Part 5—Other requirements for carriers in relation to emergency calls made on a mobile phone, information sharing requirements during specific types of outages and management plans prior to planned changes
Division 5.1 Carrier obligations in relation to calls made to the emergency call person for 000 and 112 on a mobile phone
72 Application of Division
This Division applies to a carrier whose networks are used to supply relevant carriage services that enable end-users to access the emergency call service using a mobile phone.
73 Carrier must wilt mobile base station
(1) This section applies if a mobile base station that is used to carry emergency calls on the carrier’s mobile network loses all connectivity to the carrier’s core network and the carrier’s controlled network and controlled facilities are unable to carry an emergency call to the relevant termination point.
(2) Subject to subsection (3) the carrier must wilt the mobile base station until the base station is able to establish and maintain connectivity to the carrier’s core network, and the carrier’s controlled network and controlled facilities are able to carry an emergency call to the relevant termination point.
(3) A carrier will not be in breach of subsection (2) if:
(a) the mobile base station is connected to more than one core network; and
(b) an emergency call initiated on the mobile base station is carried to the relevant termination point using a different carrier’s core network that is connected to the mobile base station.
74 Carrier must provide emergency call camp on functionality
(1) This section applies if there is a major outage or significant local outage in a mobile network operated or controlled by a carrier that affects an end-user’s ability to make an emergency call to the emergency call person for 000 or 112.
(2) The carrier whose mobile network is affected by the outage must take all reasonable steps to ensure that its controlled networks and controlled facilities do not impede emergency call camp on functionality.
(3) A carrier that is capable of carrying an emergency call on its mobile network must carry an emergency call initiated through emergency call camp on functionality to the relevant termination point.
75 Carrier must test emergency calls that originate on its network
Carriers must take reasonable steps to test the following:
(a) that emergency calls to the emergency call person for 000 or 112 made by an end-user on its network will be carried to the relevant termination point for the call; and
(b) if the emergency call is made by an end-user on a carrier’s mobile network and the carrier’s own mobile network is unavailable, that an emergency call can be carried on another available mobile network using emergency call camp on functionality to the relevant termination point for the call.
76 Exception
Sections 73 to 75 do not apply if a matter beyond the control of the carrier materially and adversely affects its technical ability to comply with those provisions.
Division 5.2 Information sharing requirements during outages
77 Application
(1) Section 78 applies to a carrier if there is a major outage or significant local outage that affects the carriage of emergency calls using its controlled networks or controlled facilities.
(2) Section 79 applies to a carrier if there is a major outage that affects the carriage of emergency calls using its controlled networks or controlled facilities.
78 Carriers to share real-time network information about a major outage or significant local outage
(1) Carriers must share with the entities specified in subsection (2) the real-time network information specified at subsection (3) at the times specified in subsection (4).
(2) The entities with whom a carrier must share information are:
(a) the emergency call person for 000 and 112;
(b) the emergency call person for 106;
(c) all emergency service organisations located in the State or Territory affected by the major outage or significant local outage;
(d) the ACMA;
(e) the Department; and
(f) the National Emergency Management Agency.
(3) The real-time network information that must be shared includes as much of the following information about the major outage or significant local outage that is available to the carrier at the time of sharing:
(a) the scale or suspected scale of the outage including the number of relevant carriage services impacted;
(b) subject to subsection (5), the cause or likely cause of the outage;
(c) the geographic areas impacted or likely to be impacted by the outage;
(d) the types of relevant carriage services impacted or likely to be impacted by the outage;
(e) the estimated timeframe for updates in relation to the outage;
(f) the estimated timeframe for restoration of relevant carriage services.
(4) The real-time network information must be shared:
(a) if there is a material change that relates to the outage – as soon as practicable after the carrier becomes aware of the material change; or
(b) otherwise, as frequently as the carrier considers an update is necessary, and at least:
(i) once every six hours for the first 24 hours of the outage; and
(ii) once during each subsequent 24-hour period.
(5) The carrier is not required to give information about the cause or likely cause of a major outage or a significant local outage if it has reasonable grounds to believe that disclosing this information could compromise its telecommunications network security or national security.
79 Carriers to report to the ACMA and the Department
(1) Carriers must, within 45 days of the restoration of a major outage or within an alternative timeframe agreed in writing with the ACMA, provide a written report to:
(a) the ACMA; and
(b) the Department.
(2) The written report under subsection (1) must include the following information:
(a) the cause of the major outage;
(b) the steps taken to resolve the major outage;
(c) the impact of the major outage on the delivery of emergency calls to the emergency call person for 000 and 112 and the emergency call person for 106;
(d) an estimate of the number of end-users affected by the outage;
(e) the number of unsuccessful emergency calls made during the outage that the carrier has been able to identify;
(f) the steps that were taken to resolve issues identified as contributing to the outage; and
(g) a clear and detailed plan (the Outcomes Plan), including timelines, outlining the steps that will be taken by the carrier to avoid similar outages occurring in the future.
(3) Carriers must provide further written updates to the ACMA and the Department that detail the carrier’s progress on the Outcomes Plan.
(4) The further written updates under subsection (3) must be provided:
(a) if the ACMA specifies in writing a timeframe that is not less than 30 days for those updates, within those specified timeframes; or
(b) if the ACMA has not specified a timeframe under paragraph (a), every 45 days from the date of providing the written report under subsection (1) until each of the steps taken by the carrier under the Outcomes Plan has been implemented in full.
Division 5.3 Management plans
80 Management plan required for proposed significant changes to operations or a telecommunications network that will impact the carriage of emergency calls
(1) This section applies to a carrier that proposes a significant change to its operations or underlying telecommunications network technology or architecture that will fundamentally and adversely change how its controlled network and controlled facilities carry emergency calls to the relevant termination point.
Note: Examples of a significant change to telecommunications network technology or architecture include the introduction of a new generation of mobile technology, the decommissioning of a legacy generation of mobile technology, or the introduction of a new transmission protocol for delivering emergency voice calls.
(2) Subject to subsection (3), before a carrier undertakes a proposed significant change to its operations or underlying telecommunications network technology or architecture, the carrier must, at least 6 months prior to the proposed change, submit a plan to the ACMA (the management plan).
(3) If a carrier reasonably believes that a management plan cannot be provided 6 months prior to the change, the carrier does not need to comply with the timeframe specified in subsection (2) if, within 14 days of forming its belief, the carrier:
(a) submits a management plan to the ACMA; and
(b) provides written reasons as to why a management plan in relation to the proposed change cannot be provided 6 months prior to the proposed change.
(4) The management plan referred to in subsection (2) and subsection (3) must detail the steps the carrier will take to minimise any detrimental impacts on end-users of the proposed change to the carriage of emergency calls to the relevant termination point.
(5) Carriers must:
(a) implement the steps set out in the management plan; and
(b) provide written updates to the ACMA that detail the carrier’s implementation of the steps set out in the management plan.
(6) The updates under subsection (5) must be provided:
(a) if the ACMA specifies in writing a timeframe that is not less than 30 days for those updates, within those specified timeframes; or
(b) if the ACMA has not specified a timeframe under paragraph (a), every 45 days from the date of providing the management plan under subsection (2) or subsection (3) until each of the steps taken by the carrier under the management plan has been implemented in full.