Australian Communications and Media Authority (Emergency Call Service Determination) Direction 2024

by Michelle Anne Rowland

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Australian Communications and Media Authority (Emergency Call Service Determination) Direction 2024

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I, Michelle Rowland, Minister for Communications, make the following direction.

Dated 21 August 2024

 

Michelle Rowland
Minister for Communications

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Contents

1	Name ............................................................................................................................................................................................................................................................................................................	1
2	Commencement ............................................................................................................................................................................................................................................................................................................	1
3	Authority ............................................................................................................................................................................................................................................................................................................	1
4	Definitions ............................................................................................................................................................................................................................................................................................................	1
5	Direction to the ACMA ............................................................................................................................................................................................................................................................................................................	1
6	Content of the Determination ............................................................................................................................................................................................................................................................................................................	2

1 Name

This instrument is the Australian Communications and Media Authority (Emergency Call Service Determination) Direction 2024.

2 Commencement

This instrument commences the day after this instrument is registered.

3 Authority

This instrument is made under subsection 14(1) of the Australian Communications and Media Authority Act 2005.

4 Definitions

Note: A number of expressions used in this instrument are defined in section 7 of the Act, including the following:

(a) ACMA;

(b) carrier;

(c) carriage service provider.

In this instrument:

Act means the Australian Communications and Media Authority Act 2005.

carriage service has the same meaning as in the Telecommunications Act 1997.

controlled facility has the same meaning as in the Telecommunications Act 1997.

Determination means the Telecommunications (Emergency Call Service) Determination 2019.

emergency call has the same meaning as in the Determination.

emergency call person for 000 and 112 has the same meaning as in the Determination.

emergency service organisation has the same meaning as in the Determination.

financial hardship customer has the same meaning as in the Telecommunications (Financial Hardship) Industry Standard 2024.

payment assistance policy has the same meaning as in the Telecommunications (Financial Hardship) Industry Standard 2024.

provider means a carrier or carriage service provider.

5 Direction to the ACMA

(1) I direct the ACMA to amend the Determination in accordance with section 6 of this Direction.

(2) The amendments to the Determination provided in subsection 6(1) of this Direction are to:

(a) be determined by 30 April 2025; and

(b) commence in full at the earliest practical opportunity and no later than 1 November 2025.

(3) The amendments to the Determination provided for in subsection 6(2) of this Direction are to be determined and commence in full by 1 November 2024.

6 Content of the Determination

(1) The Determination be amended to:

(a) impose clear requirements on providers, in relation to ensuring emergency calls are delivered to the emergency call person for 000 and 112, to:

(i) wilt controlled facilities in the event they lose connectivity to a core network, to ensure emergency calls can be carried by other networks;

(ii) take all reasonable steps to ensure that, during an outage, the provider’s network or controlled facilities do not impede emergency call camp on functionality;

(iii) test that emergency calls originating on their network can be delivered to the emergency call person for 000 and 112, including when using the emergency call camp on functionality; and

(iv) configure networks to carry emergency calls originating on their network to the emergency call person for 000 and 112 regardless of the mobile phone used to initiate the call;

(b) impose requirements on providers to share real time network information relating to outages with relevant emergency services organisations, the emergency call person for 000 and 112 and other appropriate entities;

(c) impose requirements on providers to report to the ACMA and the Department the following information, within a specified timeframe after a major outage that affected the delivery of emergency calls to the emergency call person for 000 and 112:

(i) the cause of the major outage;

(ii) steps taken to resolve the major outage;

(iii) the impact of the major outage on the delivery of emergency calls to the emergency call person for 000 and 112, including an estimate of the number of impacted end-users; and

(iv) a clear and detailed plan, with timeline, detailing steps that will be taken to rectify the issues identified as contributing to the outage and to avoid similar outages in the future;

(d) include a comprehensive disruption protocol section, relating to actions that must be taken during and after a major outage that affects the delivery of emergency calls to the emergency call person for 000 and 112; and

(e) include a requirement for providers to submit to the ACMA and other appropriate entities, within a specified timeframe in advance of any proposed changes to their operations or their networks that will impact the delivery of calls to the emergency call person for 000 and 112, a management plan that details the steps the provider will take to minimise any detrimental impacts of those changes on end-users.

(2) The Determination be amended to give effect to the following objectives:

(a) carriage service providers be required to identify if the mobile phone of an end-user requesting the supply of carriage services from the provider is able to access the emergency call service using both:

(i) the provider’s own network; and

(ii) the networks of other carriage service providers who provide carriage services to the public;

(b) where an end-user’s mobile phone is unable to access the emergency call service using either the provider’s own network or the networks of other carriage service providers who provide carriage services to the public, the carriage service provider is:

(i) to notify the end-user that the mobile phone is not able to access the emergency call service;

(ii) not to supply carriage services to the end-user in connection with that mobile phone;

(iii) to provide the end-user with information about alternative mobile phones available, including low cost or no cost mobile phones, which are able to access the emergency call service; and

(iv) to ensure the carriage service provider’s payment assistance policy includes avenues for financial hardship customers to receive assistance to obtain a low cost or no cost alternative mobile phone which is able to access the emergency call service;

(c) carriage service providers be required to use best endeavours to promptly identify if an end-user’s mobile phone to which carriage services are being provided is no longer able to access the emergency call service using either:

(i) the provider’s own network, or

(ii) the networks of other carriage service providers who provide carriage services to the public;

(d) where an end-user’s mobile phone is no longer able to access the emergency call service using either the provider’s own network, or the networks of other carriage service providers who provide carriage services to the public, the carriage service provider is to:

(i) within a specified period, notify the end-user that the mobile phone is no longer able to access the emergency call service;

(ii) at the end of a specified period, cease supplying carriage services to the end-user in connection with that mobile phone;

(iii) provide the end-user with information about alternative mobile phones available, including low cost or no cost mobile phones, which are able to access the emergency call service; and

(iv) ensure the carriage service provider’s payment assistance policy includes avenues for financial assistance customers to receive assistance to obtain a low cost or no cost alternative mobile phone which is able to access the emergency call service; and

(e) there be an exception to the objectives referred to in (2)(b)(ii) and (2)(d)(ii) where:

(i) the mobile phone is being used by a foreign traveller in Australia who intends to remain in Australia for a period of time which is less than a specified period of time; and

(ii) the foreign traveller has been notified by the carriage service provider that the mobile phone is not able to access the emergency call service.

(3) In amending the Determination, the ACMA may define any terms that it considers appropriate or necessary, including terms used in this direction but not defined in section 4.