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1996
THE PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
TELECOMMUNICATIONS
(NUMBERING FEES) AMENDMENT BILL 1996
EXPLANATORY
MEMORANDUM
(Circulated
by authority of the Minister for Communications and the Arts, Senator the Hon
Richard Alston)
79291 Cat. No. 96 5307 4 ISBN 0644 482834
TELECOMMUNICATIONS (NUMBERING FEES) AMENDMENT
BILL 1996
OUTLINE
The Telecommunications (Numbering Fees) Act 1991 (the Numbering Fees Act) enables the making of regulations to specify a fee payable on the allocation of numbers under section 242 of the Telecommunications Act 1991 (the Telecommunications Act) in respect of telecommunications services provided across a public telecommunications network.
The Telecommunications (Numbering Fees) Amendment Bill 1996 would amend the
Numbering Fees Act to require carriers and service providers to pay annual
charges on numbers that are held by them in respect of telecommunications
services to be provided across a public telecommunications network (ie, rather
than a one-off fee imposed when the number is first allocated). These
provisions are intended to derive payment to the Commonwealth for the use of
numbers by carriers and service providers, as these numbers are a limited public
resource.
The proposed amendments impose a charge upon numbers held by a
carrier or service provider on the commencement day of the amendments (28 days
after Royal Assent) and each anniversary of that commencement day (Item 3 of
Schedule 1 - proposed new sections 6, 7 and 8).
The amount of the charge
would be determined by AUSTEL in a written determination that is a disallowable
instrument (Item 3 of Schedule 1 - proposed new section 9).
There would
be a maximum limit of $100,000 on the amount of charge imposed on a particular
number per annum (Item 3 of Schedule 1 - proposed new section 10); and provision
for AUSTEL to determine exemptions from charges in respect of specified numbers
(Item 3 of Schedule 1 - proposed new section 11).
FINANCIAL IMPACT STATEMENT
The amendments are expected to derive in the vicinity of $30 million in
revenue to the Commonwealth per annum.
NOTES ON CLAUSES
Clause 1 - Short title
When enacted, this Act would be
cited as the Telecommunications (Numbering Fees) Amendment Act
1996.
Clause 2 - Commencement
The amendments in
this Act would commence on the 28th day after Royal Assent.
Clause
3 - Schedule(s)
The amendments of the Telecommunications
(Numbering Fees) Act 1991 (the Numbering Fees Act) are set out in items 1 to
3 of Schedule 1.
Schedule 1 - Amendment of Telecommunications
(Numbering Fees) Act 1991
Item 1 - Title
This item would amend the long title of the Numbering Fees Act to
read: “An Act to impose a charge on numbers for public telecommunications
services”.
Item 2 - Section 1
This item would amend the short title of the Numbering Fees Act to read: “Telecommunications (Numbering Charges) Act 1991”.
Item 3 - Sections 3, 4, 5, 6 and 7
This item would repeal sections 3, 4, 5, 6 and 7 of the Numbering Fees
Act and substitutes the following sections.
Section 3 - Act to bind the Crown
New section 3 would provide that the Act binds the Crown in the right of each
of the States, of the Australian Capital Territory, of the Northern Territory
and of Norfolk Island.
Section 4 - Extension to eligible Territories
New section 4 would extend the operation of the Act to each eligible
Territory.
Section 5 - Definitions
New section 5 would define terms used in the remaining sections of the
Telecommunications (Numbering Charges) Act 1991.
Section 6 - Holder of a number
New section 6 would set out the circumstances in which a particular
carrier or service provider “holds” a number for the purposes of
the charge imposed by new section 7.
Subsection 6(1) provides that
carriers and service providers hold numbers at a particular time if at that
time:
• they have been allocated a number under subsection 242(1)
of the Telecommunications Act 1991; and
• that number has not been
either recovered by AUSTEL or returned to AUSTEL, under the national numbering
plan; or
• in the case of a number which was allocated to Telstra that
number was subsequently allocated by Telstra to Optus for use by Optus in
connection with the supply of AMPS services.
Subsection 6(2) provides
that Telstra holds a number at a particular time if no allocation of the number
to Telstra is in force at that time and either Telstra (or any of its
predecessors) allocated that number to a customer (which does not include a
service provider (subsection 6(3)) and that allocation is in force at that time,
or that number is available to be allocated by Telstra to a customer.
The
intention of this subsection is to ensure that charges may be imposed on all
numbers held by Telstra, whether allocated under subsection 242(1) of the Act by
AUSTEL or held by Telstra in some other way. It has been necessary to make a
particular provision for Telstra because, prior to the passage of the
Telecommunications Act 1991, Telstra (or its predecessors) was solely
responsible for allocating numbers. AUSTEL has the responsibility for
allocating numbers for telecommunications services to carriers and service
providerss under section 242 of the Telecommunications Act 1991 and has
made allocations to carriers and service providers since gaining the
responsibility. However, Telstra still holds some number ranges which were not
allocated by AUSTEL, and has continued to allocate those numbers to its
customers or to have them available for allocation.
Subsection 6(4)
reinforces that the arrangements provided for Telstra in subsection 6(2) apply
whether numbers were allocated to Telstra under section 242 of the
Telecommunications Act 1991, or under the other arrangements which
occurred before AUSTEL acquired that responsibility.
Subsection 6(5)
makes a particular provision for AMPS numbers held by Optus Mobile Pty Ltd. The
effect of this subsection would be that Optus will be taken to hold a number
from the time that it has been allocated by Telstra to Optus for use in
connection with the supply of AMPS services until:
• that number has
been either recovered by AUSTEL or returned to AUSTEL, under the national
numbering plan; or
• the number was subsequently returned to
Telstra.
Subsection 6(6) confirms that the particular provisions relating
to “holding” a number set out in subsections 6(2), 6(5) apply in
addition to the general provision in subsection 6(1).
Subsection 6(7)
confirms that the provisions referring to Telstra allocating a number to Optus
for use in connection with the supply of AMPS services will apply as if the
number has been allocated to Optus unless it has subsequently relinquished that
number, in which case it will be taken to have been returned to
Telstra.
Subsection 6(8) confirms that this section applies to an
allocation which occurs before or after the commencement of the amending
Act.
Subsection 6(9) clarifies that where a number has been or is
re-numbered, for example, where Melbourne metropolitan numbers were changed by
having the prefix “9” added, then the charge is still payable as the
number is still held by the carrier or service provider.
Section 7 - Imposition of charge
Proposed section 7 sets the particular time when number holdings are
calculated (in the terms of section 6) for the purpose of having a charge
imposed upon the holdings. Number holding are to be calculated upon the
commencement of this Act (which is 28 days after Royal Assent is given) and on
each anniversary of that commencement.
Section 8 - By whom charge payable
Proposed section 8 sets out that the charge is payable by the carrier or service provider who holds the number.
Section 9 - Amount of charge
Proposed section 9 sets out that the amount of charge is the amount which is determined by AUSTEL in accordance with a written determination made by disallowable instrument.
Section 10 - Maximum charge
Proposed section 10 prevents a charge being imposed on a single number which exceeds $100,000 per annum.
Section 11 - Exemption from charge
Proposed section 11 permits AUSTEL to exempt a specified number (or class of number) from a charge, in accordance with a written determination made by disallowable instrument.