
Telecommunications (Customer Service Guarantee) Record-Keeping Rules 2011
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes these Rules under section 529 of the Telecommunications Act 1997.
Dated 26 September 2011
Chris Chapman
[signed]
Member
Brendan Byrne
[signed]
Member/General Manager
Contents
Part 1 Introduction
1 Name of Rules
2 Commencement
3 Definitions
4 Qualifying carriage service providers
5 Nominated areas
Part 2 Keeping of Records
6 Records relating to the number of CSG services supplied
7 Records relating to location-specific thresholds
8 Records relating to in-place connections
9 Records relating to new connections
10 Records relating to reports of faults or service difficulties
11 Records relating to the keeping of appointments
Part 3 Retention of Records
12 Period for retention of records
Part 4 Reporting
13 Requirement to prepare compliance reports
14 Requirement to give compliance reports to the ACMA
Part 5 Audit
15 Auditing of compliance with these Rules
16 Audit terms of reference
17 Nomination of auditor
18 Requirement to provide audit report to the ACMA
Schedule 1 Information to be included in a compliance report
Schedule 2 Form of Compliance Report
These Rules are the Telecommunications (Customer Service Guarantee) Record-Keeping Rules 2011.
These Rules commence on:
whichever last occurs.
Note 1: Both events must occur before these Rules commence.
Note 2: All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
ABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999.
Act means the Telecommunications Act 1997.
appointment has a meaning affected by Division 4 of Part 2 of the CSG Standard.
audit report has the meaning given in subsection 18(4).
Benchmarks Instrument means the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011.
compliance report means a report under section 13.
connection or rectification appointment has the meaning given in subsection 11(2).
CSG Standard means the Telecommunications (Customer Service Guarantee) Standard 2011.
fault or service difficulty report has the meaning given in subsection 10(2).
nominated area has the meaning given in section 5.
qualifying carriage service provider for a benchmark period has the meaning given in section 4.
quarter means a period of 3 months ending on 30 September, 31 December, 31 March or 30 June.
reporting period has the meaning given in subsection 13(3).
Note: Some of the terms used in these Rules, such as the ACMA and carriage service provider, have the meaning given in the Act.
4 Qualifying carriage service providers
A carriage service provider is a qualifying carriage service provider for a benchmark period if, on the last day of the financial year preceding that benchmark period, the carriage service provider supplied 100,000 CSG services or more where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services.
Note: This definition corresponds with section 4 of the Benchmarks Instrument.
Each of the following geographic areas is a nominated area:
Note: The term nominated area is used in Schedule 1.
6 Records relating to the number of CSG services supplied
A qualifying carriage service provider for a benchmark period must keep a record of the number of CSG services that were supplied by the carriage service provider on the last day of the financial year preceding the benchmark period where the carriage service provider was obliged to comply with one or more performance standards in respect of the carriage service provider’s supply of those CSG services.
Note: These are the services referred to in section 4 of the Benchmarks Instrument.
7 Records relating to location-specific thresholds
A qualifying carriage service provider for a benchmark period must keep a record of the number of CSG services that were supplied by the carriage service provider on the last day of the financial year preceding the benchmark period, in each of the following areas:
where the carriage service provider was obliged to comply with one or more performance standards in respect of the carriage service provider’s supply of those CSG services.
Note: These are the services referred to in connection with the thresholds referred to in section 5 of the Benchmarks Instrument.
8 Records relating to in-place connections
keep a record of:
Note: The guaranteed maximum connection period that applies in relation to a request is ascertained by having regard to subsections 8(1) and (2) of, and item 201 of Schedule 1 to, the CSG Standard.
(2) For the purposes of this section, a request is relevant to the benchmark period if the carriage service provider that received the request is required to comply with the request during the benchmark period.
9 Records relating to new connections
keep a record of:
Note: The guaranteed maximum connection period that applies in relation to a new connection request is ascertained by having regard to subsections 8(1) and (2) of, and item 202 of Schedule 1 to, the CSG Standard.
(2) For the purposes of this section, a request is relevant to the benchmark period if the carriage service provider that received the request is required to comply with the request during the benchmark period.
10 Records relating to reports of faults or service difficulties
(1) A qualifying carriage service provider for a benchmark period must, in relation to each fault or service difficulty report that is:
keep a record of:
Note: The guaranteed maximum rectification period that applies in relation to a fault or service difficulty report is ascertained by having regard to sections 11 and 12 of the CSG Standard.
(2) A fault or service difficulty report means a report made by a customer to a carriage service provider of a fault or service difficulty in respect of a specified service supplied by the carriage service provider to the customer other than a fault or service difficulty relating to an inoperative enhanced call handling feature on a specified service that includes an enhanced call handling feature.
(3) For the purposes of this section, a fault or service difficulty report is relevant to the benchmark period if the carriage service provider that received the report is required to rectify the fault or service difficulty in the benchmark period.
11 Records relating to the keeping of appointments
keep a record of:
Note: Subsection 16(3) of the CSG Standard provides that an appointment may be in the period between two particular times of the day.
Note: Section 17 of the CSG Standard sets out the criteria for determining whether an appointment is kept.
12 Period for retention of records
If, in a benchmark period, a carriage service provider is required to keep a record of a matter described in Part 2, the carriage service provider must retain that record for a period that expires no earlier than two years after the end of that benchmark period.
Note: For example, if in accordance with Part 2, a carriage service provider keeps a record of a matter in the benchmark period commencing 1 October 2011 and ending 30 June 2012, that record must be retained until at least 30 June 2014.
13 Requirement to prepare compliance reports
14 Requirement to give compliance reports to the ACMA
15 Auditing of compliance with these Rules
Note: Section 18 sets out requirements relating to the provision of audit reports to the ACMA.
in accordance with the requirements of these Rules.
18 Requirement to provide audit report to the ACMA
give the audit report to the ACMA.
in accordance with the requirements of these Rules.
Schedule 1 Information to be included in a compliance report
A compliance report must include:
If a compliance report is in respect of a reporting period that ends on 31 December, the compliance report must include:
where the carriage service provider was obliged to comply with one or more performance standards in respect of the carriage service provider’s supply of those CSG services.
Note: The information specified in item 2 is for the purpose of applying sections 4 and 5 of the Benchmark Instrument.
(1) A compliance report must include, in respect of each quarter covered by the report, the following information in relation to each nominated area:
(2) For the purposes of subitem (1), request means a request made by a customer to a carriage service provider for a CSG service to be connected at a site that has an in-place connection.
Note: “Fault or service difficulty” does not include an inoperative enhanced call handling feature (see subitem 5(2) of this Schedule and also subsection 7(3) of the Benchmarks Instrument). Reports relating to inoperative enhanced call handling features are also excluded from the record-keeping rules in Part 2 (see subsection 10(2) of these Rules). Consequently, a compliance report will not include reports of faults or service difficulties of that kind.
A compliance report must include, in respect of each quarter covered by the report, the following information in relation to each nominated area:
Schedule 2 Form of Compliance Report
Instructions for completion of this form -
Table 1 – Information relating to the carriage service provider and the reporting period
Name of carriage service provider |
|
ABN of carriage service provider |
|
Date on which compliance report was prepared |
|
Start and end dates for the reporting period |
|
Start and end dates for the benchmark period |
|
Note : The information to be included in Table 1 is the information referred to in item 1 of Schedule 1.
Table 2 – Information relating to the supply of CSG services
Information relating to CSG Services | For [insert (last day of financial year preceding the benchmark period)] | |||||
| Urban Areas | Major Rural Areas | Minor Rural Areas | Rural Areas | Remote Areas | Australia |
Number of CSG services |
|
|
|
|
|
|
Note 1: The information in Table 2 is only required in relation to reporting periods ending on 31 December.
Note 2: The information to be included in Table 2 is the information referred to in item 2 of Schedule 1.
Table 3 – Performance information relating to in-place connections
Nominated area | In-place connections | For quarter ending [insert] | For quarter ending [insert] | |
New South Wales and the Australian Capital Territory | Number of requests |
|
| |
Number (complied – GMCP) |
|
| ||
Number (did not comply – GMCP) |
|
| ||
Number (complied – CSG Standard (section 9) arrangement) |
|
| ||
Number (did not comply – CSG Standard (section 9) arrangement) |
|
| ||
Number (did not comply – GMCP – other CSP) |
|
| ||
Victoria | Number of requests |
|
| |
Number (complied – GMCP) |
|
| ||
Number (did not comply – GMCP) |
|
| ||
Number (complied – CSG Standard (section 9) arrangement) |
|
| ||
Number (did not comply – CSG Standard (section 9) arrangement) |
|
| ||
Number (did not comply – GMCP – other CSP) |
|
| ||
Queensland | Number of requests |
|
| |
Number (complied – GMCP) |
|
| ||
Number (did not comply – GMCP) |
|
| ||
Number (complied – CSG Standard (section 9) arrangement) |
|
| ||
Number (did not comply – CSG Standard (section 9) arrangement) |
|
| ||
Number (did not comply – GMCP – other CSP) |
|
| ||
Western Australia | Number of requests |
|
| |
Number (complied – GMCP) |
|
| ||
Number (did not comply – GMCP) |
|
| ||
Number (complied – CSG Standard (section 9) arrangement) |
|
| ||
Number (did not comply – CSG Standard (section 9) arrangement) |
|
| ||
Number (did not comply – GMCP – other CSP) |
|
| ||
South Australia | Number of requests |
|
| |
|
| Number (complied – GMCP) |
|
|
|
| Number (did not comply – GMCP) |
|
|
|
| Number (complied – CSG Standard (section 9) arrangement) |
|
|
|
| Number (did not comply – CSG Standard (section 9) arrangement) |
|
|
|
| Number (did not comply – GMCP – other CSP) |
|
|
Tasmania | Number of requests |
|
| |
Number (complied – GMCP) |
|
| ||
Number (did not comply – GMCP) |
|
| ||
Number (complied – CSG Standard (section 9) arrangement) |
|
| ||
Number (did not comply – CSG Standard (section 9) arrangement) |
|
| ||
Number (did not comply – GMCP – other CSP) |
|
| ||
Northern Territory | Number of requests |
|
| |
Number (complied – GMCP) |
|
| ||
Number (did not comply – GMCP) |
|
| ||
Number (complied – CSG Standard (section 9) arrangement) |
|
| ||
Number (did not comply – CSG Standard (section 9) arrangement) |
|
| ||
Number (did not comply – GMCP – other CSP) |
|
| ||
Australia | Number of requests |
|
| |
Number (complied – GMCP) |
|
| ||
Number (did not comply – GMCP) |
|
| ||
Number (complied – CSG Standard (section 9) arrangement) |
|
| ||
Number (did not comply – CSG Standard (section 9) arrangement) |
|
| ||
Number (did not comply – GMCP – other CSP) |
|
| ||
Note 1: The information to be included in Table 3 is the information referred to in item 3 of Schedule 1.
Note 2: In Table 3, GMCP means guaranteed maximum connection period and CSP means carriage service provider.
Note 3: In Table 3, entries in the rows marked “Number (did not comply – GMCP)” must comprise all requests that were subject to, but were not complied with in, the guaranteed maximum connection period, including those that were not complied with due to acts or omissions by another carriage service provider.
Table 4 – Performance information relating to new connections
Nominated area | New connections | For quarter ending [insert] | ||||
|
| Urban Areas | Major Rural Areas | Minor Rural Areas | Remote Areas | Total |
New South Wales and the Australian Capital Territory | Number of requests |
|
|
|
|
|
Number (complied – GMCP) |
|
|
|
|
| |
Number (did not comply – GMCP) |
|
|
|
|
| |
Number (complied – CSG Standard (section 9) arrangement) |
|
|
|
|
| |
Number (did not comply – CSG Standard (section 9) arrangement) |
|
|
|
|
| |
Number (did not comply – GMCP – other CSP) |
|
|
|
|
| |
Victoria | Number of requests |
|
|
|
|
|
Number (complied – GMCP) |
|
|
|
|
| |
Number (did not comply – GMCP) |
|
|
|
|
| |
Number (complied – CSG Standard (section 9) arrangement) |
|
|
|
|
| |
Number (did not comply – CSG Standard (section 9) arrangement) |
|
|
|
|
| |
Number (did not comply – GMCP – other CSP) |
|
|
|
|
| |
Queensland | Number of requests |
|
|
|
|
|
Number (complied – GMCP) |
|
|
|
|
| |
Number (did not comply – GMCP) |
|
|
|
|
| |
Number (complied – CSG Standard (section 9) arrangement) |
|
|
|
|
| |
Number (did not comply – CSG Standard (section 9) arrangement) |
|
|
|
|
| |
Number (did not comply – GMCP – other CSP) |
|
|
|
|
| |
Western Australia | Number of requests |
|
|
|
|
|
Number (complied – GMCP) |
|
|
|
|
| |
Number (did not comply – GMCP) |
|
|
|
|
| |
Number (complied – CSG Standard (section 9) arrangement) |
|
|
|
|
| |
Number (did not comply – CSG Standard (section 9) arrangement) |
|
|
|
|
| |
Number (did not comply – GMCP – other CSP) |
|
|
|
|
| |
South Australia | Number of requests |
|
|
|
|
|
Number (complied – GMCP) |
|
|
|
|
| |
Number (did not comply – GMCP) |
|
|
|
|
| |
Number (complied – CSG Standard (section 9) arrangement) |
|
|
|
|
| |
Number (did not comply – CSG Standard (section 9) arrangement) |
|
|
|
|
| |
Number (did not comply – GMCP – other CSP) |
|
|
|
|
| |
Tasmania | Number of requests |
|
|
|
|
|
Number (complied – GMCP) |
|
|
|
|
| |
Number (did not comply – GMCP) |
|
|
|
|
| |
Number (complied – CSG Standard (section 9) arrangement) |
|
|
|
|
| |
Number (did not comply – CSG Standard (section 9) arrangement) |
|
|
|
|
| |
Number (did not comply – GMCP – other CSP) |
|
|
|
|
| |
Northern Territory | Number of requests |
|
|
|
|
|
| Number (complied – GMCP) |
|
|
|
|
|
| Number (did not comply – GMCP) |
|
|
|
|
|
| Number (complied – CSG Standard (section 9) arrangement) |
|
|
|
|
|
| Number (did not comply – CSG Standard (section 9) arrangement) |
|
|
|
|
|
| Number (did not comply – GMCP – other CSP) |
|
|
|
|
|
Australia | Number of requests |
|
|
|
|
|
Number (complied – GMCP) |
|
|
|
|
| |
Number (did not comply – GMCP) |
|
|
|
|
| |
Number (complied – CSG Standard (section 9) arrangement) |
|
|
|
|
| |
Number (did not comply – CSG Standard (section 9) arrangement) |
|
|
|
|
| |
Number (did not comply – GMCP – other CSP) |
|
|
|
|
| |
Note 1: The information to be included in Table 4 is the information referred to in item 4 of Schedule 1.
Note 2: In Table 4, GMCP means guaranteed maximum connection period and CSP means carriage service provider.
Note 3: In Table 4, entries in the rows marked “Number (did not comply – GMCP)” must comprise all requests that were subject to, but were not complied with in, the guaranteed maximum connection period, including those that were not complied with due to acts or omissions by another carriage service provider.
Note 4: If more than one quarter is covered by the report, a table in the form of Table 4 must be included in relation to each quarter.
Table 5 – Performance information relating to faults or service difficulties
Nominated area | Faults or service difficulties | For quarter ending [insert]
| |||
Urban Areas | Rural Areas | Remote Areas | Total | ||
New South Wales and the Australian Capital Territory | Number of reports |
|
|
|
|
Number (complied – GMRP) |
|
|
|
| |
Number (did not comply – GMRP) |
|
|
|
| |
Number (did not comply – GMRP – other CSP) |
|
|
|
| |
Victoria | Number of reports |
|
|
|
|
Number (complied – GMRP) |
|
|
|
| |
Number (did not comply – GMRP) |
|
|
|
| |
Number (did not comply – GMRP – other CSP) |
|
|
|
| |
Queensland | Number of reports |
|
|
|
|
Number (complied – GMRP) |
|
|
|
| |
Number (did not comply – GMRP) |
|
|
|
| |
Number (did not comply – GMRP – other CSP) |
|
|
|
| |
Western Australia | Number of reports |
|
|
|
|
Number (complied – GMRP) |
|
|
|
| |
Number (did not comply – GMRP) |
|
|
|
| |
Number (did not comply – GMRP – other CSP) |
|
|
|
| |
South Australia | Number of reports |
|
|
|
|
Number (complied – GMRP) |
|
|
|
| |
Number (did not comply – GMRP) |
|
|
|
| |
Number (did not comply – GMRP – other CSP) |
|
|
|
| |
Tasmania | Number of reports |
|
|
|
|
Number (complied – GMRP) |
|
|
|
| |
Number (did not comply – GMRP) |
|
|
|
| |
Number (did not comply – GMRP – other CSP) |
|
|
|
| |
Northern Territory | Number of reports |
|
|
|
|
Number (complied – GMRP) |
|
|
|
| |
Number (did not comply – GMRP) |
|
|
|
| |
Number (did not comply – GMRP – other CSP) |
|
|
|
| |
Australia | Number of reports |
|
|
|
|
Number (complied – GMRP) |
|
|
|
| |
Number (did not comply – GMRP) |
|
|
|
| |
Number (did not comply – GMRP – other CSP) |
|
|
|
| |
Note 1: The information to be included in Table 5 is the information referred to in item 5 of Schedule 1.
Note 2: In Table 5, GMRP means guaranteed maximum rectification period and CSP means carriage service provider.
Note 3: In Table 5, entries in the rows marked “Number (did not comply – GMRP)” must comprise all faults or service difficulties reported that were subject to, but were not rectified in, the guaranteed maximum rectification period, including those that were not rectified in that period due to acts or omissions by another carriage service provider.
Note 4: If more than one quarter is covered by the report, a table in the form of Table 5 must be included in relation to each quarter.
Table 6 – Performance information relating to the keeping of appointments
Nominated area | Appointment keeping | Quarter ending [insert] | Quarter ending [insert] |
New South Wales and the Australian Capital Territory | Number of appointments |
|
|
Number (complied) |
|
| |
Number (did not comply) |
|
| |
Number (did not comply – other CSP) |
|
| |
Victoria | Number of appointments |
|
|
Number (complied) |
|
| |
Number (did not comply) |
|
| |
Number (did not comply – other CSP) |
|
| |
Queensland | Number of appointments |
|
|
Number (complied) |
|
| |
Number (did not comply) |
|
| |
Number (did not comply – other CSP) |
|
| |
Western Australia | Number of appointments |
|
|
Number (complied) |
|
| |
Number (did not comply) |
|
| |
Number (did not comply – other CSP) |
|
| |
South Australia | Number of appointments |
|
|
Number (complied) |
|
| |
Number (did not comply) |
|
| |
Number (did not comply – other CSP) |
|
| |
Tasmania | Number of appointments |
|
|
Number (complied) |
|
| |
Number (did not comply) |
|
| |
Number (did not comply – other CSP) |
|
| |
Northern Territory | Number of appointments |
|
|
Number (complied) |
|
| |
Number (did not comply) |
|
| |
Number (did not comply – other CSP) |
|
| |
Australia | Number of appointments |
|
|
Number (complied) |
|
| |
Number (did not comply) |
|
| |
Number (did not comply – other CSP) |
|
|
Note 1: The information to be included in Table 6 is the information referred to in item 6 of Schedule 1.
Note 2: In Table 6, CSP means carriage service provider.