Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997

Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997

as amended

made under subsection 63 (3) of the

Telecommunications Act 1997

This compilation was prepared on 30 June 2004
taking into account amendments up to Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 2 of 2003)

[Note: Clause 13 may cease to have effect at some future time, see clause 14]

Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

Contents

1 Citation [see Note 1] 3

2 Commencement 3

3 Definitions 3

4 Application 7

5 Industry development plan 7

6 Compliance 7

7 Operator services 7

8 Directory assistance services 7

9 Alphabetical public number directory 8

10 Integrated public number database 9

11 Differential charging conditions 11

12 Digital data capability 11

13 Local number portability 11

14 Cessation of clause 13 12

15 Replacement of AMPS network 13

17 Provision of information to CUSPs and aspirant CUSPs 15

18 Obligations in relation to the Extended Zones 17

19 Priority assistance arrangements 19

20 Licensee's Processes and Systems 22

21 Exemptions from the Customer Service Guarantee 22

22 Low-income measures 23

23 Obligations in relation to the provision of mobile phone services to towns with populations over 500 24

24 Network Reliability Framework -- Definitions 25

25 Monitoring and reporting at the Field Service Area (FSA) level 26

26 Monitoring, remediation and reporting at the Exchange Service Area (ESA) level 27

27 Monitoring, prevention, remediation and reporting at the CSG service level 28

28 Methodologies 31

29 Obligations in relation to the provision of mobile phone coverage in selected population centres 31

30 Obligations in relation to the provision of mobile phone coverage on selected highways 32

31 Internet assistance program for dial-up Internet access 33

Schedule (AMPS network closed announcement) 39

Schedule 2 Format and description of information to be provided to CUSPs and aspirant CUSPs under paragraph 17 (2) (a) 40

Schedule 3 Deed poll for CUSPs and aspirant CUSPs requesting information relating to contestable universal service areas 45

Schedule 4 Objectives to be addressed in the licensee's priority assistance policy under subclause 19 (2) 61

Notes 70

1 Citation [see Note 1]

This Declaration may be cited as the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997.

2 Commencement

This Declaration commences on 1 July 1997.

3 Definitions

In this Declaration:

800 MHz band means:

(a) in a metropolitan area -- the frequency bands:

(i) 825 MHz to 845 MHz; and

(ii) 870 MHz to 890 MHz; and

(b) in a non-metropolitan area -- the frequency bands:

(i) 825 MHz to 830 MHz; and

(ii) 835 MHz to 845 MHz; and

(iii) 870 MHz to 875 MHz; and

(iv) 880 MHz to 890 MHz.

Note Each frequency band includes all frequencies that are greater than the lower frequency, up to and including the higher frequency.

ACA means the Australian Communications Authority.

ACA's Boulding Report means the report by the ACA into the provision and maintenance of telephone services to the Boulding family in Kergunyah, north-eastern Victoria, published on 14 March 2002.

allocated number means a number allocated under the authority of the numbering plan.

alternative service means a service that provides a customer with access to a telephone service.

Note An example of an alternative service is a call diversion to a mobile telephone service or to a second fixed telephone service.

AMPS has the meaning given by section 358 of the Act.

AMPS site means:

(a) a metropolitan AMPS site; or

(b) a non-metropolitan AMPS site.

call conveyancing costs means the costs associated with any additional routing and processing required within the licensee's telecommunications network in order to transfer a call to the telecommunications network operated by Optus where the called customer has ported his or her number to Optus.

Consumer Protection Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

coverage means an area in which customers of a carrier or carriage service provider which supplies a mobile telecommunications service are ordinarily able to make or receive calls by means of that carrier's or provider's network.

Note It is intended that the coverage of a carrier's or carriage service provider's public mobile telecommunications service includes areas in which customers of that service are ordinarily able to make or receive calls by means of the carrier's or provider's network but, for reasons such as system or network failure or network congestion, are unable to do so from time to time.

current industry development plan has the meaning given by clause 7 of Schedule 1 to the Act.

customer transfer costs means the one-off administrative costs incurred by the licensee for the initial transfer of a customer from the licensee's telecommunications network to the telecommunications network operated by Optus.

customer includes the nominee of a customer.

designated basic rate ISDN service has the meaning given by subsection 66 (2) of the Act.

emergency call service has the meaning given by section 7 of the Act.

emergency service means a service mentioned in paragraph (b) of the definition of emergency call service in section 7 of the Act.

enforcement agency has the meaning given by section 282 of the Act.

industry development plan has the meaning given by clause 6 of Schedule 1 to the Act.

Industry Minister means the Minister for Industry, Science and Tourism.

inoperative in relation to a STS, means:

(a) an absence of dial or ring tone; or

(b) an inability to make or receive calls; or

(d) repetition of service cut off; or

(e) another condition that makes the service wholly or substantially unusable.

interim priority service means a service that satisfies the technical and functional requirements (if any) specified in a written instrument made by the ACA:

(a) that provides a customer with:

(i) a service for voice telephony; or

(ii) a service equivalent to a service for voice telephony where voice telephony is not practical for a customer with a disability;

which may or may not include at the provider's discretion a data capability or any enhanced call handling feature; and

(b) for which that customer is, or may be, charged:

(i) an access charge that, when added to the access charge normally charged for the STS for which the interim priority service is being provided in substitution, does not exceed the amount of the access charge normally charged for the STS; and

(ii) call charges that do not exceed the call charges that are normally charged for the kind of service the interim priority service is, when the interim priority service is not supplied as an interim priority service.

Note 1 An example of the provision of an interim priority service is the provision of a terrestrial or satellite mobile telephone service (at mobile call rates) to replace a STS.

Note 2 If a customer has paid or is paying an access charge in relation to a STS, for which an interim priority service is provided in substitution, the customer is not intended to be charged an access charge for the interim priority service.

Note 3 While a customer may be charged for calls using an interim priority service at the charge normally applicable to the kind of service the interim priority service is, the licensee is not required to charge that charge.

licensee means Telstra Corporation Limited (ACN 051 775 556).

local number portability means the ability to convey portable local service numbers from the licensee's telecommunications network to the telecommunications network operated by Optus.

local service means a carriage service that is:

(a) capable of voice telephony; and

(b) provided for receiving incoming calls, wholly or principally, at 1 fixed location where that location is in an area identifiable by the carriage service provider with which the call originates, from the number called and is:

(i) a switching facility; or

(ii) the premises occupied or used by a customer; or

(iii) in the immediate vicinity of the premises occupied or used by a customer.

location dependent carriage service means a carriage service that depends for its provision on the availability of information about the street address of the caller.

metropolitan AMPS site means a base station, located in a metropolitan area, which is used as part of the AMPS network operated by the licensee.

metropolitan area means a designated area described in the Schedule to the Spectrum Re-allocation Declaration No. 2 of 1997.

Minister means the Minister for Communications, Information Technology and the Arts.

non-metropolitan AMPS site means a base station, located in a non-metropolitan area, which is used as part of the AMPS network operated by the licensee.

non-metropolitan area means an area within Australia (other than the Territories of Christmas Island and Cocos (Keeling) Islands) that is not a metropolitan area.

operator assistance service means a service involving the connection of a telephone call by an operator.

operator services means:

(a) services for dealing with faults and service difficulties; and

(b) services of a kind specified in regulations made under the Act.

Optus means Optus Networks Pty Ltd (ACN 008 570 330).

portable local service number means an allocated number that is used in connection with a local service other than a paging service.

priority assistance means those services supplied to priority customers under the priority assistance policy implemented under clause 19.

priority customer means a customer who satisfies the eligibility criteria developed under the objectives in Schedule 4.

public number means a number specified in the numbering plan as mentioned in subsection 455 (3) of the Act.

public payphone means a payphone:

(a) in a public place that is a place where the public usually has access, or usually has access except for particular hours of the day or particular days of the week; or

(b) in a prison, correctional centre, detention centre or similar facility.

PWC Report means the report by PricewaterhouseCoopers to the licensee dated March 2002, on improvements required to the provision of priority service based on an examination of the facts surrounding the maintenance and supply of service to Ms Rose Boulding.

reasonably equivalent services, in relation to the AMPS services provided by a non-metropolitan AMPS site, means services that are reasonably equivalent, having regard to:

(a) the coverage of the services, including coverage in buildings;

(b) the charges to customers for the services;

(d) any other relevant matter.

STS means the standard telephone service supplied by the licensee in fulfilment of its universal service obligation under Part 2 of the Consumer Protection Act.

telephone handset includes other customer equipment that is supplied instead of a telephone handset to comply with the Disability Discrimination Act 1992.

the Act means the Telecommunications Act 1997.

the relevant parties means the Minister, Optus Mobile Pty Ltd (ACN 054 365 696) and Vodafone Network Pty Ltd (ACN 056 161 043).

unlisted number means a public number that is 1 of the following kinds:

(a) a mobile number, unless the customer and the carriage service provider that provides the mobile service to the customer agree that the number will be listed;

(b) a geographic number that the customer and the carriage service provider that provides services for originating or terminating carriage services to the customer agree will not be included in the directory;

(d) a number that when dialled, gives access to a private telephone exchange extension that the customer has requested not be included in the directory.

USO policy statement means the licensee's standard policy statement under section 12K of the Consumer Protection Act as approved by the ACA on 30 October 2001.

USO standard marketing plan means the licensee's standard marketing plan under section 12L of the Consumer Protection Act as approved by the ACA on 30 October 2001.

working day, in a location, means a day that is not a Saturday, Sunday or public holiday in the location.

4 Application

This Declaration applies if a carrier licence is granted to Telstra Corporation Limited in the period starting on 30 June 1997 and ending at the end of 1 July 1997.

5 Industry development plan

The licensee must:

(a) within 90 days after a carrier licence is granted to the licensee:

(i) give a current industry development plan to the Industry Minister; and

(ii) obtain the Industry Minister's approval of the plan; and

(b) comply with clauses 8, 9, 10, 11, 12, 13 and 14 of Schedule 1 to the Act as if the plan was an industry development plan under Part 2 of Schedule 1 to the Act.

6 Compliance

The licensee must comply with its obligations under clauses 7, 8, 9 and 10 to the extent made possible by the information provided by carriage service providers under clause 10 of Schedule 2 to the Act.

7 Operator services

The licensee must make operator services available to the end-users of standard telephone services supplied by the licensee.

8 Directory assistance services

The licensee must make directory assistance services available to the end-users of standard telephone services supplied by the licensee.

9 Alphabetical public number directory

(1) The licensee must produce an alphabetical public number directory:

(a) annually; and

(b) on substantially the same basis as the licensee produced and distributed a directory in 1997; and

(d) subject to subclause (7) -- that includes all customers of carriage service providers supplied with a standard telephone service, regardless of who supplies them with that service.

(2) The licensee must arrange to publish and distribute the directory to its own customers and the customers of other carriage service providers (or the nominees of the customers).

(3) The licensee must not charge a customer of a carriage service provider for 1 standard entry.

(4) A standard entry must include:

(a) a name and address; and

(b) 1 public number that is:

(i) if requested by the customer -- the customer's mobile phone number; or

(ii) the customer's geographic number.

Note The ACA may give written directions to the licensee under section 581 of the Act about complying with this subclause (eg promotion of a customer's choice, if the customer receives multiple services, in the identification of the entry that is to be treated as a standard entry).

(5) The licensee must include in the directory a customer's facsimile number if asked by the customer.

(6) The licensee must provide entries in the directory, and services for not including details of a customer in the directory, for a customer of another carriage service provider on conditions that are no less favourable than for a customer of the licensee.

(7) The licensee must ensure, to the greatest extent practicable, that the directory does not include details of a customer whose number is an unlisted number.

(8) The licensee must ensure, to the greatest extent practicable, that it does not promote the licensee's carriage services or other goods and services unrelated to the directory entry during any contact it has with a customer of another carriage service provider for purposes related to the provision of services in a directory.

(9) The directory must be provided without charge to a customer:

(a) as a book; or

(b) if the customer agrees -- in another form.

Note It is intended to make sure the licensee maintains an updated version of the current White Pages directory and makes it available to its own customers and the customers of other carriage service providers (or the nominees of the customers) on substantially the same basis as the White Pages have been produced and distributed before the licence came into force.

10 Integrated public number database

(1) The licensee must establish and maintain an industry-wide integrated public number database to provide information for purposes connected with the following activities:

(a) providing directory assistance services;

(b) providing operator services or operator assistance services;

(d) providing location dependent carriage services;

(e) the operation of emergency call services or assisting emergency services under Part 12 of the Act;

(f) assisting enforcement agencies or safeguarding national security under Part 14 of the Act;

(g) any other activities specified by the ACA by written notice to the licensee.

Note A public number directory includes classified business directories like the Yellow Pages and specialist trade directories.

(2) The licensee must comply with subclause (1) before:

(a) 1 July 1998; or

(b) if an earlier date is specified by the ACA in the Gazette -- that date.

(3) The licensee may use the database, and any information derived from it, only for the purposes mentioned in subclause (1).

Note The ACA may give written directions to the licensee under section 581 of the Act about complying with this subclause (eg how it will control transfer of information to and from the database and restrictions it will place on access by its employees).

(4) The database must include, for each public number of a customer of each carriage service provider:

(a) the public number; and

(b) the name of the customer; and

(d) the service location, if practicable; and

(e) the name of the carriage service provider that provides:

(i) services for originating or terminating carriage services to the customer; or

(ii) public mobile telecommunications services to the customer; and

(f) whether the telephone is to be used for government, business, charitable or private purposes, if practicable; and

(g) any other information required by the ACA by written notice to the licensee.

(5) The database must show if a telephone number is an unlisted number.

(6) The database must include, for each payphone, its public number and location.

(7) If a carriage service provider asks for access to information from the database, the licensee must give access only for the purpose of helping the provider:

(a) to provide its own directory assistance services; or

(b) to provide its own operator services or operator assistance services; or

(d) to provide its own location dependent carriage services; or

(e) to provide information for the operation of emergency call services or assisting emergency services under Part 12 of the Act; or

(f) to provide information for assisting enforcement agencies or safeguarding national security under Part 14 of the Act; or

(g) to provide services connected with the matters mentioned in paragraphs (a), (b), (c) and (d); or

(h) to undertake any other activities specified by the ACA by written notice to the licensee.

(8) The licensee must give information from the database, about its own customers and customers of other carriage service providers, that is required under subsection 313 (3) or (4) of the Act.

Note Section 314 of the Act deals with conditions that apply when information is given.

(9) Access under subclause (7) is subject to:

(a) conditions:

(i) agreed between the parties; or

(ii) if the parties do not agree -- determined by an arbitrator appointed by the parties; or

(iii) if the parties do not agree on the appointment of an arbitrator -- determined by the ACCC; and

(b) Part 13 of the Act.

(10) For a determination of price or price-related conditions under subparagraph (9) (a) (ii) or (iii), an arbitrator or the ACCC must consider only:

(a) the direct costs (including labour and direct administration costs) incurred by the licensee in complying with subclause (7); and

(b) a reasonable contribution to a normal return on the capital expended in establishing and maintaining the integrated public number database.

(11) A request under subclause (7) may be:

(a) a single request; or

(b) part of a continuing arrangement between the licensee and the provider.

(12) A request under subclause (8) may be:

(a) a single request; or

(b) part of a continuing arrangement between the licensee and the officer or authority that makes the request.

11 Differential charging conditions

(1) If the licensee supplies a rental telephone handset with a standard telephone service, the licensee must differentiate between:

(a) its charge for initial supply of the telephone handset; and

(b) its charge for a connection of the telephone handset at the customer's premises; and

(d) its annual charge for supplying the telephone handset; and

(e) its annual service charge for supplying the standard telephone service.

12 Digital data capability

The licensee must be in a position to make available, within 90 days of a request, a carriage service that provides a digital data capability broadly comparable to that provided by a data channel with a data transmission speed of 64 kilobits per second supplied to end-users as part of the designated basic rate ISDN service:

(a) by 1 July 1997 -- to at least 93.4% of the Australian population; and

(b) by 31 December 1998 -- to at least 96% of the Australian population.

13 Local number portability

(1) Subject to this clause, the licensee must ensure, at its own cost, that its telecommunications network is capable of providing local number portability.

(2) Subject to this clause, the licensee must:

(a) if so requested by Optus; and

(b) as soon as practicable after Optus's request is received;

provide local number portability in relation to portable local service numbers specified by Optus in its request.

(3) The licensee is not required to comply with subclause (2) unless Optus agrees:

(a) to pay the licensee for customer transfer costs on terms and conditions:

(i) agreed between the licensee and Optus by 1 April 1998; or

(ii) failing agreement, determined by the ACCC by 1 May 1998; and

(b) to contribute to the licensee's call conveyancing costs at the level of one cent per call.

(4) Subject to subclauses (5) and (9), the licensee must comply with:

(a) subclause (1) by 1 May 1998 and at all times on and after 1 May 1998; and

(b) subclause (2) at all times on and after 1 May 1998.

(5) The ACA may, by instrument in writing:

(a) determine that it is unreasonable to expect the licensee to comply with subclauses (1) and (2) by the date and times referred to in subclause (4); and

(b) specify a later compliance date and later compliance times for subclause (4).

(6) If the ACA makes a determination under subclause (5), the licensee must comply with subclauses (1) and (2) on such date and times as are specified in the determination.

(7) In determining whether it is unreasonable to expect the licensee to comply with subclauses (1) and (2) by the date and times referred to in subclause (4), the ACA must have regard to whether the licensee's inability to comply is directly or substantially attributable to:

(a) Optus's level of co-operation in the development and implementation of arrangements necessary to provide for local number portability; or

(b) significant events of a technical or engineering nature that the licensee could not have reasonably anticipated.

(8) Subclause (7) is intended to limit the matters to which the ACA may have regard for subclause (5).

(9) The ACA may, by instrument in writing, determine that it is unreasonable to expect the licensee to comply with subclauses (1) and (2) in certain areas currently served by exchanges where, in its opinion, providing local number portability is not technically feasible.

(10) A determination under subclause (9) may be unconditional or subject to such conditions (if any) as are specified in the determination.

(11) For subclause (9), in determining whether it is unreasonable to expect the licensee to comply with subclauses (1) and (2), the ACA may only have regard to whether the licensee's inability to comply is directly attributable to the technical feasibility of providing local number portability from a particular exchange.

14 Cessation of clause 13

If the numbering plan in force from time to time requires the licensee to provide number portability or limited portability (within the meaning of that plan) in relation to portable local service numbers, clause 13 will cease to have effect at the earlier of the time when:

(a) the licensee and Optus agree, in accordance with section 462 of the Act, on the terms and conditions on which the licensee will provide number portability or limited portability in relation to portable local service numbers; or

(b) these terms and conditions are determined under section 462 of the Act by:

(i) an arbitrator appointed by the licensee and Optus; or

(ii) the ACCC.

15 Replacement of AMPS network

(1) Subject to subclauses (2) and (3), the licensee must:

(a) by 31 December 2000:

(i) install and operate an 800 MHz band digital mobile telecommunications network; and

(ii) ensure that it operates in non-metropolitan areas one or more terrestrial digital mobile telecommunications networks (the equivalent networks) which together provide coverage in non-metropolitan areas that is reasonably equivalent to that of its AMPS network that was in place on 30 June 1998; and

(b) cease operation of a particular non-metropolitan AMPS site:

(i) within 90 days of commencing to supply an alternative digital mobile telecommunications service which has a coverage reasonably equivalent to the AMPS services provided by that site; or

(ii) subject to subclause (13), by 31 December 1999;

whichever is later.

Note For the purposes of subclause 15 (1), is intended that any assessment of what constitutes the AMPS network that was in place on 30 June 1998 and what constitutes reasonably equivalent coverage will be primarily informed by the ACA's Report `Investigation of AMPS regional coverage under subsection 510 (3) of the Telecommunications Act 1997' dated June 1998.

(2) Subject to subclauses (4) and (7), the licensee is not required to comply with an obligation under subclause (1) in relation to a particular non-metropolitan AMPS site if the licensee is unable to comply with that obligation in relation to that site because of circumstances beyond its reasonable control.

(3) The licensee is not required to comply with subparagraph (1) (a) (ii) in relation to a particular non-metropolitan area in which another carrier or carriage service provider operates a digital mobile telecommunications network that the ACA has certified in writing provides reasonably equivalent services to the AMPS services provided by a non-metropolitan AMPS site.

(4) By 31 December 1999, the licensee must, subject to subclause (13), cease operation of:

(a) all metropolitan AMPS sites; and

(b) at least 130 non-metropolitan AMPS sites, which sites are to be determined by the licensee.

(5) By 31 December 1998, the licensee must notify the relevant parties of the number and locations of the non-metropolitan AMPS sites that are to cease operation by 31 December 1999.

(6) By 1 October 1999, the licensee must notify the relevant parties of any revision of this number and those locations.

(7) The licensee must ensure that:

(a) the first 50% of non-metropolitan AMPS sites remaining open after 31 December 1999 cease operation by 30 June 2000; and

(b) the remaining 50% of those sites cease operation by 31 December 2000.

(8) By 31 December 1999, the licensee must notify the relevant parties of the number and locations of those non-metropolitan AMPS sites that are to cease operation by 30 June 2000.

(9) By 1 April 2000, the licensee must notify the relevant parties of any revision of this number and those locations.

(10) If the licensee receives notice from another carrier or carriage service provider of its intention to supply alternative digital mobile telecommunications services which the ACA has certified in writing will be reasonably equivalent services to the AMPS services provided by a particular non-metropolitan AMPS site, the licensee must cease operation of that site from either:

(a) the day alternative services which the ACA has certified in writing will be reasonably equivalent to the AMPS services commence; or

(b) 90 days after receipt of the notice;

whichever is later.

(11) If another carrier or carriage service provider commences to supply alternative digital mobile telecommunications services which the ACA has certified in writing will be reasonably equivalent services to the AMPS services provided by a non-metropolitan AMPS site without the licensee having received a notice referred to in subclause (10), the licensee must cease operation of the AMPS site within 90 days of becoming aware that the alternative services have commenced and the other carrier or provider has received an ACA certification.

(12) The licensee must comply with any written determination made by the ACA, following consultation with the licensee, about what constitutes:

(a) coverage reasonably equivalent to that of the licensee's AMPS network that was in place on 30 June 1998;

(b) coverage reasonably equivalent to the AMPS services provided by a non-metropolitan AMPS site; or

(13) After 31 December 1999, the licensee may operate an AMPS site referred to in subparagraph 15 (1) (b) (ii) or subclause 15 (4) for the following periods and purposes only:

(a) from midnight on 31 December 1999 until midnight on 1 January 2000:

(i) for any purpose referred to in paragraph (b); or

(ii) to continue the carriage of calls in progress at midnight on 31 December 1999; and

(b) from midnight on 1 January 2000 until midnight on 7 January 2000:

(i) to provide an emergency call service; or

(ii) to present the recorded voice announcement set out in Schedule 1.

17 Provision of information to CUSPs and aspirant CUSPs

(1) In this clause:

aspirant CUSP means a person that:

(a) is considering applying to the ACA under section 13A of the Consumer Protection Act for approval as a competing universal service provider for a contestable area; and

(b) has completed, signed and provided to the licensee and the ACA a deed poll of a kind specified in Schedule 3.

Consumer Protection Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

contestable area means an area determined under section 9G of the Consumer Protection Act as a universal service area in which a service obligation referred to in section 9 of that Act has been made contestable under section 11C of that Act.

CUSP means competing universal service provider.

disallowable instrument means an instrument that is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

(2) Subject to this clause, the licensee must provide a CUSP or an aspirant CUSP, on request, with the following information for a contestable area which the CUSP or aspirant CUSP has specified in its deed poll:

(a) such information specified in Schedule 2 as is specifically requested by the CUSP or aspirant CUSP in the format specified in that Schedule relating to the specified contestable area; and

(b) any other information requested by the CUSP or aspirant CUSP relating to the contestable universal service area specified in the deed poll that:

(i) is in the possession or control of the licensee by virtue of the licensee being or having been since 1 July 2000 a universal service provider in the area comprising all or part of the specified contestable area; and

(ii) in the case of an aspirant CUSP, would assist the aspirant CUSP to decide whether to enter the identified universal service contestable area as a CUSP; and

(iii) in the case of a CUSP or aspirant CUSP, inform the CUSP or aspirant CUSP about operating as a CUSP in that area.

Note Under subclause (5) a request under paragraph (2) (b) must be reasonable.

(3) The licensee is not required to provide the information referred to in subclause (2) to a CUSP or an aspirant CUSP unless the CUSP or aspirant CUSP provides the licensee and the ACA with a completed and signed copy of:

(a) any deed poll that is determined by the ACA by disallowable instrument from time to time; or

(b) if no deed poll is determined by the ACA under paragraph (a), the deed poll in Schedule 3.

(4) The licensee must provide the CUSP or aspirant CUSP with the information referred to in paragraph (2) (a) free of charge and:

(a) within 28 days after the licensee receives the request for the information; or

(b) if the information is of a kind that the licensee has previously prepared to provide to another CUSP or aspirant CUSP, within 5 days after the licensee receives the request for the information; or

Note For the purposes on this subclause, under subclause (9) the licensee must keep a register of information prepared and provided to CUSPs and aspirant CUSPs pursuant to clause 17 and provide to the ACA a copy of such information as is provided.

(5) Providing the requirements of subclause (3) are met and the request under paragraph (2) (b) is reasonable, the licensee must comply with the request.

Note In the event that the licensee disputed the reasonableness of a request, the reasonableness of the request would be a matter determined by the ACA under its functions under section 6 of the Australian Communications Authority Act 1997 of:

(a) regulating telecommunications in accordance with the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999; and

(b) advising and assisting the telecommunications industry.

(6) Where the licensee provides information under paragraph (2) (a), the licensee may:

(a) require the information to be returned to it after 180 days of its receipt by the CUSP or aspirant CUSP; or

(b) provide for its automatic deactivation after 180 days of its receipt by the CUSP or aspirant CUSP;

unless:

(d) in the case of an aspirant CUSP, before the expiry of the 180 days the aspirant CUSP lodges an application to become a CUSP, in which case the aspirant CUSP may keep the information relevant to the universal service area for which it has sought approval as a CUSP until the ACA approves or refuses to approve the person as a CUSP; or

(e) in the case of an CUSP, the ACA approves the person as a CUSP, in which case the CUSP may keep information relevant to the universal service area for which it has received approval until it ceases to be a CUSP.

(7) The licensee is not exempt from providing the same information to a CUSP or an aspirant CUSP even though the licensee may have provided it to the CUSP or aspirant CUSP previously and the information has been subsequently returned or deactivated.

(8) The licensee must provide the CUSP or aspirant CUSP with the information referred to in paragraph (2) (b) relating to the contestable universal service area specified in the deed poll on such terms and conditions as are:

(a) agreed between the licensee and the CUSP or aspirant CUSP; or

(b) failing agreement, determined by a mediator agreed by both parties; or

(9) The licensee must:

(a) maintain a register of information provided to CUSPs and aspirant CUSPs under this clause;

(b) advise the ACA of information it provides to CUSPs and aspirant CUSPs; and

(c) provide a copy of information provided to CUSPs or aspirant CUSPs to the ACA for the confidential use of the ACA, the Minister for Communications, Information Technology and the Arts and the Department of Communications, Information Technology and the Arts.

18 Obligations in relation to the Extended Zones

(1) In this clause:

Always-on Service has the same meaning as in the Agreement.

Agreement means the agreement entitled `Agreement for the provision of untimed local calls, untimed Internet access and other carrier services to Extended Zones' dated 1 June 2001 between the Commonwealth and the licensee, as amended from time to time.

BPS Service has the same meaning as in the Agreement.

cessation time means the earlier of:

(a) the date of termination of the Agreement, not being a termination for convenience in circumstances where $150 million has been paid to the licensee under the terms of the Agreement; and

(b) the end of 31 May 2011.

Extended Zone has the same meaning as in the Agreement.

Phase 2 of the Network Upgrade has the same meaning as in the Agreement.

(2) Beginning on a date in accordance with the indicative timetable for delivery specified in section 5.3 of Schedule 1 to the Agreement the licensee must:

(a) continue to make available to Extended Zone customers an always-on Internet service in accordance with section 5.1 of Schedule 1 to the Agreement; and

(b) achieve the service levels for the Always-on Service specified in section 5.2 of Schedule 1 to the Agreement.

(3) Beginning on the earlier of:

(a) 15 April 2003; and

(b) the date of completion of Phase 2 of the Network Upgrade under section D of Schedule 1 to the Agreement,

the licensee must provide new service connections in the Extended Zones in accordance with section 6.1 (a) (i) of Schedule 1 to the Agreement.

(4) The licensee must continue to support and resource or, where applicable, provide the customer support services referred to in sections 7.1 (a) and 7.1 (c) (vi) of Schedule 1 to the Agreement.

(5) Beginning on 31 December 2002 the licensee must make available the customer support services referred to in sections 7.1 (b) and 7.1 (c) (i) to (v) of Schedule 1 to the Agreement.

(6) Beginning on the date of completion of Phase 2 of the Network Upgrade in an Extended Zone customer's area under section D of Schedule 1 to the Agreement, the licensee must provide to customers in that area the faster dial-up data access speeds services referred to in section 9.1 of Schedule 1 to the Agreement in accordance with the timeframe and conditions referred to in that section.

(7) Once the licensee has made the BPS available to customers in an Extended Zone in accordance with section 5.3 of Schedule 1 to the Agreement, the licensee must, subject to the necessary software being available, offer to those customers in that Extended Zone who subscribe to the BPS Service the content development and education services referred to in sections 10.1 (a) and (c) of that Schedule.

(8) Beginning on 1 July 2002 the licensee must make available to Extended Zone customers who subscribe to the BPS Service the video conferencing services referred to in section 11.1 of Schedule 1 to the Agreement.

(9) The licensee must provide reports in accordance with clause 14 and Schedule 6 to the Agreement.

(10) The licensee must include the information specified in clause 14.2 (a) (2) of the Agreement in:

(a) the Telstra Public Switched Telephone Service (PSTS) Section of the document known as the Telstra Standard Form of Agreement as in force or existing from time to time; or

(b) individual agreements with customers in the Extended Zones.

(11) Once the licensee has completed Phase 2 of the Network Upgrade in an Extended Zone in accordance with section D of Schedule 1 to the Agreement the licensee must, in that Extended Zone, achieve the service levels referred to in section 17.3 (b) (iii) of that Schedule.

(12) The obligations in relation to the Extended Zones provided for in this clause end at the cessation time.

(13) The obligations of the licensee provided for in this clause are subject to:

(a) clause 7 of the Agreement; and

(b) any amendments to those obligations agreed between the Commonwealth and the licensee.

19 Priority assistance arrangements

(1) In this clause, clauses 20 and 21 and Schedule 4, and the definitions
of alternative service, interim priority service, and priority customer in clause 3:

customer means:

(a) a customer of the licensee; or

(b) a person who requests, or has requested, the connection of a STS from the licensee, and to whom the licensee has an obligation to provide a STS or is willing to provide a STS;

but does not include a carrier or a carriage service provider.

(2) Subject to this clause, the licensee must implement arrangements for maximising service continuity to priority customers. As part of these arrangements the licensee must:

(a) develop, implement and maintain a documented priority assistance policy; and

(b) develop, implement and maintain processes, systems and practices to ensure that priority customers can be identified and provided with priority assistance in accordance with the licensee's priority assistance policy.

(3) In developing a priority assistance policy for priority customers under subclause (2) the licensee must:

(a) consult with the Department of Communications, Information Technology and the Arts and the ACA; and

(b) ensure that the priority assistance policy adequately addresses all of the objectives set out in Schedule 4; and

(c) review the licensee's other relevant policies and systems including its Community, Essential and Emergency Service Policy, to ensure that they are consistent with the priority assistance policy.

Note The licensee's Community, Essential and Emergency Service Policy is a draft internal Telstra document, Policy 008 737, January 2002.

(4) The licensee must:

(a) subject to paragraph (b), submit a final draft of its priority assistance policy to the Minister for approval by 29 May 2002, and at the same time provide separately:

(i) information on the timeframes for implementing all elements of the priority assistance policy; and

(ii) information on the processes, systems and practices it will put in place to effectively implement and maintain performance under that policy; and

(iii) information as to when all relevant fault assurance staff and service connection staff will be advised of and trained in the application of the policy; and

(b) if the licensee is unable to submit a final draft of its priority assistance policy by 29 May 2002 in accordance with paragraph (a), it must submit an incomplete draft and:

(i) provide precise details of the actions which are being taken to finalise the draft including the expected date for submission of a final draft; and

(ii) provide information on interim arrangements which are in place and are reasonably expected to maximise service continuity to priority customers; and

(c) have in place workable arrangements designed to give practical effect to the priority assistance policy by 31 July 2002; and

(d) ensure that full implementation of all requirements of the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 2002), including any necessary systems upgrades or replacement, will be finalised as soon as practicable after 31 July 2002 and in any event no later than 31 March 2003.

(5) The licensee must provide information to the ACA on 28 June 2002 and 27 September 2002, or another date or dates to be determined by the ACA, on progress with implementation of the priority assistance policy and the requirements of the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 2002).

(6) The licensee must receive approval from the Minister of its priority assistance policy before it will be taken to have complied with the obligation in paragraph (2) (a), but may implement its policy prior to approval being received. The Minister may, by written notice:

(a) require the licensee to make changes to that policy prior to giving his approval; or

(b) require the licensee to make changes to the timeframes for implementing that policy.

(7) If a priority assistance policy of the licensee has been approved by the Minister the policy may be varied from time to time by:

(a) the licensee providing the Minister with a draft variation to the policy and the Minister or his delegate approving that variation; or

(b) the Minister giving the licensee a written notice requiring the licensee within a specified period and in specified terms to provide the Minister with a draft variation to the policy and the Minister or his delegate approving that variation.

Note It is intended that variations of a substantial policy nature require the approval of the Minister. Corrections of a minor administrative or typographical nature can be made by the licensee without approval of the Minister but should be recorded and notified to the ACA.

(8) The licensee must comply with a written notice that is given to it under paragraph (6) (a), (6) (b) or 7 (b).

(9) After receiving approval for all parts of the priority assistance policy from the Minister, the licensee must:

(a) provide a draft variation of its USO policy statement and USO standard marketing plan to the ACA for approval as the licensee's approved USO policy statement and approved USO standard marketing plan under section 12W of the Consumer Protection Act; and

(b) ensure that each of the draft variations under paragraph (a) includes a brief statement accurately summarising the licensee's obligations under the final priority assistance policy and describing any relationship between the priority assistance policy and other elements of the USO standard marketing plan and that the USO standard marketing plan includes as an appendix a copy of the final priority assistance policy; and

(10) The licensee must, in conjunction with the ACA, develop a record keeping and reporting regime in relation to priority service arrangements and provide information to the ACA on a quarterly basis, or such other times as notified to the licensee by the ACA, including:

(a) the number of applications for registration as priority customers received; and

(b) the proportion of applications accepted; and

(c) the proportion of rejected applications successfully appealed by the customer within Telstra and to the Telecommunication Industry Ombudsman; and

(d) the number of customers levied a cost recovery charge after failing to meet the eligibility criteria; and

(e) the number of requests for priority assistance connections in urban, rural and remote areas; and

(f) the proportion of requests for priority assistance connections in urban, rural and remote areas meeting the priority assistance policy service connection fulfilment objectives; and

(g) the number of requests for priority assistance service restoration in urban, rural and remote areas; and

(h) the proportion of requests for priority assistance service restorations in urban, rural and remote areas meeting the priority assistance policy service restoration objectives; and

(i) the proportion of requests for priority assistance satisfied with interim or alternative services (connections and restorations); and

(j) the number of priority customers experiencing 2 or more faults in a 3 month period during which they were a priority customer.

(11) In the period before the licensee has implemented its priority assistance policy fully, the licensee must put in place interim arrangements reasonably expected to maximise service continuity to known priority customers.

20 Licensee's Processes and Systems

(1) Subject to this clause, the licensee must undertake a review of its processes and systems to enhance decision-making, service provision and communications in relation to priority customers and in doing so must take into account and respond to all recommendations on processes and systems arising from the PWC Report and the ACA's Boulding Report.

(2) The licensee must, as soon as practicable, but not longer than one month from the date of effect of this clause, provide a comprehensive report to the Minister on the findings of the review under subclause (1) (including a copy of the review), any recommendations made, the licensee's proposed response to these recommendations and the proposed timelines for implementing these responses.

(3) The licensee must provide further reports to the ACA on 28 June 2002 and 27 September 2002, or another date or dates to be determined by the ACA, on progress with implementation of its response to the recommendations of the review under subclause (1).

21 Exemptions from the Customer Service Guarantee

(1) In this clause:

CSG Standard means the Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2) made under sections 115, 117, 120 and 125 (3) (a) of the Consumer Protection Act.

(2) The licensee may not rely on an exemption under subsection 22 (1) of the CSG Standard from complying with a performance standard under Part 2 of the CSG Standard with which a carriage service provider must comply unless:

(a) in the case where notice of the exemption is issued under section 23 of the CSG Standard, the notification described under subsection 23 (2) of the CSG Standard is posted to each customer to whom the exemption relates in the shortest possible time, but in any event no later than 4 working days after the day on which the exemption takes effect; or

(b) in the case where notice of the exemption is issued under section 24 of the CSG Standard:

(i) the notification referred to in paragraph 24 (1) (a) of the CSG Standard is published in the shortest possible time, but in any event the request for the notice to be published must be sent to a relevant newspaper publisher no later than 4 working days after the day on which the exemption takes effect; and

(ii) the notification described under paragraphs 24 (1) (b) and (c) of the CSG Standard is provided and published, respectively, in the shortest possible time, but in any event no later than 3 working days after the day on which the exemption takes effect.

(3) Where the licensee proposes to rely on an exemption under subsection 22 (1) of the CSG Standard from complying with a performance standard under Part 2 of the CSG Standard with which a carriage service provider must comply, the licensee must ensure that:

(a) any information provided to the ACA, the Telecommunications Industry Ombudsman and affected customers in relation to an outage, includes a precise description of the number ranges and geographic area affected and the reason for the outage; and

(b) any affected priority customers which contact the licensee are advised of any exemptions in place which apply to their phone service on contacting the licensee; and

(c) the exemption under subsection 22 (1) of the CSG Standard is only issued for areas that are affected by the cause of the outages or affected by the need to move staff or equipment from another associated area to attend the outage.

Note Unless otherwise specified, this clause applies to the use of exemptions from the CSG Standard for all customers of the licensee and is not limited to priority customers.

22 Low-income measures

(1) By 1 July 2002, the licensee must offer, or have a plan for offering, products and arrangements to low-income customers (the low-income package) that has been:

(a) endorsed by low-income consumer advocacy groups; and

(b) notified in writing to the ACA.

(2) The low-income package must include details of the dates by which products or arrangements not offered to low-income customers from 1 July 2002 will be offered to such customers.

(3) The licensee must comply with the low-income package as in force or existing from time to time.

(4) The licensee must maintain and adequately resource a Low-income Measures Assessment Committee (LIMAC), comprising representatives of such organisations as are approved by the Minister in writing from time to time.

(5) The role of LIMAC will be:

(a) to assess proposed changes to the low-income package or to the marketing plan for the low-income package; and

(b) to report annually to the Minister on the effectiveness of the low-income package and of its marketing by the licensee.

(6) From 1 July 2002, the licensee must have in place a marketing plan for making low-income consumers aware of the low-income package, being a plan that has been approved by LIMAC.

(7) The licensee must seek and consider the views of LIMAC before it makes any significant change to the low-income package.

Note It is intended that the licensee may make minor non-substantive changes to the low-income package (such as minor editorial or typographical corrections) without having to seek and consider the views of LIMAC. LIMAC is to be consulted on other proposed changes to the low-income package.

(8) If the licensee makes a significant change to the low-income package, the licensee must give the ACA a revised version of the package incorporating the change.

23 Obligations in relation to the provision of mobile phone services to towns with populations over 500

(1) In this clause:

Actual Acceptance Date has the same meaning as in the Agreement.

Agreement means the Deed of Agreement dated 3 April 2002, as amended from time to time, between the Commonwealth and the licensee in relation to the provision of funding for mobile phone coverage in Designated Towns with populations over 500.

Coverage has the same meaning as in the Agreement.

Designated Town has the same meaning as in the Agreement.

Operational Coverage Map has the same meaning as in the Agreement.

Roaming has the same meaning as in the Agreement.

Services has the same meaning as in the Agreement.

(2) In this clause, a reference to the date on which the Services come into operation is a reference to the date on which the acceptance of the Services is completed as specified in item 2.11 of Schedule 1 of the Agreement.

(3) On or after the date on which the Services come into operation in each Designated Town, the licensee must:

(a) provide mobile telephone services to each Designated Town; and

(b) ensure that the area of Coverage in public coverage maps issued by the licensee after the provision of the Operational Coverage Maps is at least equal to the coverage shown in the Operational Coverage Maps; and

(c) provide Coverage in accordance with Schedule 1 of the Agreement and the area shown in the Operational Coverage Maps; and

(d) provide for complaints handling and reports on complaints handling as provided for in Item 2.12 of Schedule 1 of the Agreement and Item 1.1 (c) (iv) of Schedule 7 of the Agreement.

(4) On or after the Actual Acceptance Date, the licensee must, in relation to each Designated Town:

(a) make offers of Roaming (where applicable) as provided for in Item 2.8 of Schedule 1 of the Agreement; and

(b) maintain and upgrade service levels to the same standard that is generally available to the rest of the licensee's network; and

(d) provide continued opportunities for Australian and New Zealand suppliers under the conditions that apply to the Agreement; and

(e) provide the reports specified in Item 4 of Schedule 7 of the Agreement.

(5) Paragraph (3) (a) will continue, subject to applicable legislation:

(a) for a period of 5 years; and

(b) for a further period of 5 years unless the Commonwealth agrees (with the Commonwealth not to unreasonably withhold its consent) that external technological and/or regulatory changes make it commercially impracticable or unviable for the licensee to provide the Services in a Designated Town or which otherwise require the licensee to review the method by which mobile telephone coverage is provided in the Designated Town.

(6) Paragraphs (3) (b), (3) (c), (3) (d) and subclause (4) will continue until the date that is 5 years from the Actual Acceptance Date.

(7) The obligations of the licensee under this clause are subject to:

(a) clause 7 of the Agreement; and

(b) any amendments to those obligations agreed between the Commonwealth and the licensee.

24 Network Reliability Framework -- Definitions

In this clause and in clauses 25, 26 and 27:

ACA's Report on USO Service Reliability means the report of the ACA entitled ACA monitoring and reporting framework for USO service reliability that was released publicly on 16 July 2002.

CSG service has the same meaning as in the Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2) when provided to a customer of the licensee but does not include a service the supply of which by the licensee is exempt from compliance with performance standards under section 19 of that Standard.

customer means a customer of the licensee but does not include a carrier or a carriage service provider.

ESA means a Telstra Exchange Service Area specified in Attachment 7A to the Telstra Public Switched Telephone Service (PSTS) Section of the document known as the Telstra Standard Form of Agreement as in force or existing from time to time.

fault or service difficulty, in relation to a CSG service, has the same meaning as in the Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2).

FSA means:

(a) an area that the licensee treated as a Field Service Area as at 21 November 2002; or

(b) another area as agreed in writing between the licensee and the ACA from time to time.

geographical locator, in relation to:

(a) a CSG service, means the location of the service in the licensee's database sufficient to direct service staff of the licensee to the location of the service; and

(b) an ESA, means the ESA-code.

quarter means a period of 3 months ending on 30 September, 31 December, 31 March or 30 June.

remediation means work done in relation to a CSG service over and above that normally undertaken to repair a fault or service difficulty with a view to:

(a) addressing systemic problems with the CSG service (for example, the root cause of recurrent problems) and improving the overall reliability of the CSG service; and

(b) eliminating recurrent faults or service difficulties.

25 Monitoring and reporting at the Field Service Area (FSA) level

(1) The licensee must, within 10 working days of the end of each calendar month, or such other timeframe as the ACA agrees in writing, provide a report and supporting data to the ACA on:

(a) the percentage of CSG services in each FSA and nationally without any faults or service difficulties for the preceding calendar month; and

(b) the average availability of CSG services, as a percentage of total possible available time, in each FSA and nationally for the preceding calendar month.

(2) The licensee must:

(a) publish the information mentioned in subclause (1) within 20 working days of the end of each calendar month or such other timeframe as the ACA agrees in writing; and

(b) provide the information mentioned in subclause (1) to the ACA for publication by the ACA if the ACA wishes to do so.

(3) The licensee must implement procedures to enable compliance with this clause as soon as practicable but in any event no later than 1 January 2003. The licensee's first report under this clause must cover the month of January 2003.

Note The monitoring, remediation and reporting requirements in relation to FSAs are based on section 5.5.1 of the ACA's Report on USO Service Reliability.

26 Monitoring, remediation and reporting at the Exchange Service Area (ESA) level

(1) The licensee must, within 15 working days of the end of each calendar month, or such other timeframe as the ACA agrees in writing, provide the ACA with the following information in relation to the licensee's performance within that calendar month:

(a) the name of each ESA in which `x' CSG services had at least 1 fault or service difficulty in each of the 2 preceding calendar months; and

(b) the number of CSG services in operation in the ESA on the first day of the calendar month; and

(d) the name of the FSA in which the ESA lies; and

(e) the number of CSG services that experienced at least 1 fault or service difficulty in each of the 2 preceding calendar months in each ESA identified in paragraph (a); and

(f) unless the ACA otherwise agrees in writing:

(i) the telephone number, or such other unique identifier as the ACA agrees in writing, for each CSG service that has experienced at least 1 fault or service difficulty in each of the 2 preceding calendar months in each ESA identified under paragraph (a); and

(ii) the nature of the faults or service difficulties and the dates on which they were reported; and

(iii) any remediation action taken to date; and

(iv) any proposed remediation action.

(2) For the purposes of subclause (1), `x' has the following value:

(a) where the ESA has 1 to 100 CSG services -- 2 or more;

(b) where the ESA has 101 to 1,000 CSG services -- 3 or more;

(d) where the ESA has 10,001 or more CSG services -- 5 or more.

(3) The licensee must provide the ACA with such further information as the ACA requests, in writing, within 15 working days of the ACA's request or such other timeframe as the ACA agrees in writing.

(4) Where the ACA, after consultation with the licensee, notifies the licensee in writing of the reasons why the licensee should undertake remediation action to reduce the occurrence of faults or service difficulties in all or part of that ESA, the licensee must provide to the ACA within 20 working days, or such other timeframe as the ACA agrees in writing, a plan, including timeframes, for the remediation of the ESA or part of the ESA in accordance with the ACA's notice.

(5) Where the licensee provides the ACA with a remediation plan under subclause (4), the licensee must demonstrate to the ACA's satisfaction that all remediation work has been completed as specified in the plan and within the timeframe specified in the plan or such other timeframe as the ACA agrees in writing.

(6) The licensee must report to the ACA within 15 working days after the end of each quarter, or within such other timeframe as the ACA agrees in writing, on the subsequent occurrence of faults or service difficulties in relation to each ESA or part of an ESA that is remedied under this clause for 12 months from the date the remediation was completed or such other period as the ACA agrees in writing.

(7) The ACA, following consultation with the licensee, may give the licensee a written request to give the ACA a further report on the matters mentioned in subclause (6) for an additional period not exceeding 12 months.

(8) The licensee must comply with a request under subclause (7).

(9) The licensee must provide information to the ACA each quarter, or within such other timeframe as the ACA agrees in writing, for publication by the ACA at its discretion (taking into account any views of the licensee concerning the publication of the information) where the remediation action proposed by the licensee under subclause (4) in relation to the ESA or part of an ESA has not been undertaken in accordance with the proposal or within the timeframe specified in the proposal.

(10) The licensee must implement procedures to enable compliance with this clause as soon as practicable but in any event no later than 1 January 2003. The licensee's first report to the ACA under this clause must cover the months of January and February 2003.

Note The monitoring, remediation and reporting requirements in relation to ESAs are based on sections 5.5.2 and 5.6 of the ACA's Report on USO Service Reliability.

27 Monitoring, prevention, remediation and reporting at the CSG service level

(1) The licensee must take such reasonable action as is necessary to prevent a CSG service from experiencing more than 3 faults or service difficulties in a rolling 60 calendar day period.

(2) The licensee must take such reasonable action as is necessary to prevent a CSG service from experiencing more than 4 faults or service difficulties in a rolling 365 calendar day period.

(3) In a case where a CSG service experiences more than 3 faults or service difficulties in a rolling 60 calendar day period or more than 4 faults or service difficulties in a rolling 365 calendar day period, the licensee must investigate the performance of the CSG service and undertake such remediation of the service as is necessary.

(4) In a case where a CSG service experiences more than 3 faults or service difficulties in a rolling 60 calendar day period or more than 4 faults or service difficulties in a rolling 365 calendar day period, the licensee must report the matter to the ACA within 15 working days after the contravention has occurred, or such other timeframe as the ACA agrees in writing, providing the following details:

(a) the telephone number, or such other unique identifier as the ACA agrees in writing, of the CSG service; and

(b) the geographical locator of the CSG service; and

(d) the history of faults or service difficulties in relation to the CSG service over the 12 months prior to the end of the relevant period; and

(e) any action taken by the licensee to prevent the occurrence of the faults or service difficulties; and

(f) the licensee's conclusion as to the underlying cause of the faults or service difficulties, and the licensee's reasons for reaching this conclusion; and

(g) such results as are available at the reporting date of the licensee's investigation under subclause (3); and

(h) any action taken by the licensee to remedy the faults or service difficulties concerned; and

(i) the action the licensee proposes to take to remedy the CSG service; and

(j) the proposed timeframe for remediation of the CSG service and supporting reasons for the timeframe specified.

Note The information that the licensee is to provide under this subclause is not limited to information specific to the access line on which the fault or service difficulty occurs, but may include information on other parts of the network that may cause faults or service difficulties on that access line if the ACA, following consultation with the licensee, considers that that information is relevant.

(5) The ACA may request the licensee, in writing, to give the ACA, within 15 working days, or such other timeframe as the ACA agrees in writing, further information about the report.

(6) After considering the licensee's proposed remediation action under paragraphs (4) (i) and (j), the ACA may agree, or refuse to agree, to the action.

(7) If the ACA neither agrees, nor refuses to agree, to the proposed remediation action before whichever of the following periods is applicable:

(a) if the ACA did not give a request under subclause (5) in relation to the proposed remediation action -- the period of 10 working days after the day on which the ACA received the licensee's report under subclause (4);

(b) if the ACA gave a request under subclause (5) in relation to the proposed remediation action -- the period of 10 working days after the day on which the request was complied with;

the ACA is taken, at the end of that period, to have agreed to the proposed remediation action.

(8) If the ACA refuses to agree to the proposed remediation action, the ACA must give written notice of the refusal to the licensee, together with the ACA's reasons for the refusal.

(9) If the ACA notifies the licensee under subclause (8), the licensee must:

(a) review the proposed remediation action with a view to addressing the ACA's concerns; and

(b) submit a revised proposal for remediation to the ACA within 10 working days after receiving the ACA's notice under subclause (8), or such other timeframe as the ACA agrees in writing.

(10) If the licensee submits a revised proposal as mentioned in paragraph (9) (b), subclauses (6), (7) and (8) apply to the revised proposal in the same way as they apply to the original proposal for remediation action.

(11) The licensee must complete the remediation to which the ACA has agreed, or to which the ACA is taken to have agreed under subclause (7), and demonstrate to the ACA's satisfaction that the agreed remediation has been completed within the timeframes specified in the agreed remediation plan or such other timeframes as the ACA agrees in writing.

(12) Within 15 working days after the end of each quarter, or within such other timeframe as the ACA agrees in writing, the licensee must provide information to the ACA under this clause for publication by the ACA at its discretion (taking into account any views of the licensee concerning publication of the information) where the remediation action to which the ACA has agreed, or to which the ACA is taken to have agreed under subclause (7), has not been undertaken within the agreed timeframe.

(13) Within 15 working days after the end of each quarter, or within such other timeframe as the ACA agrees in writing, the licensee must report to the ACA on the subsequent occurrence of all faults or service difficulties in relation to each CSG service that is remedied under this clause for 12 months subsequent to the remediation action being undertaken, or such other period as the ACA agrees in writing.

(14) The ACA, following consultation with the licensee, may give the licensee a written request to give the ACA a further report on the matters mentioned in subclause (13) for an additional period not exceeding 12 months.

(15) The licensee must comply with a request under subclause (14).

(16) The licensee must implement procedures to enable compliance with this clause as soon as practicable but in any event by no later than 1 January 2003.

Note The monitoring, prevention, remediation and reporting requirements in relation to CSG services are based on sections 5.5.3 and 5.6 of the ACA's Report on USO Service Reliability.

28 Methodologies

The licensee must develop the methodologies for preparing and verifying data for the purposes of clauses 25, 26 and 27 in consultation with the ACA.

29 Obligations in relation to the provision of mobile phone coverage in selected population centres

(1) In this clause:

Actual Acceptance Date has the same meaning as in the Agreement.

Agreement means the Deed of Agreement dated 11 July 2002, as amended from time to time, between the Commonwealth and the licensee in relation to the provision of funding under the regional mobile phone program for mobile phone coverage in selected population centres.