request; or
(b) a site that is within a standard zone but not within:
(i) an urban centre; or
(ii) a locality or other recognised community grouping with a population equal to or greater than 200 people;
where the site is either:
(iii) not in close proximity to external plant facilities (being facilities used in the supply of a telephone service); or
(iv) in close proximity to such facilities where the facilities needed to supply the service do not have sufficient available capacity to support the service requested by the customer at the time of the request.
Note More information about the current method of delimitation of urban centres and localities, together with a listing of current urban centres and localities, may be found in the Australian Bureau of Statistics publication entitled Statistical Geography: Volume 3 – Australian Standard Geographical Classification (ASGC) Urban Centres/Localities, 1996 Cat. No. 2909.0.
reseller means a carriage service provider who acquires a carriage service from another carriage service provider for the purpose of supplying that service to a customer.
satellite service has the same meaning as in subsection 106 (4) of the Act.
site means:
(a) land; or
(b) a building on land; or
(c) a structure on land.
specified service means:
(a) the CSG service; or
(b) an enhanced call handling feature.
standard zone has the same meaning as in section 108 of the Act.
standard telephone service has the same meaning as in section 6 of the Act.
telecommunications industry has the same meaning as in the Telecommunications Act 1997.
TIO means the Telecommunications Industry Ombudsman appointed under the Telecommunications Industry Ombudsman scheme.
Telecommunications Industry Ombudsman scheme has the same meaning as in the Telecommunications (Consumer Protection and Service Standards) Act 1999.
working day means a day that is not a Saturday, a Sunday or a public holiday in the place concerned.
Note DefinitionsA number of expressions used in this Direction are defined in the Act, including:approved standard marketing planprimary universal service providerservice obligationuniversal service area
Part 2 Performance standards
Note Performance standards
Under section 115 of the Act, the ACMA may make standards to be complied with by carriage service providers in relation to various matters concerning specified carriage services. This Part contains a direction by the Minister to the ACMA under section 124 of the Act to make standards for the services mentioned in the direction. The direction sets out some specific requirements about the matters mentioned in section 115 of the Act.
Division 1 Preliminary
5 Definitions
In this Part:
connection period means the period taken to connect a customer to a specified service in response to a request by the customer.
guaranteed maximum connection period is explained in clause 10.
guaranteed maximum rectification period is explained in clause 12.
rectification period means the period taken to rectify a fault or service difficulty in a specified service, whether in response to a report by the customer or in other circumstances mentioned in this Direction.
Division 2 Direction
6 Direction to make performance standards
(1) The ACMA must make performance standards in accordance with this Division and Division 3 for each specified service.
(2) A single performance standard may deal with all, or only some, specified services.
(3) Before making a performance standard, the ACMA may consult, as appropriate, with the telecommunications industry and groups representing consumers of carriage services.
7 Subject matter of standards [see Note 2]
(1) The performance standards must deal with the matters specified in Division 3.
(2) The performance standards may deal with any other matter (apart from billing arrangements) that the ACA thinks appropriate if the matter is ancillary or incidental to a matter specified in Division 3.
Division 3 Matters to be dealt with in standards
Subdivision A Arrangements
9 Arrangements for connection and rectification
(1) Performance standards for a specified service must contain provisions about the making of arrangements with customers for a carriage service provider to:
(a) connect customers to the service; and
(b) rectify faults or service difficulties.
(2) Subject to clauses 11 and 15, performance standards must require carriage service providers, in making the arrangements mentioned in subclause (1), to make reasonable efforts to obtain the agreement of the customer to the terms of those arrangements, particularly in regard to:
(a) the connection period; and
(b) the rectification period.
Subdivision B Connection to a specified service
10 Guaranteed maximum connection period (Act, paragraph 115 (1) (b))
(1) Performance standards must specify a guaranteed maximum connection period.
(2) For the purposes of subclause (1), the guaranteed maximum connection period by a carriage service provider for a customer is:
(a) where:
(i) the site at which the customer wishes a specified service to be connected is in close proximity to external plant facilities (being facilities used in the supply of the service); and
(ii) the facilities needed to supply the service have sufficient available capacity to support the service requested by the customer at the time of the request;
the period specified in Part 2 of Schedule 1;
(b) where the site at which the customer wishes a specified service to be connected is either:
(i) not in close proximity to external plant facilities (being facilities used in the supply of the service); or
(ii) in close proximity to such facilities where the facilities needed to supply the service do not have sufficient available capacity to support the service requested by the customer at the time of the request;
in accordance with an approved standard marketing plan for a primary universal service provider for the universal service area in respect of a service obligation where the service is to be supplied or is offered to be supplied.
(3) For the purposes of subclause (2), the ACMA may, by instrument in writing, specify the circumstances in which a site is to be regarded as being in close proximity to external plant facilities.
(4) Performance standards must provide for a carriage service provider to comply with a request for connection within the guaranteed maximum connection period unless the provider has made an arrangement with a customer about the connection period of a kind mentioned in clause 11.
11 Agreement about connection period (Act, paragraph 115 (1) (b))
(1) Performance standards must provide that a carriage service provider may offer a shorter connection period than the guaranteed maximum connection period.
(2) Performance standards must provide that if a customer, when making a request for connection to a specified service, specifies a date after the end of the guaranteed maximum connection period as the date from which the customer requires the connection, the carriage service provider may make an arrangement with the customer to connect the specified service on that date.
(3) Performance standards must provide that a customer may agree to accept a special offer from a carriage service provider that specifies a connection date after the end of the guaranteed maximum connection period.
(4) Performance standards must require that any offer made under subclause (3) must comply with such consumer safeguards as the ACMA considers appropriate.
(5) Subject to subclauses (1), (2) and (3), performance standards must provide that a carriage service provider must comply with an arrangement with a customer for a connection to be provided:
(a) on an agreed date; or
(b) within an agreed period.
Subdivision C Faults and service difficulties
12 Guaranteed maximum rectification period (Act, paragraph 115 (1) (d))
(1) Performance standards must specify a guaranteed maximum rectification period.
(2) Performance standards may specify different guaranteed maximum rectification periods where:
(a) the site at which a specified service is supplied is within an urban centre with a population equal to or greater than 10,000 people;
(b) the site at which a specified service is supplied is within:
(i) an urban centre with a population less than 10,000 people; or
(ii) a locality or other recognised community grouping with a population equal to or greater than 200 people; or
(c) paragraph (a) or (b) does not apply to the site at which a specified service is supplied.
(3) Performance standards may specify longer guaranteed maximum rectification periods for sites to which paragraphs (2) (b) and (c) apply than for sites to which paragraph (2) (a) applies.
(4) A performance standard relating to a site to which paragraph (2) (a) applies must provide that, for a service supplied at such a site, the guaranteed maximum rectification period is the end of the first full working day after receipt of a customer report about a fault or service difficulty.
(5) Performance standards must provide for a carriage service provider to rectify a fault or service difficulty within the guaranteed maximum rectification period unless the provider has made an arrangement with a customer of a kind mentioned in clause 15.
Note Performance standards must provide that some things are taken not to be faults or service difficulties, see subclause 18 (2).
(6) In this clause:
(a) a reference to an urban centre is a reference to a geographic area defined as an urban centre in accordance with criteria used by the Australian Bureau of Statistics for the most recent Australian Census;
(b) a reference to a locality is a reference to a geographic area defined as a locality in accordance with criteria used by the Australian Bureau of Statistics for the most recent Australian Census.
Note More information about the current method of delimitation of urban centres and localities, together with a listing of current urban centres and localities, may be found in the Australian Bureau of Statistics publication entitled ‘Statistical Geography: Volume 3 – Australia Standard Geographical Classification (ASGC) Urban Centres/Localities’, 1996 Cat. No. 2909.0).
13 Faults or service difficulties — sites to which paragraph 12 (2) (b) or (c) applies
(1) This clause applies to performance standards that relate to sites to which paragraph 12 (2) (b) or (c) applies.
(2) In specifying a guaranteed maximum rectification period for a site to which paragraph 12 (2) (b) or (c) applies, the ACMA must have regard to everything it considers relevant to specification of the period.
Note The guaranteed maximum rectification period specified for a site to which paragraph 12 (2) (b) or (c) applies may be longer than the period for a site to which paragraph 12 (2) (a) applies: see subclause 12 (3).
(3) Performance standards must provide that if:
(a) the fault or service difficulty can be rectified by the carriage service provider without:
(i) external plant work; or
(ii) internal plant work; or
(iii) the provider attending the premises of the customer; or
(b) the fault or service difficulty is that the specified services have been disconnected by the carriage service provider due to an administrative error not involving physical damage to facilities;
the guaranteed maximum rectification period is the end of the first full working day after receipt of a customer report about a fault or service difficulty.
(4) Performance standards may specify guaranteed maximum rectification periods for faults or service difficulties detected by equipment used by the carriage service provider for detecting faults or service difficulties in the operation of specified services at sites to which paragraph 12 (2) (b) or (c) applies.
(5) Performance standards must provide that the guaranteed maximum rectification period for a fault or service difficulty detected by a carriage service provider runs from the time the fault or service difficulty is detected.
(6) Performance standards must require a carriage service provider to ensure that, if it uses equipment that is capable of recording or establishing when a fault occurred, the record of when the fault occurred, or the means of establishing when the fault occurred, is available for a reasonable period after the occurrence of the fault.
(7) Performance standards must provide that any person may report a fault or service difficulty at a site to which paragraph 12 (2) (b) or (c) applies to the carriage service provider.
(8) Performance standards must provide that the guaranteed maximum rectification period for a fault or service difficulty reported as mentioned in subclause (7) runs from the time the fault or service difficulty was reported.
Note Performance standards must provide that some things are taken not to be faults or service difficulties, see subclause 18 (2).
14 Reporting of fault or service difficulties etc
Performance standards must provide that if a carriage service provider (the first provider) becomes aware that:
(a) there is a fault or service difficulty in the network of another carriage service provider (the second provider); and
(b) acts or omissions of the second provider may contribute to the first provider being wholly or partly in contravention of a performance standard in relation to connection, rectification or the keeping of appointments;
the first provider must report the matter to the second provider as soon as practicable after the first provider becomes aware of the matter.
15 Agreement about rectification period (Act, paragraph 115 (1) (d))
(1) Performance standards must provide that a carriage service provider may offer a shorter rectification period than the guaranteed maximum rectification period.
(2) Performance standards must provide that if a customer, when making a request for rectification, specifies a date after the end of the guaranteed maximum rectification period as the date from which the customer requires the rectification, the carriage service provider may make an arrangement with a customer to rectify the fault or service difficulty on that date.
(3) Subject to subclauses (1) and (2), performance standards must provide for a carriage service provider to comply with an arrangement with a customer for a fault or service difficulty to be rectified:
(a) on an agreed date; or
(b) within an agreed period.
Subdivision D Appointments
16 Appointments
(1) Performance standards must specify criteria for determining whether an appointment to meet a customer for the purposes mentioned in paragraph 115 (1) (e) of the Act has been kept.
(2) The criteria must promote the offering by carriage service providers of attendance arrangements that are convenient for customers.
(3) The criteria must permit both the carriage service provider and the customer to change an appointment by giving reasonable notice of the change or by obtaining agreement to it.
(4) Performance standards may set out the circumstances in which a carriage service provider or a customer is taken to have missed an appointment.
(5) For the purposes of subclause (4), performance standards may set out different circumstances for sites in relation to which there may be difficulties in keeping appointments.
Note An example of such difficulties is where fault repair staff are required to travel long distances for an appointment to meet a customer.
(6) Performance standards may state whether it is acceptable for a carriage service provider to offer an appointment between particular times (for example, for an afternoon or a morning) rather than a specific time but only where the period between the particular times offered does not exceed 5 hours.
(7) The circumstances referred to in subclause (5) may include that a carriage service provider will not be taken to have missed an appointment if the provider arrives for the appointment within a specified period after the time, or after the end of the period, for which the appointment was arranged, provided the specified period does not exceed 45 minutes.
Note Under clause 22 of this Direction, performance standards must provide that, in determining whether a carriage service provider has contravened a standard in relation to the making of an arrangement or an appointment with a customer, regard must be had to whether the customer unreasonably withheld agreement to an arrangement or an appointment offered by the provider.
Division 4 Compliance with standards
17 Application of standards (Act, subsection 115 (4))
(1) Subject to this clause, performance standards must exempt a carriage service provider from compliance with the standards to the extent that non-compliance is due to circumstances beyond the control of the provider, including (but not limited to):
(a) cases of wilful damage to facilities of the provider;
(b) natural disasters that cause mass outages of services and restrict rectification or connection activities;
(c) extreme weather conditions that cause mass outages of services and restrict rectification or connection activities;
(d) where the provider has been requested by a Commonwealth, State or Territory authority or a relevant local government authority to provide emergency communication services to assist in rescue or emergency action and the provision of these services restricts rectification or connection activities;
(e) where the provider needs to obtain access to land or facilities owned or occupied by a third party and failure to obtain that access restricts rectification or connection activities;
(f) requirements by or under a law of the Commonwealth, a State or a Territory.
(2) For the purposes of paragraph (1) (d):
(a) a Commonwealth, State or Territory authority includes (but is not limited to):
(i) a police force or service;
(ii) a fire service;
(iii) an ambulance service;
(iv) a service specified in the numbering plan for the purposes of paragraph 466 (1) (d) of the Telecommunications Act 1997; and
(b) a relevant local government authority means an authority of the State or Territory responsible for the local government of the area where the rescue or emergency action is to take place.
(3) Performance standards must provide that a carriage service provider (the first provider) is not exempt from compliance with the standards to the extent that:
(a) the first provider’s non-compliance is due wholly or partly to the acts or omissions of another carriage service provider (the second provider); and
(b) the exemption referred to in subclause (1) does not apply to the second provider.
(4) Performance standards must provide that a carriage service provider intending to claim exemption under subclause (1) must either:
(a) give each affected customer the statement referred to in subclause (5); or
(b) comply with the procedures (if any) referred to in subclause (7);
but may not claim exemption, or purport to be exempt, under subclause (1) by any other means, unless it has complied with paragraph (a) or (b).
(5) Subject to subclause (6), performance standards must provide that a carriage service provider intending to claim exemption under subclause (1) must:
(a) give each affected customer a statement in writing indicating:
(i) the fact that the provider is claiming an exemption;
(ii) the grounds on which the exemption is claimed; and
(iii) the ability of the customer to dispute the claim by complaining to the TIO; and
(b) if the claim relates to extreme weather conditions that cause mass outages of services and restrict rectification or connection activities, provide each affected customer with evidence, in writing, to substantiate that the claim meets one or more of the criteria in Schedule 3.
(6) Performance standards may provide that a carriage service provider is not required to comply with the notification procedure referred to in subclause (5) if the provider complies with other procedures referred to in subclause (7).
(7) For the purposes of subclause (6), the other procedures:
(a) must require a carriage service provider to comply with a notification scheme formulated by the ACMA by written instrument aimed at ensuring that affected customers of the provider are informed about:
(i) the provider’s claim for an exemption;
(ii) the grounds on which the provider is claiming the exemption; and
(iii) the ability to dispute the provider’s claim by complaining to the TIO; and
(aa) if the provider’s claim for an exemption relates to extreme weather conditions that cause mass outages of services and restrict rectification or connection activities, must require the provider to publish evidence to substantiate that the claim meets one or more of the criteria specified in Schedule 3; and
(b) must require a carriage service provider to have regard to guidelines (if any) formulated by the ACMA by written instrument dealing with:
(i) the period for which an exemption applies;
(ii) where the period for which the exemption applies is uncertain — how a claim for the exemption is to be revoked (to ensure that the exemption period is no longer than necessary); and
(iii) such other matters as the ACMA considers necessary; and
(c) may require a carriage service provider to have in place a compliance program of a kind that:
(i) is acceptable to the ACMA;
(ii) is aimed at minimising the possibility of the provider claiming an exemption where non-compliance with performance standards is not due to circumstances beyond the control of the provider; and
(iii) addresses such other matters as the ACMA considers necessary.
(8) For the purposes of subclauses (4), (5) and (7), a reference to an affected customer is a reference to a customer who would be entitled to damages for a contravention of performance standards, or could reasonably contend that he or she would be so entitled, but for the exemption under subclause (1).
(9) Performance standards must provide that a customer is not precluded from disputing a claim by a carriage service provider that an exemption applies simply because the provider has complied with the procedures referred to in subclause (5) or (7).
(10) Performance standards must specify that a carriage service provider shall not claim to be exempt under subclause (1) except to the extent that non-compliance is due to circumstances beyond the control of the provider, and shall not continue to claim to be so exempt if non-compliance is no longer due to circumstances beyond its control.
(11) Performance standards must provide that an area for which an exemption is claimed under this clause must be affected by:
(a) circumstances beyond the control of the provider; or
(b) the need to move staff or equipment to an area affected by circumstances beyond the control of the provider.
18 Exclusions — credit standing of customer
(1) Performance standards must provide that they do not apply to a request to a carriage service provider by a customer for connection to a specified service in the following circumstances:
(a) the provider has grounds for believing that the customer would be unable or unwilling to pay:
(i) the charges for connection to the specified service; and
(ii) other charges for use of the service as they fall due;
being charges that the customer has a legal obligation to pay to the provider in relation to the supply of the service; or
(b) the customer was disconnected from the specified service for non-payment of a charge of a kind referred to in paragraph (a) after:
(i) the provider gave the customer a written notice:
informing the customer that the provider considered the customer had not paid connection or other charges associated with the supply of the service; and
(B) advising the customer of the right to have the provider review its decision and, if the customer was not satisfied with the outcome of this review, the right to complain to the TIO;
(ii) the provider afforded the customer a period of 21 days after the customer received the notice referred to in subparagraph (b) (i):
(A) to pay the charge; or
(B) to exercise his or her rights to have the decision reviewed by the provider and thereafter complain to the TIO; and
(iii) one or more of the following circumstances applies:
(A) within 21 days after receiving the notice referred to in subparagraph (b) (i), the customer has not exercised his or her right to have the decision reviewed by the provider;
(B) within 7 days after receiving notice of the outcome of the review referred to in sub-subparagraph (b) (i) (B), the customer has not exercised his or her right to complain to the TIO;
(C) the TIO has made a decision on the customer’s complaint.
Note Customer is defined in clause 4 as including a person who requests or has requested connection of a carriage service.
(2) Performance standards must provide that a fault or service difficulty in the CSG service does not include:
(a) call barring; or
(b) a limitation on the making of external calls;
if the service was supplied to the customer with those features because of the customer’s credit standing.
19 Exclusions –– more than 5 eligible telephone services
Performance standards must provide that they do not apply in relation to a carriage service provider who supplies a customer with the equivalent of more than 5 eligible telephone services.
19A Temporary Exemptions
(1) Performance standards must provide that the ACMA may, on application by or on behalf of a carriage service provider, grant the provider a temporary exemption from compliance with the performance standards under this clause.
(2) Performance standards must provide that an application under subclause (1) must:
(a) be in writing; and
(b) include a description of the geographic area for which the provider is seeking the exemption; and
(c) specify the period of time for which the provider is seeking the exemption; and
(d) include details of the current number of CSG services supplied by the provider in the geographic area for which it is seeking the exemption; and
(e) include details of the number of CSG services estimated to be supplied by the provider in the geographic area for which it is seeking the exemption at the end of the period of time for which the provider is seeking the exemption; and
(f) include any additional matters as are determined in writing by the ACMA.
(3) Performance standards must provide that a temporary exemption granted under this clause:
(a) must be in writing; and
(b) must include a description of the geographic area for which the exemption is granted; and
(c) must specify the period for which the exemption is granted; and
(d) may set out such terms and conditions for the exemption, including in relation to its cessation, as the ACMA considers appropriate.
(4) Performance standards must provide that a temporary exemption is only to have effect prospectively and does not affect any right, obligation or liability acquired, accrued or incurred under performance standards or agreements in force before the exemption takes effect.
(5) Subject to this clause, performance standards must provide that the ACMA will grant a temporary exemption to a carriage service provider, if the ACMA is satisfied that:
(a) the provider is not a primary universal service provider; and
(b) the provider has a small share in the market for CSG services in the geographic area for which it is seeking the exemption; and
(c) the proposed exemption is likely to result in a net benefit to end-users in the geographic area for which the exemption is sought.
(6) Performance standards must provide that in determining whether a proposed exemption is likely to result in a net benefit to end-users for the purposes of paragraph (5) (c), the ACMA must have regard to:
(a) the extent to which the exemption would lower the cost of entering or competing in the market for CSG services in the geographic area for which the exemption is sought; and
(b) the extent to which the exemption is likely to promote sustainable competition for CSG services nationally and in the geographic area for which the exemption is sought; and
(c) the extent to which the exemption is likely to result in service improvements for end-users including, but not limited to, lower prices, increased quality of service, and increased choice of service; and
(d) the number of CSG services affected, or likely to be affected, by the exemption; and
(e) the estimated proportion of the market for CSG services in the geographic area for which the exemption is sought that would be affected; and
(f) the estimated proportion of the market for CSG services in Australia generally that would be affected; and
(g) the proposed exemption period; and
(h) such other matters as the ACMA considers relevant.
(7) Performance standards must provide that a temporary exemption granted under this clause must not exceed a period of 5 years.
(8) Performance standards must provide that:
(a) the ACMA may, on application by or on behalf of a carriage service provider, renew a temporary exemption granted under this clause for a further period not exceeding 5 years; and
(b) this clause is to apply to renewing a temporary exemption in the same way as it applies to granting a temporary exemption.
(9) Performance standards must specify a process for notifying customers or prospective customers of a carriage service provider that the provider has been granted a temporary exemption under this clause and the implications of that exemption.
(10) Performance standards must provide that it is a condition of a carriage service provider’s temporary exemption under this clause that the provider must comply with the process mentioned in subclause (9).
Part 3 Damages
Note Damages
Under section 117 of the Act, the ACMA may, by written instrument, specify a scale of damages for contraventions of standards under section 115. This Part contains a direction by the Minister to the ACMA under section 124 of the Act to specify a scale of damages.
20 Direction to specify a scale of damages for breach of performance standards (Act, section 117)
(1) The ACMA must, under subsection 117 (1) of the Act, specify a scale of damages for contravention of performance standards for each specified service.
(2) Before specifying a scale of damages under subclause (1), the ACMA must consult with the telecommunications industry and groups representing consumers of carriage services.
21 Particular categories of contraventions and damages
The scale of damages mentioned in subsection 117 (2) of the Act must specify the categories of contraventions of performance standards, and the corresponding damages payable, set out in Part 2 of Schedule 2.
22 Co-operation by customers
(1) Performance standards must provide that, in determining whether a carriage service provider has contravened a standard, regard must be had to whether the customer:
(a) unreasonably withheld agreement to an arrangement or an appointment offered by the provider; or
(b) failed to keep an appointment with the provider without giving reasonable notice; or
(c) unreasonably refused the provider access to premises; or
(d) made a bona fide request for the connection of a specified service, or the rectification of faults or service difficulties relating to that service.
(2) Performance standards must provide that they do not apply where:
(a) a carriage service provider has made a reasonable offer to supply the customer with an interim service or an alternative service; and
(b) the customer has refused to accept the supply of the interim service or alternative service.
(2A) For the purposes of paragraph (2) (a), a reasonable offer by a carriage service provider to supply a customer with an alternative service must:
(a) provide the customer with a choice between an interim service and an alternative service to enable the customer to make an informed judgement about the relative merits of both service offerings; and
(b) provide sufficient information about how the functionality and the terms and conditions of supply of the alternative service would be of benefit to the customer, relative to an interim service.
(3) Performance standards must provide that they do not apply where:
(a) a carriage service provider offers a customer an interim service and an alternative service; and
(b) in making this offer, the carriage service provider supplies sufficient information to the customer about the functionality of each service and the terms and conditions of supply of each service to enable the customer to make an informed judgment about the relative merits of each service; and
(c) the customer accepts the offer of an alternative service.
(3A) For the purposes of paragraph (3) (b), sufficient information supplied to a customer about the functionality of each service, and the terms and conditions of supply of each service, must include details of:
(a) any enhanced call handling services that may be supplied with the service; and
(b) charges payable by the customer; and
(c) connection timeframes; and
(d) the estimated period of supply of the service, taking into account the estimated time to repair or connect the service, and the maximum period allowed for the supply of an interim service.
(4) Performance standards must provide that, in relation to the period beginning at the commencement of standards made to comply with this Direction and ending at the end of 14 April 2003, a carriage service provider may not, in the absence of the agreement of a customer in a remote location without infrastructure, supply the customer with an interim service for a period exceeding 12 months from the time of the customer’s request for the connection of a standard telephone service.
(5) Performance standards must provide that a carriage service provider may not, in circumstances where subclause (4) does not apply and in the absence of the agreement of a customer, supply the customer with an interim service for a period exceeding 6 months from the time of the customer’s request for the connection of a standard telephone service.
Schedule 1 Guaranteed maximum connection period where site is in close proximity to external plant facilities
(paragraph 10 (2) (a))
Part 1 Interpretation
1 A reference in Part 2 of this Schedule to an in-place connection is a reference to the connection of a specified service at a site where a previous working CSG service has been cancelled or is available for automatic re-connection (or re-activation) by a carriage service provider. In such a situation, no work involving external plant facilities is required to effect the connection.
2 A reference in Part 2 of this Schedule to:
(a) an urban centre is a reference to a geographic area defined as an urban centre in accordance with criteria used by the Australian Bureau of Statistics for the most recent Australian Census;
(b) a locality is a reference to a geographic area defined as a locality in accordance with criteria used by the Australian Bureau of Statistics for the most recent Australian Census.
Note More information about the current method of delimitation of urban centres and localities, together with a listing of current urban centres and localities, may be found in the Australian Bureau of Statistics publication entitled ‘Statistical Geography: Volume 3 – Australia Standard Geographical Classification (ASGC) Urban Centres/Localities’, 1996 Cat. No. 2909.0).
Part 2 Guaranteed maximum connection period
1 If a site at which a customer wishes a specified service to be connected has an ‘in-place’ connection, the guaranteed maximum connection period is within 2 working days of the customer’s request.
2 If item 1 does not apply, the guaranteed maximum connection period is:
(a) if the site at which a customer wishes a specified service to be connected is within an urban centre with a population equal to or greater than 10,000 people –– within 5 working days of the customer’s request;
(b) if the site at which a customer wishes a specified service to be connected is within an urban centre or other recognised community grouping with a population greater than 2,500 and up to 10,000 people –– within 10 working days of the customer’s request;
(c) if paragraphs (a) and (b) do not apply to the site at which a customer wishes a specified service to be connected — within 15 working days of the customer’s request.
Schedule 2 Categories of contraventions of performance standards and damages
(clause 21)
Part 1 Interpretation
1 A reference in Part 2 of this Schedule to delay is a reference to a contravention of performance standards for a specified service by:
(a) exceeding the guaranteed maximum connection period specified in the standards; or
(b) exceeding the guaranteed maximum rectification period specified in the standards;
(c) if it was agreed that work would be done by or on a particular date or by or at a particular time — not keeping the agreement.
2 Delay mentioned in Part 2 of this Schedule is not a contravention of a performance standard if a carriage service provider provides a customer with an interim service.
3 A reference in Part 2 of this Schedule to a residential/charity customer is a reference to:
(a) a residential customer; or
(b) a customer that is:
(i) a charitable body or organisation; or
(ii) a welfare body or organisation.
Note It is intended that a residential/charity customer who is entitled to the untimed local call option under Part 4 of the Act will be treated as a residential/charity customer for the purposes of Part 2 of this Schedule.
4 A reference in Part 2 of this Schedule to a business customer is a reference to a customer that is not a residential/charity customer.
Part 2 Contraventions and damages
Item No.
Categories of contraventions of performance standards
Corresponding damages payable
1
Delay (see items 1 and 2 of Part 1) in connecting the CSG service (whether or not an enhanced call handling feature is associated with that service)
The damages payable for each working day of delay, for the first 5 working days, is $14.52 for the residential/charity customer (see item 3 of Part 1), and $24.20 for the business customer (see item 4 of Part 1), who requested the connection. After the first 5 working days of delay, the damages payable for each working day of delay is $48.40
2
Delay in connecting an enhanced call handling feature to an existing CSG service
The damages payable for each working day of delay, for the first 5 working days, is $7.26 for the residential/charity customer, and $12.10 for the business customer, who requested the connection, up to a maximum of $14.52 for the residential/charity customer and $24.20 for the business customer if 2 or more features have not been connected. After the first 5 working days of delay, the damages payable for each working day of delay is $24.20, up to a maximum of $48.40 for each working day of delay if 2 or more features have not been connected
3
Delay in rectifying a fault or service difficulty of the CSG service (whether or not an enhanced call handling feature is associated with that service)
The damages payable for each working day of delay, for the first 5 working days, is $14.52 for the residential/charity customer, and $24.20 for the business customer, whose service required rectification. After the first 5 working days of delay, the damages payable for each working day of delay is $48.40
4
Delay in rectifying a fault or service difficulty of an enhanced call handling feature not preventing the operation of the CSG service
The damages payable for each working day of delay, for the first 5 working days, is $7.26 for the residential/charity customer, and $12.10 for the business customer, whose service required rectification, up to a maximum of $14.52 for the residential/charity customer, and $24.20 for the business customer, if 2 or more enhanced call handling features have not been rectified. After the first 5 working days of delay, the damages payable for each working day of delay is $24.20, up to a maximum of $48.40 for each working day of delay if 2 or more features have not been rectified
5
A failure to keep an appointment (other than on a day for which damages calculated in accordance with items 1-4 are payable)
The damages payable for each missed appointment is $14.52 for the residential/charity customer, and $24.20 for the business customer, who was to be met
Schedule 3 Criteria for extreme weather conditions
(clause 4)
Phenomenon
Criteria for extreme weather conditions
Large hail
Hail with a diameter of at least 2 centimetres.
Heavy rainfall
Rainfall that exceeds the 10 year average recurrence interval (ARI) – that is, the rainfall amount that has a probability of 10 per cent or less of being exceeded in a year over a given duration.
Flash flood
A reported flash flood or heavy rainfall that is conducive to flash flooding.
Hazardous winds
10 minute mean winds of 63 kilometres per hour or more and/or gusts of 90 kilometres per hour or more.
Lightning
‘Cloud to ground’ lightning strikes.
Blizzard
Gale force winds (10 minute mean wind of 63 kilometres per hour or more) combined with falling or blowing snow that reduces visibility to less than 200 metres.
Tornado
Any tornado.
Large waves
Unusually large surf waves (surf exceeding 5 metres) expected to cause dangerous conditions on the coast and leading to significant beach erosion.
Storm tides
Abnormally high tides caused by winds (expected to exceed highest astronomical tide).
Notes to the Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999
Note 1
Note: The Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999 (in force under section 124 of the Telecommunications (Consumer Protection and Service Standards) Act 1999) as shown in this compilation is amended as indicated in the Tables below.
Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.
Note: > Note: Table of Instruments
Title
Date of notificationin Gazette or FRLI registration
Date ofcommencement
Application, saving ortransitional provisions
Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999
4 Jan 2000(see Gazette 2000, No. S3)
4 Jan 2000
Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999 (Amendment No. 1 of 2001)
5 Sept 2001(see Gazette 2001, No. GN35)
5 Sept 2001
—
Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999 (Amendment No. 1 of 2003)
13 Aug 2003(see Gazette 2003, No. GN32)
13 Aug 2003
—
Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999 (Amendment No. 1 of 2006)
Subclause 7(3) — Schedule of Amendments (item 8) of the Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999 (Amendment No. 1 of 2006) provides as follows:
[8] Subclause 7(3)
omit
ACA
substitute
ACMA
The proposed amendment was misdescribed and is not incorporated in this compilation.
Note: > Note: Table A
Application, saving or transitional provisions
Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999 (Amendment No. 1 of 2006)
3 Application
This Direction applies in relation to matters dealt with by the Telecommunications (Customer Service Guarantee) Direction No. 1 of 1999, as amended by this Direction, that occur on or after 31 October 2006.