TELECOMMUNICATIONS ACT 1997 - SECT 349 Requirement to provide pre - selection
TELECOMMUNICATIONS ACT 1997 - SECT 349
Requirement to provide pre - selection(1) The ACMA may make a written determination requiring each carrier or carriage service provider who supplies an eligible standard telephone service to:
(a) provide pre - selection in favour of a specified carriage service provider, in relation to calls made using an eligible standard telephone service, in the manner specified in the determination; and
(b) comply with such ancillary or incidental rules (if any) as are set out in the determination.
(2) The ACMA must make a written determination requiring each carrier or carriage service provider who supplies a specified declared carriage service to:
(a) provide pre - selection in favour of a specified carriage service provider, in relation to calls made using the carriage service, in the manner specified in the determination; and
(b) comply with such ancillary or incidental rules (if any) as are set out in the determination.
Note: Declared carriage service is defined by section 350A.
(3) In making a determination under subsection (1) or (2), the ACMA must have regard to:
(a) the technical feasibility of complying with the requirement concerned; and
(b) the costs and benefits of complying with the requirement concerned.
(4) Subsection (3) does not, by implication, limit the matters to which regard may be had.
(5) A reference in this section to a standard telephone service does not include a reference to a service that is supplied by means of a public mobile telecommunications service.
(5A) A reference in this section to a standard telephone service does not include a reference to a service that:
(i) a designated radiocommunications facility owned or operated by a carrier or carriage service provider; and
(ii) a line that runs directly between the facility and the premises occupied or used by an end - user; and
(b) if an instrument is in force under subsection (5B)--satisfies the conditions set out in the instrument.
(5B) The Minister may, by legislative instrument, set out conditions for the purposes of paragraph (5A)(b).
(6) Before making a determination under this section, the ACMA must consult the ACCC.
(7) In making a determination under this section, the ACMA may apply, adopt or incorporate (with or without modification) any matter contained in a code or standard proposed or approved by a body or association, either:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time.
This subsection does not, by implication, limit section 589.
(8) A determination under this section is a legislative instrument.
(9) The ACMA must take all reasonable steps to ensure that a determination is in force under subsection (1) at all times before the start of the designated day (within the meaning of section 577A).
Eligible standard telephone service
(10) For the purposes of this section, eligible standard telephone service means a standard telephone service that is supplied using a local access line (other than an exempt line) to premises occupied or used by an end - user, where:
(a) the local access line forms part of the infrastructure of:
(i) a public switched telephone network (other than a designated network) that was in existence immediately before the commencement of this subsection (even if it is subsequently extended); or
(ii) an integrated services digital network (other than a designated network) that was in existence immediately before the commencement of this subsection (even if it is subsequently extended); or
(iii) a telecommunications network specified in an instrument in force under subsection (11); or
(b) the following conditions are satisfied:
(i) the service is a public switched telephone service supplied by a carriage service provider;
(ii) the local access line is part of the infrastructure of a designated network (other than a hybrid fibre - coaxial network);
(iii) the carriage service provider is in a position to exercise control over the designated network;
(iv) such other conditions (if any) as are set out in an instrument in force under subsection (11A); or
(c) the following conditions are satisfied:
(i) the service is an integrated services digital service supplied by a carriage service provider;
(ii) the local access line is part of the infrastructure of a designated network (other than a hybrid fibre - coaxial network);
(iii) the carriage service provider is in a position to exercise control over the designated network;
(iv) such other conditions (if any) as are set out in an instrument in force under subsection (11B); or
(d) the following conditions are satisfied:
(i) the service is a PSTN pass - through service supplied in conjunction with a telecommunications network covered by paragraph (b) of the definition of optical fibre network in subsection (16);
(ii) such other conditions (if any) as are set out in an instrument in force under subsection (11C).
(11) The Minister may, by legislative instrument, specify a telecommunications network for the purposes of subparagraph (10)(a)(iii).
(11A) The Minister may, by legislative instrument, set out one or more conditions for the purposes of subparagraph (10)(b)(iv).
(11B) The Minister may, by legislative instrument, set out one or more conditions for the purposes of subparagraph (10)(c)(iv).
(11C) The Minister may, by legislative instrument, set out one or more conditions for the purposes of subparagraph (10)(d)(ii).
(12) For the purposes of this section, exempt line means a line specified in an instrument in force under subsection (13).
(13) The Minister may, by legislative instrument, specify a line for the purposes of subsection (12).
(14) For the purposes of this section, designated network means:
(a) an optical fibre network; or
(b) a hybrid fibre - coaxial network; or
(c) a telecommunications network specified in an instrument in force under subsection (15).
(15) The Minister may, by legislative instrument, specify a telecommunications network for the purposes of paragraph (14)(c).
(15A) For the purposes of this section:
(a) the question of whether a carriage service provider is in a position to exercise control over a designated network is to be determined under Division 7 of Part 33; and
(b) in determining that question for a carriage service provider other than Telstra, that Division applies in relation to the carriage service provider in a corresponding way to the way in which that Division applies in relation to Telstra.
(a) conduct a review of whether a determination in force under subsection (1) of this section should be varied or revoked; and
(b) do so at least 2 months before the start of the designated day (within the meaning of section 577A).
"integrated services digital network" has the meaning generally accepted within the telecommunications industry immediately before the commencement of this subsection.
"integrated services digital service" has the meaning generally accepted within the telecommunications industry immediately before the commencement of this subsection.
"local access line" has the meaning given by section 349A.
"non-optical-fibre cable" means a line other than an optical fibre line.
"optical fibre network" means:
(a) a telecommunications network the line component of which consists of optical fibre lines; or
(b) a telecommunications network the line component of which consists of optical fibre lines to connecting nodes, supplemented by either or both of the following:
(i) non - optical - fibre cable connections from the nodes to premises occupied or used by end - users;
(ii) non - optical - fibre cable connections from the nodes to main distribution frames, and non - optical - fibre cable connections from main distribution frames to premises occupied or used by end - users.
"PSTN pass-through service" has the meaning generally accepted within the telecommunications industry immediately before the commencement of this subsection.
"public switched telephone network" has the meaning generally accepted within the telecommunications industry immediately before the commencement of this subsection.
"public switched telephone service" has the meaning generally accepted within
the telecommunications industry immediately before the commencement of this
subsection.