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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021-2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Telecommunications Legislation
Amendment (Faster Internet for
Regional Australia) Bill 2022
No. , 2022
(Dr Haines)
A Bill for an Act to amend the law relating to
telecommunications, and for related purposes
No. , 2022
Telecommunications Legislation Amendment (Faster Internet for
Regional Australia) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Competition and Consumer Act 2010
3
Telecommunications Act 1997
4
No. , 2022
Telecommunications Legislation Amendment (Faster Internet for
Regional Australia) Bill 2022
1
A Bill for an Act to amend the law relating to
1
telecommunications, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Telecommunications Legislation Amendment
5
(Faster Internet for Regional Australia) Act 2022
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Telecommunications Legislation Amendment (Faster Internet for
Regional Australia) Bill 2022
No. , 2022
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2022
Telecommunications Legislation Amendment (Faster Internet for
Regional Australia) Bill 2022
3
Schedule 1--Amendments
1
2
Competition and Consumer Act 2010
3
1 Paragraph 152BCCB(a)
4
Omit "determined under section 360U of", substitute "set out in Part 2
5
of Schedule 5 to".
6
2 Paragraph 152BCCB(b)
7
Omit "made under section 360V of that Act", substitute "set out in
8
Part 4 of that Schedule".
9
3 Paragraph 152BDCB(a)
10
Omit "determined under section 360U of", substitute "set out in Part 2
11
of Schedule 5 to".
12
4 Paragraph 152BDCB(b)
13
Omit "made under section 360V of that Act", substitute "set out in
14
Part 4 of that Schedule".
15
5 Subsection 152BEBH(1)
16
Omit "determined under section 360U of", substitute "set out in Part 2
17
of Schedule 5 to".
18
6 Subsection 152BEBI(1)
19
Omit "made under section 360V of", substitute "set out in Part 4 of
20
Schedule 5 to".
21
7 Paragraph 152CBID(a)
22
Omit "determined under section 360U of", substitute "set out in Part 2
23
of Schedule 5 to".
24
8 Paragraph 152CBID(b)
25
Omit "made under section 360V of that Act", substitute "set out in
26
Part 4 of that Schedule".
27
Schedule 1
Amendments
4
Telecommunications Legislation Amendment (Faster Internet for
Regional Australia) Bill 2022
No. , 2022
Telecommunications Act 1997
1
9 Section 7
2
Insert:
3
major network outage
has the meaning given by
4
subsection 360XC(2).
5
quarter
means a period of 3 months starting on 1 January, 1 April,
6
1 July or 1 October.
7
10 Subsections 360U(1) to (3A)
8
Repeal the subsections.
9
11 Subsections 360U(4) and (5)
10
Omit "determined under subsection (1)", substitute "set out in Part 2 of
11
Schedule 5".
12
12 Subsections 360U(6) to (8A)
13
Repeal the subsections.
14
13 Subsection 360U(9)
15
Omit "by an instrument under subsection (6)", substitute "out in Part 3
16
of Schedule 5".
17
14 Subsections 360V(1) and (1A)
18
Repeal the subsections
19
15 Subsection 360V(2) (heading)
20
Repeal the heading.
21
16 Subsections 360V(2) and (3)
22
Omit "under subsection (1)", substitute "set out in Part 4 of
23
Schedule 5".
24
17 Paragraph 360W(4)(a)
25
Omit "determined under section 360U", substitute "set out in Part 2 of
26
Schedule 5".
27
Amendments
Schedule 1
No. , 2022
Telecommunications Legislation Amendment (Faster Internet for
Regional Australia) Bill 2022
5
18 Paragraph 360W(4)(b)
1
Omit "made under section 360V", substitute "set out in Part 4 of
2
Schedule 5".
3
19 Paragraph 360X(4)(a)
4
Omit "determined under section 360U", substitute "set out in Part 2 of
5
Schedule 5".
6
20 Paragraph 360X(4)(b)
7
Omit "made under section 360V", substitute "set out in Part 4 of
8
Schedule 5".
9
21 After section 360XA
10
Insert:
11
360XB Quarterly reports about compliance with standards,
12
benchmarks and rules
13
(1) For each quarter, a statutory infrastructure provider must give to
14
the ACMA, in accordance with subsections (2) to (4), a report
15
relating to the provider's compliance with Division 4 during the
16
quarter.
17
(2) Without limiting subsection (2), the report must show, for each
18
minimum benchmark set out in Part 3 of Schedule 5, whether the
19
statutory infrastructure provider met or exceeded the benchmark.
20
(3) The report must be given to the ACMA no later than 30 days after
21
the end of the quarter.
22
(4) The report must comply with any requirements specified by the
23
Minister by legislative instrument.
24
Publication of reports
25
(5) The ACMA must, as soon as practicable after receiving a report
26
under subsection (1), publish a copy of the report on the ACMA's
27
website.
28
Schedule 1
Amendments
6
Telecommunications Legislation Amendment (Faster Internet for
Regional Australia) Bill 2022
No. , 2022
360XC Reports about major network outages
1
(1) If a statutory infrastructure provider experiences a major network
2
outage, the provider must give to the ACMA, in accordance with
3
subsections (3) and (4), a report relating to:
4
(a) how the outage affected the provider's performance in
5
relation to the matters dealt with by Schedule 5; and
6
(b) the provider's response to the outage.
7
(2) A
major network outage
is any network condition that causes:
8
(a) 1,000 or more end-users; or
9
(b) any emergency service provider;
10
to experience a fault or service difficulty in relation to an eligible
11
service supplied by the statutory infrastructure provider or its
12
qualifying telecommunications network.
13
(3) The report must be given to the ACMA no later than 30 days after
14
the end of the major network outage.
15
(4) The report must comply with any requirements specified by the
16
Minister by legislative instrument.
17
Publication of reports
18
(5) The ACMA must, as soon as practicable after receiving a report
19
under subsection (1), publish a copy of the report on the ACMA's
20
website.
21
22 Paragraphs 360ZA(1)(k) and (l)
22
Repeal the paragraphs.
23
23 After paragraph 360ZA(1)(m)
24
Insert:
25
(ma) subsection 360XB(4);
26
(mb) subsection 360XC(4);
27
24 At the end of the Act
28
Add:
29
Amendments
Schedule 1
No. , 2022
Telecommunications Legislation Amendment (Faster Internet for
Regional Australia) Bill 2022
7
Schedule 5--Statutory infrastructure
1
providers: standards, rules and
2
benchmarks
3
Note:
See sections 360U and 360V.
4
Part 1--Introductory
5
6
1 Definitions--Part 19 of the Act
7
An expression used in this Schedule that is defined in Part 19 of
8
this Act has the same meaning in this Schedule as it has in that
9
Part.
10
Note 1:
Relevant expressions include the following:
11
(a) eligible service (section 360A);
12
(b) qualifying carriage service (section 360A);
13
(c) qualifying fixed-line telecommunications network
14
(section 360A);
15
(d) qualifying fixed wireless carriage service (section 360AA);
16
(e) qualifying satellite carriage service (section 360A);
17
(f) qualifying telecommunications network (section 360A);
18
(g) relevant service area (section 360A);
19
(h) request (section 360A);
20
(i) service area (section 360A).
21
Note 2:
Business day
is defined in section 2B of the
Acts Interpretation Act
22
1901
.
23
2 Definitions
24
(1) In this Schedule:
25
2013 estimated resident population
means the preliminary
26
estimated resident population as at 30 June 2013, as published by
27
the Australian Bureau of Statistics.
28
appointment-keeping period standard
means the standard set out
29
in subclause 10(1) of this Schedule.
30
Schedule 1
Amendments
8
Telecommunications Legislation Amendment (Faster Internet for
Regional Australia) Bill 2022
No. , 2022
ASGS
means the July 2016 edition of the Australian Statistical
1
Geography Standard, published by the Australian Bureau of
2
Statistics, as existing on the commencement of this definition.
3
Note:
The ASGS could in 2022 be viewed on the Australian Bureau of
4
Statistics' website (https://www.abs.gov.au).
5
attendance connection
, in relation to a request to connect an
6
end-user's premises to a qualifying telecommunications network,
7
means a request that requires attendance by the SIP at the
8
end-user's premises as part of carrying out the connection.
9
attendance fault rectification
,
in relation to the rectification of a
10
fault or service difficulty relating to an eligible service or
11
qualifying telecommunications network, means a rectification that
12
requires attendance by the SIP at an end-user's premises.
13
benchmark period
means:
14
(a) the period from commencement of this Schedule until the
15
end of the financial year during which this Schedule
16
commences; or
17
(b) each subsequent financial year.
18
connection period standard
means the standard set out in clause 6
19
of this Schedule.
20
fault rectification period standard
means the standard set out in
21
clause 7 of this Schedule.
22
fixed wireless telecommunications network
means a qualifying
23
telecommunications network that is used, or proposed to be used,
24
to supply qualifying fixed wireless carriage services.
25
Modified Monash 2 area
means a Statistical Area Level 1 under
26
the ASGS that:
27
(a) is categorised under the ASGS as RA 1 (Inner Regional
28
Australia) or RA 2 (Outer Regional Australia); and
29
(b) satisfies any of the following criteria:
30
(i) the area is in an Urban Centre and Locality with a 2013
31
estimated resident population of more than 50,000;
32
(ii) the area is in an Urban Centre and Locality, the
33
geographic centre of which is no more than 20 km road
34
Amendments
Schedule 1
No. , 2022
Telecommunications Legislation Amendment (Faster Internet for
Regional Australia) Bill 2022
9
distance from the boundary of another Urban Centre and
1
Locality with a 2013 estimated resident population of
2
more than 50,000;
3
(iii) the area is not in an Urban Centre and Locality, but the
4
geographic centre of the area is no more than 20 km
5
road distance from the boundary of an Urban Centre and
6
Locality with a 2013 estimated resident population of
7
more than 50,000; and
8
(c) is not a Modified Monash 7 area.
9
Modified Monash 3 area
means a Statistical Area Level 1 under
10
the ASGS that:
11
(a) is categorised under the ASGS as RA 1 (Inner Regional
12
Australia) or RA 2 (Outer Regional Australia); and
13
(b) satisfies any of the following criteria:
14
(i) the area is in an Urban Centre and Locality with a 2013
15
estimated resident population of more than 15,000 but
16
no more than 50,000;
17
(ii) the area is in an Urban Centre and Locality, the
18
geographic centre of which is no more than 15 km road
19
distance from the boundary of another Urban Centre and
20
Locality with a 2013 estimated resident population of
21
more than 15,000 but no more than 50,000;
22
(iii) the area is not in an Urban Centre and Locality, but the
23
geographic centre of the area is no more than 15 km
24
road distance from the boundary of an Urban Centre and
25
Locality with a 2013 estimated resident population of
26
more than 15,000 but no more than 50,000; and
27
(c) is not a Modified Monash 2 area or Modified Monash 7 area.
28
Modified Monash 4 area
means a Statistical Area Level 1 under
29
the ASGS that:
30
(a) is categorised under the ASGS as RA 1 (Inner Regional
31
Australia) or RA 2 (Outer Regional Australia); and
32
(b) satisfies any of the following criteria:
33
(i) the area is in an Urban Centre and Locality with a 2013
34
estimated resident population of at least 5,000 but no
35
more than 15,000;
36
Schedule 1
Amendments
10
Telecommunications Legislation Amendment (Faster Internet for
Regional Australia) Bill 2022
No. , 2022
(ii) the area is in an Urban Centre and Locality, the
1
geographic centre of which is no more than 10 km road
2
distance from the boundary of another Urban Centre and
3
Locality with a 2013 estimated resident population of at
4
least 5,000 but no more than 15,000;
5
(iii) the area is not in an Urban Centre and Locality, but the
6
geographic centre of the area is no more than 10 km
7
road distance from the boundary of an Urban Centre and
8
Locality with a 2013 estimated resident population of at
9
least 5,000 but no more than 15,000; and
10
(c) is not a Modified Monash 2 area, Modified Monash 3 area or
11
Modified Monash 7 area.
12
Modified Monash 5 area
means a Statistical Area Level 1 under
13
the ASGS that:
14
(a) is categorised under the ASGS as RA 1 (Inner Regional
15
Australia) or RA 2 (Outer Regional Australia); and
16
(b) is not a Modified Monash 2 area, Modified Monash 3 area,
17
Modified Monash 4 area or Modified Monash 7 area.
18
Modified Monash 6 area
means a Statistical Area Level 1 under
19
the ASGS that:
20
(a) is categorised under the ASGS as RA 3 (Remote Australia);
21
and
22
(b) is not a Modified Monash 7 area.
23
Modified Monash 7 area
means a Statistical Area Level 1 under
24
the ASGS that:
25
(a) is entirely located on an island or islands more than 5 km
26
from the Australian mainland or Tasmania, as measured
27
between coastlines at the low water mark; or
28
(b) is located on Magnetic Island; or
29
(c) is categorised under the ASGS as RA 4 (Very Remote
30
Australia).
31
non-attendance connection
, in
relation to a request to connect an
32
end-user's premises to a qualifying telecommunications network,
33
means a request that is able to be fulfilled without any attendance
34
by the SIP at the end-user's premises.
35
Amendments
Schedule 1
No. , 2022
Telecommunications Legislation Amendment (Faster Internet for
Regional Australia) Bill 2022
11
non-attendance fault rectification
,
in relation to the rectification
1
of a fault or service difficulty in respect of an eligible service or
2
qualifying telecommunications network, means a rectification that
3
does not require attendance by the SIP at an end-user's premises.
4
public authority
means:
5
(a) the Commonwealth or a State or Territory; or
6
(b) a Commonwealth, State or Territory authority, including:
7
(i) a police force or service; and
8
(ii) a fire service; and
9
(iii) an ambulance service; and
10
(iv) a local government authority.
11
quarter,
in relation to a benchmark period,
means a three month
12
period ending on the last day of March, June, September and
13
December in each year.
14
remote area
means:
15
(a) a Modified Monash 6 area; or
16
(b) a Modified Monash 7 area.
17
rural area
means:
18
(a) a Modified Monash 2 area; or
19
(b) a Modified Monash 3 area; or
20
(c) a Modified Monash 4 area; or
21
(d) a Modified Monash 5 area.
22
satellite telecommunications network
means a qualifying
23
telecommunications network that is used, or proposed to be used,
24
to supply qualifying satellite carriage services.
25
SIP
or
statutory infrastructure provider
means
a
statutory
26
infrastructure provider within the meaning of section 360A of this
27
Act, and depending on the context, may also include the authorised
28
agent or contractor of a statutory infrastructure provider.
29
SIP Offer
means any offer published by a SIP on its website from
30
time to time in accordance with section 360W or section 360X.
31
speed standard
means the standard set out in clause 12 of this
32
Schedule.
33
Schedule 1
Amendments
12
Telecommunications Legislation Amendment (Faster Internet for
Regional Australia) Bill 2022
No. , 2022
type 1 premises
means a premises that:
1
(a) is situated in a relevant service area; and
2
(b) has a physical (or other kind of direct) connection to a
3
qualifying fixed-line telecommunications network owned or
4
operated by the relevant SIP; and
5
(c) has necessary network equipment installed by the SIP to
6
provide a qualifying carriage service.
7
type 2 premises
means a premises that:
8
(a) is situated in a relevant service area; and
9
(b) has a physical (or other kind of direct) connection to a
10
qualifying fixed-line telecommunications network owned or
11
operated by the relevant SIP; and
12
(c) does not have necessary network equipment installed by the
13
SIP to provide a qualifying carriage service.
14
type 3 premises
means a premises that:
15
(a) is situated in a relevant service area; and
16
(b) does not have a physical (or other kind of direct) connection
17
to a qualifying fixed-line telecommunications network owned
18
or operated by the relevant SIP; and
19
(c) is in close proximity to a facility forming part of a fixed-line
20
qualifying telecommunications network owned or operated
21
by the relevant SIP.
22
type 4 premises
means a premises that:
23
(a) is situated in a relevant service area; and
24
(b) has relevant equipment (such as a satellite dish or antenna)
25
installed within or on it and such equipment enables it to be
26
directly connected to a fixed wireless telecommunications
27
network or satellite telecommunications network owned or
28
operated by the relevant SIP.
29
type 5 premises
means a premises that:
30
(a) is situated in a relevant service area; and
31
(b) does not have relevant equipment (such as a satellite dish or
32
antenna) installed within or on it; and
33
(c) is situated within range, or readily capable, of being
34
connected to, a fixed wireless telecommunications network
35
Amendments
Schedule 1
No. , 2022
Telecommunications Legislation Amendment (Faster Internet for
Regional Australia) Bill 2022
13
or a satellite telecommunications network owned or operated
1
by the relevant SIP.
2
urban area
means an area that is not a rural area or a remote area.
3
Urban Centre and Locality
means an area defined as an Urban
4
Centre and Locality under the ASGS.
5
(2) For the purposes of the definition of
type 3 premises
in
6
subclause (1), a premises will be considered to be in close
7
proximity if it is situated 500 metres or less from any part of the
8
qualifying fixed-line telecommunications network.
9
3 How reports may be made
10
For the purposes of this Schedule, a fault or service difficulty
11
report may be:
12
(a) made by a carriage service provider directly to the relevant
13
SIP; or
14
(b) produced by the relevant SIP through its own self-diagnostic
15
system.
16
4 When reports and requests are taken to be made
17
For the purposes of this Schedule:
18
(a) a fault or service difficulty report which is received or
19
produced; or
20
(b) a connection request which is received;
21
by the SIP after 5 pm on a business day or on a day that is not a
22
business day, is taken to be received (or produced) on the next
23
business day.
24
Part 2--Standards
25
Note:
Subsection 360U(4) of this Act provides that a statutory infrastructure provider must
26
comply with a standard set out in this Part.
27
Schedule 1
Amendments
14
Telecommunications Legislation Amendment (Faster Internet for
Regional Australia) Bill 2022
No. , 2022
Division 1--Preliminary
1
5 Application
2
(1) A standard set out in clause 6 or 7 or subclause 10(1) or clause 12
3
of this Schedule does not apply:
4
(a) if a law of the Commonwealth, State, Territory or local
5
government prevents the SIP from complying with the
6
particular standard; or
7
(b) if compliance with the particular standard would directly
8
result in the SIP being unable to take steps to meet a duty it
9
owes to another person under a Commonwealth, State or
10
Territory law; or
11
(c) during the period where there is scheduled maintenance of, or
12
upgrade to, the qualifying telecommunications network or a
13
facility forming part of that network, and that maintenance or
14
upgrade prevents the SIP from performing activity that is
15
necessary for the SIP to comply with the particular standard,
16
subject to the following conditions:
17
(i) the SIP provides relevant carriage service providers
18
with written notice of the maintenance or upgrade at
19
least 24 hours prior to commencement of the scheduled
20
maintenance or upgrade;
21
(ii) the SIP:
22
(A) provides relevant carriage service providers
23
with written notice; or
24
(B) publishes in a prominent place on the SIP's
25
website;
26
detailed information of the expected start and end time
27
of the maintenance or upgrade activity in a format that
28
readily allows relevant carriage service providers to
29
identify individual affected premises; or
30
(d) during the period where there is a loss of power to the
31
relevant premises and that prevents the SIP from performing
32
activity that is necessary for the SIP to comply with the
33
particular standard in respect of that premises; or
34
(e) during the time that there are circumstances beyond the
35
control of the SIP which could not have been prevented or
36
avoided by the SIP taking all reasonable steps and those
37
Amendments
Schedule 1
No. , 2022
Telecommunications Legislation Amendment (Faster Internet for
Regional Australia) Bill 2022
15
circumstances prevent the SIP from performing activity that
1
is necessary for in order to comply with the particular
2
standard at a relevant location.
3
(2) For the purposes of paragraph (1)(e), circumstances beyond the
4
reasonable control of a SIP are as follows:
5
(a) damage to the qualifying telecommunications network or a
6
facility forming part of that network, that is used in
7
connection with the supply (or proposed supply) of an
8
eligible service to the carriage service provider, if that
9
damage is not reasonably preventable, was not caused by the
10
SIP and it prevents the SIP:
11
(i) connecting an end-user's premises to the qualifying
12
telecommunications network; or
13
(ii) rectifying the fault or service difficulty at a particular
14
premises; or
15
(iii) attending the location of a scheduled appointment;
16
(b) a natural disaster or extreme weather conditions that causes
17
mass outages of carriage services and which prevents the
18
SIP:
19
(i) connecting an end-user's premises to the qualifying
20
telecommunications network; or
21
(ii) rectifying the fault or service difficulty at a particular
22
premises; or
23
(iii) attending the location of a scheduled appointment;
24
(c) the SIP is requested by a public authority to provide
25
emergency communications services to assist in emergency
26
action, and the provision of those services directly prevents
27
the SIP:
28
(i) connecting the end-user's premises to the qualifying
29
telecommunications network; or
30
(ii) rectifying a fault or service difficulty at the end-user's
31
premises; or
32
(iii) attending the location of a scheduled appointment;
33
(d) the SIP is prevented from connecting the end-user's premises
34
to the qualifying telecommunications network or rectifying a
35
fault or service difficulty the end-user's premises, or
36
attending the location of a scheduled appointment because
37
the carriage service provider or end-user does not provide
38
Schedule 1
Amendments
16
Telecommunications Legislation Amendment (Faster Internet for
Regional Australia) Bill 2022
No. , 2022
essential information or reasonable assistance required by the
1
SIP to carry out this activity.
2
(3) If a SIP was prevented from complying with a particular standard
3
as a result of circumstances referred to in subclause (1), the SIP
4
must ensure it complies with the particular standard from the time
5
that the SIP is no longer prevented from complying with the
6
standard.
7
(4) If a SIP was prevented from complying with a particular standard
8
as a result of a circumstances referred to in paragraph (2)(a), (b), or
9
(c), the SIP must ensure it complies with the particular standard:
10
(a) within 3 business days from the day upon which the
11
circumstances arose; or
12
(b) any other longer timeframe(s) as approved by the ACMA in
13
writing either on a case by case basis or class basis.
14
(5) If a SIP was prevented from complying with a particular standard
15
as a result of any of the circumstances referred to in
16
paragraph (2)(a), (b) or (c), the SIP must, within 1 business day
17
after becoming aware of the particular circumstances, publish on
18
its website a written notice setting out all of the following:
19
(a) a description of the circumstances;
20
(b) a unique identifier for the instance;
21
(c) this Actual (or estimated) number of carriage services and
22
end-user premises impacted by the particular circumstances;
23
(d) the expected date when the SIP is expected to no longer be
24
prevented from complying with the standard, including any
25
longer timeframe approved by ACMA.
26
Division 2--Maximum periods for connections
27
6 Connection period standard--maximum period for connection of
28
premises
29
(1) The SIP must connect a premises in its relevant service area to the
30
qualifying telecommunications network in order that a carriage
31
service provider can provide qualifying carriage services to an
32
end-user at the relevant premises within the following maximum
33
timeframes:
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(a) if the connection is a non-attendance connection--1 business
1
day from receipt of the request;
2
(b) if the connection is an attendance connection:
3
(i) for a type 1 or type 4 premises--1 business day from
4
receipt of the request; or
5
(ii) for a type 2, type 3 or type 5 premises--5 business days
6
from receipt of the request; or
7
(iii) in any other case--20 business days from receipt of the
8
request.
9
(2) For the avoidance of doubt, the periods specified in subclause (1)
10
are maximum timeframes and do not limit a SIP offering to
11
connect a premises in its relevant service area to a qualifying
12
telecommunications network within shorter timeframes.
13
Division 3--Maximum period for rectification of faults or
14
service difficulties
15
7 Fault rectification period standard--maximum period for
16
rectification of fault or service difficulties
17
(1) The SIP must rectify a fault or service difficulty in relation to an
18
eligible service supplied by the SIP or its qualifying
19
telecommunications network within:
20
(a) to the extent the affected premises are in an urban area or a
21
rural area--1 business day from receipt (or production) of the
22
report; and
23
(b) to the extent the affected premises are in a remote area--2
24
business days from receipt (or production) of the report.
25
(2) For the avoidance of doubt, the period specified in subclause (1) is
26
a maximum timeframe and does not limit a SIP's offering to rectify
27
a fault or service difficulty in relation to an eligible service or the
28
qualifying telecommunications network within a shorter
29
timeframe.
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Division 4--Appointments
1
8 Appointments for a connection or rectification of a fault or service
2
difficulty
3
(1) A SIP may make arrangements with the carriage service provider
4
or with the
end-user
of a qualifying carriage service supplied by
5
the carriage service provider:
6
(a) to connect the end-user's premises located in a relevant
7
service area to the SIP's qualifying telecommunications
8
network; or
9
(b) to rectify faults or service difficulties relating to:
10
(i) the eligible service supplied (or proposed to be
11
supplied) by the SIP to the carriage service provider in
12
order that the carriage service provider can provide a
13
qualifying carriage service; or
14
(ii) the qualifying telecommunications network used (or
15
proposed to be used), in order that the carriage service
16
provider can provide a qualifying carriage service to the
17
end-user.
18
(2) The day, and the time of day, proposed by the SIP for an
19
appointment must be reasonably convenient for the end-user.
20
(3) The SIP may propose an appointment:
21
(a) at a particular time of day; or
22
(b) in the period between 2 particular times of day that are not
23
more than 5 hours apart.
24
9 Changes to period for appointments
25
Either party to an appointment may change the day, time of day or
26
location of the appointment by
:
27
(a) giving at least 24 hours prior notice of the change to the other
28
party; or
29
(b) obtaining the agreement of the other party to the change.
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10 Standards relating to keeping appointments
1
(1) Subject to subclause (2), the SIP must keep an appointment either
2
to connect an end-user's premises in its relevant service area to
3
rectify a fault or service difficulty experienced by an end-user.
4
(2) A SIP is taken to have kept the appointment if the SIP is present at
5
the location of the appointment:
6
(a) if the appointment is for a particular time of day--not later
7
than 15
minutes after the time of the appointment; or
8
(b) if the appointment is for a period between 2 particular times
9
of day that are not more than 4 hours apart--not later than 15
10
minutes after the end of the period; or
11
(c) if the appointment is for a period between 2 particular times
12
of day that are more than 4, but not more than 5, hours apart
13
and the site is not in a remote area--at any time within the
14
period; or
15
(d) if the appointment is for a period between 2 particular times
16
of day that are more than 4, but not more than 5, hours apart
17
and the site is in a remote area--not later than 45 minutes
18
after the end of the period.
19
11 Interpretation for this Division
20
For the purposes of this Division:
21
(a) a reference to an end-user includes a reference to someone
22
who is validly authorised to represent the end-user; and
23
(b) a reference to a proposed appointment includes a reference to
24
an appointment that is changed in accordance with clause 9.
25
Division 5--Performance standards
26
12 Speed standard
27
The SIP must ensure that, for each 24 hour period and for each of
28
its eligible services supplied in a service area, the average
29
download transmission speed of the service is at least:
30
(a) 25 Mbps; or
31
(b) 50% of any download speed set out for the time in the
32
relevant SIP Offer;
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(whichever is the higher).
1
Part 3--Performance benchmarks
2
Note:
Subsection 360U(9) of this Act provides that a SIP must meet or
3
exceed a minimum benchmark set out in this Part.
4
Division 1--Preliminary
5
13 Overview
6
This Part outlines the performance benchmarks which each SIP
7
must meet or exceed during the relevant period in relation to the
8
standards specified in Part 2. There are 4 applicable standards:
9
(a) the connection period standards (clause 6); and
10
(b) the fault rectification period standard (clause 7); and
11
(c) the appointment-keeping period standard (subclause 10(1));
12
and
13
(d) the speed standard (clause 12).
14
Division 2--Performance benchmarks: connections
15
14 Performance Benchmarks for the connection period standard
16
(1) For each benchmark period, the minimum benchmark for the
17
connection period standard relating to non-attendance connections
18
is 98% of the total number of non-attendance connections requests
19
received in the benchmark period in all of the SIP's service areas.
20
(2) For each benchmark period, the minimum benchmark for the
21
connection period standard relating to attendance connections is
22
98% of the total number of attendance connections requests
23
received in the benchmark period in all of the SIP's service areas.
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Division 3--Performance benchmarks: fault rectification
1
15 Performance benchmarks for the fault rectification period
2
standard
3
(1) For each benchmark period, the minimum benchmark for the fault
4
rectification period standard relating to non-attendance fault
5
rectifications is 98% of the total number of non-attendance fault
6
rectification requests received in the benchmark period in all of the
7
SIP's service areas.
8
(2) For each benchmark period, the minimum benchmark for the fault
9
rectification period standard relating to attendance fault
10
rectifications is 98% of the total number of attendance fault
11
rectification requests received in the benchmark period in all of the
12
SIP's service areas.
13
Division 4--Performance benchmarks:
14
appointment-keeping
15
16 Performance benchmarks for the appointment-keeping period
16
standard
17
For each benchmark period, the minimum benchmark for the
18
appointment-keeping period standard is 98% of the total number of
19
appointments made in the benchmark period in all of the SIP's
20
service areas.
21
Division 5--Performance benchmarks: speed
22
17 Quarterly performance benchmark for the speed standard
23
For each quarter, the minimum benchmark for the speed standard
24
for each SIP service area is 98%, calculated using the following
25
formula:
26
A
divided by
B
,
27
where:
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A
is an aggregate figure calculated by summing for each calendar
1
day in the quarter the total number of eligible services in an area
2
that met the speed standard.
3
B
means the total eligible services in the area x the total calendar
4
days in the quarter.
5
Note:
Subclause 18(1) requires a SIP to prepare a network remediation plan
6
if the SIP fails to meet an applicable quarterly performance
7
benchmark for the speed standard in any service area.
8
Part 4--Rules
9
Note 1:
Subsection 360V(2) of this Act provides that a statutory infrastructure
10
provider must comply with a rule set out in this Part.
11
Note 2:
A statutory infrastructure provider must publish on its website the
12
terms and conditions on which it offers to connect premises in the
13
services area to a qualifying telecommunications network and supply
14
eligible services in order that a carriage service provider can provide a
15
qualifying carriage service to an end-user at a premises (see
16
subsections 360W(1) and 360X(1) of this Act).
17
18
18 Network remediation plans
19
(1) Subject to subclause (2), if a SIP does not meet an applicable
20
quarterly performance benchmark for the speed standard in any
21
service area, then the SIP must, within 20 business days:
22
(a) prepare a network remediation plan for each relevant
23
impacted service area or region (as the case may be); and
24
(b) publish a copy of the plan on a prominent place on its
25
website.
26
(2) The requirement under subclause (1) does not apply in cases in
27
which the SIP subsequently does not meet the speed standard in
28
respect of an eligible service and each of the following apply:
29
(a) the eligible service is situated in an area or region covered by
30
a current network remediation plan;
31
(b) the requirement for the current network remediation plan
32
arose from a prior failure by the SIP to meet the speed
33
standard.
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(3) For the purposes of paragraph (1)(a), the network remediation plan
1
must be in writing and include:
2
(a) details of the total number, and location, of all eligible
3
services supplied by the SIP in the area, including setting out
4
those services which have not met a quarterly speed
5
performance benchmark in the relevant period; and
6
(b) the steps which the SIP will implement, or arrange to be
7
implemented, to the SIP's network(s) used to supply the
8
affected eligible services (for example, a network upgrade,
9
extension or other modifications) to meet the applicable
10
benchmark(s) in the service area within 3 months from the
11
date the plan is issued.
12
19 Transparency in SIP Offer regarding rebates
13
(1) Each SIP Offer must include clear and transparent terms regarding
14
whether or not the SIP will pay or credit a rebate to a carriage
15
service provider for any failure by the SIP to meet a service level
16
standard about the supply, performance or reliability of an eligible
17
service supplied by the SIP.
18
(2) For the avoidance of doubt, nothing in subclause (1) either
19
expressly or by implication imposes an obligation on a SIP to
20
include any term relating to the payment or crediting of rebate of
21
any kind (however described) in a SIP Offer.
22
20 Record keeping--service connection
23
A SIP must, in relation to all connection requests it receives in
24
respect of premises situated in its service areas, keep a record of
25
the following matters:
26
(a) the date and time at which the request was received and the
27
name of the carriage service provider who made the request
28
on behalf of an end-user;
29
(b) the location of the particular premises that is the subject of
30
the connection request;
31
(c) a unique service identifier for the premises at paragraph (b);
32
(d) the applicable connection period in business days;
33
(e) the date and time at which the connection period standard
34
expires in relation to the connection request;
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(f) the date and time at which the SIP completed the connection;
1
(g) if circumstances reasonably beyond the control of the SIP or
2
a law of the Commonwealth, a State or Territory or local
3
government prevent it from complying with the connection
4
period standard:
5
(i) a description of those circumstances or name of the law
6
(as applicable); and
7
(ii) the reason why those circumstances or law (as
8
applicable) prevent the SIP from complying with the
9
standard; and
10
(iii) the date on which those circumstances arose or the SIP
11
became prevented from complying by reason of the law;
12
and
13
(iv) the date and time at which the circumstances or law (as
14
applicable) ceased to prevent the SIP from complying
15
with the standard;
16
(h) the type of premises and whether it is located in:
17
(i) an urban area; or
18
(ii) a rural area; or
19
(iii) a remote area.
20
21 Record keeping--fault or service difficulties
21
A SIP must, in relation to each report that it receives or produces,
22
in respect of a fault or service difficulty in respect of premises
23
situated in its relevant service areas, keep a record of the following
24
matters:
25
(a) if the SIP produced a report of the fault or service
26
difficulty--the date and time at which the report was
27
produced;
28
(b) if the SIP received a report of the fault or service difficulty:
29
(i) the date and time at which the report was received; and
30
(ii) the name of the carriage service provider who reported
31
the fault or service difficulty;
32
(c) the location of the particular premises experiencing the fault
33
or service difficulty;
34
(d) a unique service identifier for the premises at paragraph (c);
35
(e) a description of the nature of the fault or service difficulty;
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(f) the rectification period in business days;
1
(g) the date and time at which the fault rectification period
2
expires in relation to the fault or service difficulty;
3
(h) the date and time at which the SIP rectified the fault or
4
service difficulty;
5
(i) if circumstances reasonably beyond the control of the SIP or
6
the law of the Commonwealth, a State or Territory or local
7
government prevent it from complying with the fault
8
rectification period standard:
9
(i) a description of those circumstances or name of the law
10
(as applicable); and
11
(ii) the reason why those circumstances or law (as
12
applicable) prevent the SIP from complying with the
13
standard; and
14
(iii) the date on which those circumstances arose or the SIP
15
became prevented from complying by reason of the law;
16
and
17
(iv) the date and time at which the circumstances or law (as
18
applicable) ceased to prevent the SIP from complying
19
with the standard;
20
(j) the type of premises to which the report relates and whether
21
it is located in:
22
(i) an urban area; or
23
(ii) a rural area; or
24
(iii) a remote area.
25
22 Record keeping--network remediation plans
26
In respect of each network remediation plan that a SIP is required
27
to prepare in accordance with subclause 18(1), the SIP must retain
28
records of the following matters:
29
(a) each network remediation plan prepared;
30
(b) the percentage of eligible services which have been
31
remediated during the course of the period covered by each
32
network remediation plan;
33
(c) the SIP's implementation and fulfilment of each plan.
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23 Record keeping--appointment keeping
1
A SIP must, in relation to each appointment it arranges, keep a
2
record of the following matters:
3
(a) the agreed date and time of the appointment;
4
(b) details of any changes to the appointment, including when
5
the change was agreed;
6
(c) whether the appointment was for the purpose of connection
7
or fault rectification;
8
(d) the location of the particular premises to which the
9
appointment relates;
10
(e) a unique service identifier for the premises at paragraph (d);
11
(f) if circumstances reasonably beyond the control of the SIP or
12
the law of the Commonwealth, a State or Territory or local
13
government prevent it from complying with the appointment
14
keeping period standard:
15
(i) a description of those circumstances or name of the law
16
(as applicable); and
17
(ii) the reason why those circumstances or law (as
18
applicable) prevent the SIP from complying with the
19
standard; and
20
(iii) the date on which those circumstances arose or the SIP
21
became prevented from complying by reason of the law;
22
and
23
(iv) the date and time at which the circumstances or law (as
24
applicable) ceased.
25
24 Period for retention of records
26
If a SIP is required to keep a record of any matter described in
27
clauses 20 to 23, the SIP must retain that record for a period that
28
expires no earlier than 2 years after the end of the relevant
29
benchmark period.
30