This is the Telecommunications (NBN Continuity of Service) Industry Standard 2018.
3 Authority
This industry standard is determined under subsection 125AA(1) of the Telecommunications Act 1997 and in accordance with sections 5 and 7 of the Telecommunications (NBN Consumer Experience Industry Standard) Direction 2017.
Note: The Telecommunications (NBN Consumer Experience Industry Standard) Direction 2017 was given to the ACMA by the Minister under subsection 125AA(4) of the Act.
4 Application of industry standard
For the purposes of subsection 125AA(1) of the Act:
(a) this industry standard applies to participants in the following sections of the telecommunications industry:
(i) carriage service providers in relation to the services they supply using a legacy network;
(ii) carriage service providers in relation to the services they supply using the NBN;
(iii) carriers (other than NBN Co) to the extent that those carriers supply legacy services;
(iv) NBN Co in its capacity as a carrier; and
(b) the content of this industry standard deals with the provision of voice and broadband services by persons listed in paragraph (a) to consumers at premises in areas that have been declared ready for service by NBN Co, and where legacy services are readily able to be supplied in those areas.
5 Definitions
In this industry standard:
ACMA means the Australian Communications and Media Authority.
Act means the Telecommunications Act 1997.
alternative arrangement means an arrangement agreed by the NBN CSP and the consumer, where the requirement to supply a legacy service under Part 3 applies, and may include:
(a) the payment of reasonable compensation;
(b) the application of credit to the consumer’s account for mobile data;
(c) payment to an alternative provider for the provision of a mobile data service; or
(d) any other arrangement agreed by the NBN CSP and the consumer that is not merely:
(i) rescheduling an appointment to provide an operational NBN service; or
(ii) an arrangement that the consumer need not make payments in relation to an NBN service that is not operational.
Category A process has the same meaning as in the LNP Code.
consumer means:
(a) an individual who acquires or may acquire a carriage service for the primary purpose of personal or domestic use and not for resale; or
(b) a business or non-profit organisation which acquires or may acquire one or more carriage services which are not for resale and which, at the time it enters into the consumer contract:
(i) does not have a genuine and reasonable opportunity to negotiate the terms of the consumer contract; and
(ii) has or will have an annual spend with the carriage service provider which is, or is estimated on reasonable grounds by the carriage service provider to be, no greater than $40,000.
Section Part 1 - Telecommunications (NBN Continuity of Service) Industry Standard 2018 - Preliminary | Zoe
A reference to a consumer includes a reference to the consumer’s representative.
consumer contract means an arrangement or agreement between a carriage service provider listed in either subparagraph 4(a)(i) or (ii) and a consumer for the supply of a carriage service to that consumer, and includes a standard form of agreement formulated by a carriage service provider for the purposes of section 479 of the Act.
interim service means a voice service or broadband service, or both, other than a legacy service, NBN backup service or NBN service, supplied or arranged to be supplied by a carriage service provider to a consumer.
legacy CSP means a carriage service provider who supplied a legacy service to a consumer at the relevant premises under a consumer contract using a legacy network immediately prior to the consumer attempting to migrate to the NBN.
legacy network means one or more network units used by a carriage service provider to supply a legacy service.
legacy network carrier means a carrier mentioned in subparagraph 4(a)(iii).
legacy service has the same meaning as in section 4 of the Telecommunications (NBN Consumer Experience Industry Standard) Direction 2017.
LNP Code means the Local Number Portability Code C540:2013 or an industry code that replaces that code and is registered by the ACMA.
Note: Replacement of an industry code can occur in the manner set out in subsection 117(4) or section 120 of the Act.
major rural area means an area that is an urban centre, locality or other recognised community grouping with a population of greater than 2,500 but less than 10,000 people.
managed disconnection has the same meaning as in the migration plan.
migration means the process of connecting a premises to the NBN, which connection allows for the supply of an NBN service to the consumer.
migration plan means the plan given by Telstra to the ACCC and approved by the ACCC under subsection 577BDA(2) of the Act.
minor rural or remote area means an area that is an urban centre, locality or other recognised community grouping with a population of less than or equal to 2,500 people.
national broadband network has the same meaning as in the National Broadband Network Companies Act 2011.
NBN means the national broadband network.
NBN backup service means a voice service or broadband service, or both, other than a legacy service or an NBN service, supplied by an NBN CSP to a consumer to provide reliable and immediate service continuity for each component of an NBN service.
Example: Where an NBN service includes both NBN voice service and NBN broadband service components, the NBN backup service must support both of those services to the consumer. Where an NBN service only comprises an NBN voice or an NBN broadband service the NBN backup service must support that individual component of the NBN service which the consumer has contracted to receive.
NBN broadband service means a broadband carriage service supplied using an NBN ethernet product, but does not include an NBN voice service.
NBN Co means NBN Co Limited (ACN 136 533 741) (even if its name is later changed).
NBN CSP means a carriage service provider which supplies a service to a consumer under a consumer contract using an NBN ethernet product.
NBN ethernet has the same meaning given in the Dictionary to the Wholesale Broadband Agreement.
NBN service means a carriage service supplied using the NBN and includes an NBN broadband service, or an NBN voice service, or both.
NBN voice service means a voice telephony service that may be supplied by a carriage service provider over an NBN ethernet product, but does not include a public mobile telecommunications service, or an NBN broadband service.
numbering plan means the Telecommunications Numbering Plan 2015.
operational means in relation to a carriage service, that the service is working and can be used by a consumer who has entered into a consumer contract with a carriage service provider for the supply of that service.
parallel migration means migration where disconnection of a consumer’s legacy service is not required in order to connect an NBN service at the consumer’s premises.
port, in relation to a consumer’s telephone number, means the transfer of a consumer’s telephone number used in connection with one carriage service to another carriage service (the second service) for the purpose of allowing the consumer to continue to use that number in connection with the second service.
portable number has the same meaning as in the numbering plan.
post-migration testing means a test conducted by an NBN CSP after an NBN service has been successfully migrated to determine whether or not an NBN service is operational.
premises means an addressable location to which a carriage service may be supplied for use by a consumer.
readily able to be supplied, in relation to the supply of a legacy service to a consumer’s premises, means, when an operational legacy service had been, or was capable of being, supplied to that premises immediately prior to the migration (or attempted migration) at the consumer’s premises.
rights of use, in relation to a telephone number, has the same meaning as in the Rights of Use of Numbers Code ACIF C566:2005 or an industry code that replaces that code and is registered by the ACMA.
Note: Replacement of an industry code can occur in the manner set out in subsection 117(4) or section 120 of the Act.
Unconditioned Local Loop Service or ULLS means the use of unconditioned communications wire between the boundary of a telecommunications network at an end user’s premises and a point on a telecommunications network that is a potential point of interconnection located at or associated with a customer access module (CAM) and located on the end user side of the CAM.
Unwelcome Communications Code means the Handling of Life Threatening and Unwelcome Communications Code C525:2017 or an industry code that replaces that code and is registered by the ACMA.
Note: Replacement of an industry code can occur in the manner set out in subsection 117(4) or section 120 of the Act.
urban area means an urban centre with a population equal to or greater than 10,000 people.
valid reason, in relation to the disconnection of a carriage service, means that the carriage service provider has disconnected the consumer’s carriage service in accordance with:
(a) valid credit management processes; or
(b) the Unwelcome Communications Code.
Wholesale Broadband Agreement means the standard form of access agreement for the purposes of Part XIC of the Competition and Consumer Act 2010, setting out the contractual terms on which NBN Co supplies products and services to NBN CSPs and the persons mentioned in paragraph 4(a)(ii) of the Standard.
Note: The Wholesale Broadband Agreement is published on NBN Co’s website at https://www.nbnco.com.au.
Note: working day means:
Note: (a) in this Part and in Parts 3, 4 and 5, excluding sections 14 and 23, a day that is not a Saturday, Sunday or gazetted public holiday in the location of the consumer’s premises; and
Note: (b) in sections 14 and 23 and Part 6 a day that is not a Saturday, Sunday or gazetted public holiday in the location of the principal place of business of the relevant carrier or carriage service provider.
working hours means between the hours of 9 am and 5 pm on a working day.
Note: A number of expressions used in this industry standard are defined in the Act, including the following:
(a) ACCC;
(b) boundary of the telecommunications network;
(c) carriage service;
(d) carriage service provider;
(e) carrier;
(f) hybrid fibre-coaxial network;
(g) network unit;
(h) public number;
(i) telecommunications network;
(j) Telstra; and
(k) use.
6 References to other instruments
In this industry standard, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(b) a reference to any other kind of instrument is a reference to that other instrument as in force from time to time.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
Note 3: For references to instruments that are not legislative instruments, see section 589 of the Act.