Section Part 4 - Telecommunications (NBN Continuity of Service) Industry Standard 2018 - Processes and timeframes for the reconnection and supply of legacy services and interim services | Zoe
Part 4—Processes and timeframes for the reconnection and supply of legacy services and interim services
14 Requirements for NBN CSP to advise a consumer and keep records
(1) Where the requirement to supply a legacy service under subsection 11(1) applies and because of paragraph 12(a), the NBN CSP is responsible for reconnecting, or arranging the reconnection of the legacy service to the consumer, the NBN CSP must advise the consumer of:
(a) the applicable timeframes for reconnecting a legacy service referred to in section 15 and 17; and
(b) details of the fees and charging arrangements that will apply to the NBN CSP’s proposed supply of the legacy service to the consumer,
as soon as possible after becoming aware of a matter in paragraph 11(1)(a), (b) or (c), and before obtaining the consumer’s consent to the supply of that service.
(2) Where an NBN CSP proposes to supply the consumer with an interim service, it must advise the consumer:
(a) that the NBN CSP is required to supply a legacy service to their premises under subsection 11(1);
(b) that they can consent to the supply of an interim service under paragraph 11(2)(c) as a substitute for the supply of a legacy service;
(c) of the applicable timeframes for the proposed supply of the interim service set out in section 18; and
(d) of the details of the key features and limitations, fees and charging arrangements that will apply to the provider’s proposed supply of the interim service to the consumer,
as soon as possible after becoming aware of a matter in paragraph 11(1)(a), (b) or (c), and before obtaining the consumer’s consent to the supply of that service.
(3) For subsection (2), the amount payable by a consumer to an NBN CSP for the supply of an interim service must not exceed the amount that would have applied for supply of the NBN service for the same period had it been operational.
(4) An NBN CSP may advise the consumer of the matters in subsection (1) and obtain the consumer’s consent to the supply of a legacy service before becoming aware of a matter in paragraph 11(1)(a),(b) or (c).
(5) Where section 11 applies in relation to a consumer, the NBN CSP must keep records that are sufficient to demonstrate its compliance with Parts 3 and 4 of this industry standard with respect to that consumer.
(6) Where subsection (5) applies, the NBN CSP must:
(a) retain the records for a minimum of 2 years; and
(b) make the records available to the ACMA within 5 working days after receiving a written request from the ACMA.
15 Commencement of timeframe for the reconnection of legacy services by an NBN CSP
Where the requirement to supply a legacy service under subsection 11(1) applies, and because of paragraph 12(a) the NBN CSP is responsible for reconnecting, or arranging for the reconnection of the legacy service to the consumer’s premises, the NBN CSP must reconnect, or arrange for the reconnection of, the consumer’s premises to a legacy service within the timeframe specified in section 17 which commences on the date the NBN CSP obtained the consumer’s consent to the reconnection.
16 Commencement of timeframe for the reconnection of legacy services by a legacy CSP
Where the requirement to supply a legacy service under subsection 11(1) applies, and because of paragraph 12(b) the legacy CSP is responsible for reconnecting, or arranging for the reconnection of the legacy service to the consumer’s premises, the legacy CSP must reconnect, or arrange for the reconnection of, the consumer’s premises to a legacy service within the timeframe specified in section 17 which commences on the date the consumer requested the legacy CSP to reconnect, or arrange for the reconnection of, the legacy service.
17 Timeframes for the reconnection of legacy services
(1) A legacy service must be reconnected under sections 15 and 16, within 3 working days unless subsections (2), (3) or (4) apply.
(2) A legacy service must be reconnected under sections 15 and 16, within such other period as is reasonably necessary to reconnect the legacy service, but which must not exceed 5 working days, where:
(a) the consumer’s premises is located in an urban area; and
(b) either or both of the following circumstances apply:
(i) in order to reconnect the legacy service, the NBN CSP or the legacy CSP, as the case may be, must undertake field work or work at the relevant exchange;
(ii) the legacy service is to be supplied over a ULLS.
(3) A legacy service must be reconnected under sections 15 and 16, within such other period as is reasonably necessary to reconnect the legacy service, but which must not exceed 10 working days, where:
(a) the consumer’s premises is located in a major rural or minor rural or remote area; and
(b) either or both of the following circumstances apply:
(i) in order to reconnect the legacy service, the NBN CSP or the legacy CSP, as the case may be, must undertake field work or work at the relevant exchange;
(ii) the legacy service is to be supplied over a ULLS.
(4) A legacy service must be reconnected under sections 16 within such other period as is reasonably necessary to reconnect the legacy service, but which must not exceed 15 working days where:
(a) the NBN CSP is not the legacy CSP and a port of the consumer’s telephone number back from the NBN CSP to the legacy CSP is required; and
(b) under the LNP Code, the Category A process does not apply to the port.
18 Timeframes for the supply of an interim service by an NBN CSP
(1) Where an NBN CSP is to supply an interim service to a consumer instead of a legacy service, because paragraph 11(2)(c) applies, it must be supplied to the consumer:
(a) where the consumer is located in an urban area - within 3 working days;
(b) where the consumer is located in a major rural area - within 4 working days; or
(c) where the consumer is located in a minor rural or remote area - within 6 working days,
of the NBN CSP obtaining the consumer’s consent to that supply.
(2) The requirement to supply an interim service set out in subsection (1) does not apply where the consumer’s NBN service becomes operational prior to the supply of the interim service in accordance with paragraphs (1)(a), (b) and (c), whichever is applicable.
19 Timeframes for the continued supply of a legacy service or an interim service by an NBN CSP
Where an NBN CSP supplies a legacy service or an interim service in accordance with the requirements under Part 3, it must continue to supply that service to the consumer until the first to occur of the following:
(a) the NBN CSP supplies an operational NBN service to the consumer; or
(b) the consumer contract with the NBN CSP for the NBN service expires; or
(c) the consumer contract with the NBN CSP for the NBN service has been terminated for a valid reason; or
(d) where the service is a legacy service, the date on which Telstra is required to complete managed disconnection of the premises together with other premises in that area in accordance with the migration plan.
20 Timeframes for the continued supply of a legacy service by a legacy CSP
(1) Where a legacy CSP supplies a legacy service in accordance with the requirements under Part 3, it must continue to supply that service at the consumer’s premises until the first to occur of the following:
(a) the consumer notifies the legacy CSP that the NBN CSP has successfully supplied an operational NBN service to that consumer;
(b) the relevant consumer contract with the legacy CSP for the legacy service has been terminated for a valid reason; or
(c) the date on which Telstra is required to complete managed disconnection of the premises together with other premises in that area in accordance with the migration plan.
(2) A consumer contract for the supply of a legacy service must allow the consumer to exit the contract when the consumer notifies the legacy CSP that the NBN CSP has successfully supplied an operational NBN service to that consumer or where the consumer notifies the legacy CSP that the legacy service is otherwise no longer required.