Docstoc
EXCLUSIVE OFFER FOR DOCSTOC USERS
Try the all-new QuickBooks Online for FREE.  No credit card required.

Commonwealth of Australia DRAFT – FOR CONSULTATION PURPOSES ONLY

Document Sample
Commonwealth of Australia DRAFT – FOR CONSULTATION PURPOSES ONLY Powered By Docstoc
					             DRAFT – FOR CONSULTATION PURPOSES ONLY

                         Commonwealth of Australia

    Telecommunications (Consumer Protection and Service Standards) Act 1999


    Telecommunications (Customer Service Guarantee)
    Direction No. 1 of 1999 (Amendment No. 1 of 2007)

I, HELEN LLOYD COONAN, Minister for Communications, Information
Technology and the Arts, give the following Direction under section 124 of the
Telecommunications (Consumer Protection and Service Standards) Act 1999.

Dated                                2007.




                  [DRAFT ONLY—NOT FOR SIGNATURE]
        Minister for Communications, Information Technology and the Arts
                                 ____________


1       Name of Direction
        This Direction is the Telecommunications (Customer Service Guarantee)
        Direction No. 1 of 1999 (Amendment No. 1 of 2007).


2       Commencement
        This Direction commences on the day after it is registered on the Federal
        Register of Legislative Instruments.


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 1 July 2007.


4       Variation
        The Telecommunications (Customer Service Guarantee) Direction No. 1
        of 1999 is varied as set out in the Schedule to this Direction.




                          DRAFT ONLY
2           Telecommunications (Customer Service Guarantee) Direction
                    No. 1 of 1999 (Amendment No. 1 of 2007)

Schedule           Amendments
                   (clause 4)


[1]   Clause 4, definition of CSG service
      substitute

      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;
      (c)    a satellite service; or
      (d)    a VOIP service;
      unless:
      (e)    such a service is supplied or offered to be supplied in fulfilment of
             the obligation specified in paragraph 9(1)(a) of the Act; or
      (f)    if the service is a VOIP service—the service is supplied or offered
             to be supplied as a VOIP CSG service and either:
             (i)   both the VOIP service and the Internet access service over
                   which the VOIP service operates are supplied by the same
                   legal entity; or
             (ii) there is a contractual relationship between the entity that
                  supplies the VOIP service and the entity that supplies the
                  Internet access service over which the VOIP service
                  operates.
      Note A CSG service does not include sophisticated business-oriented services (such
      as Telstra’s Centel, Siteline, Worldsource, VMS and CVPN services and similar
      services) offered by carriage service providers unless they are supplied, or offered to
      be supplied, to meet the obligation specified in paragraph 9(1)(a) of the Act or, if the
      service is a VOIP service, as a VOIP CSG service.


[2]   Clause 4, after the definition of Telecommunications
      Industry Ombudsman scheme
      insert

      VOIP CSG service means a service that is:
      (a)    a standard telephone service; and
      (b)    a VOIP service; and


                   DRAFT ONLY
3           Telecommunications (Customer Service Guarantee) Direction
                    No. 1 of 1999 (Amendment No. 1 of 2007)

      (c)    offered for supply, or supplied, for use solely or predominantly on
             a fixed basis at a customer’s premises; and
      (d)    accessible without the continuous use of a personal computer;
      but does not include such a service when it is used outside the premises
      to which it is supplied solely or predominantly for use.
      Note A ‘personal computer’ is intended to include a desktop, laptop or smaller
      computing device (eg. a personal digital assistant) that provides a range of functions,
      not solely or predominantly VOIP. Notwithstanding their processing capabilities, an
      analogue telephone adaptor (ATA), an integrated access device (IAD) or a stand-
      alone IP phone with in-built VOIP functionality are not intended to be captured by
      the definition of personal computer. ‘Continuous use’ is intended to refer to the
      integral and ongoing use of the personal computer in the provision of the VOIP
      service, for example, because the computer is hosting the software client used to
      provide the VOIP service, or peripheral VOIP equipment, such as a USB phone or
      ‘chatter box’, is dependent on operation of the computer.

      VOIP service means a carriage service that enables a voice call to
      originate and/or be received on customer equipment at the premises to
      which the service is supplied by means of the Internet protocol.


[3]   Subclause 7(2)
      omit

      ACA

      substitute

      ACMA




                DRAFT ONLY

				
DOCUMENT INFO