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Proposal to remake the Telecommunications Numbering Plan Consultation paper OCTOBER 2014

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Proposal to remake the Telecommunications Numbering Plan Consultation paperOCTOBER 2014

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CanberraRed Building Benjamin OfficesChan Street Belconnen ACT

PO Box 78Belconnen ACT 2616

T +61 2 6219 5555F +61 2 6219 5353

MelbourneLevel 32 Melbourne Central Tower360 Elizabeth Street Melbourne VIC

PO Box 13112Law Courts Melbourne VIC 8010

T +61 3 9963 6800F +61 3 9963 6899

SydneyLevel 5 The Bay Centre65 Pirrama Road Pyrmont NSW

PO Box Q500Queen Victoria Building NSW 1230

T +61 2 9334 7700 1800 226 667F +61 2 9334 7799

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1. Overview1.1 Introduction 41.2 Regulatory framework 51.3 The proposed changes 6

2. The draft Numbering Plan 20152.1 Re-making of the Numbering Plan and consolidation of

associated numbering instruments 82.2 Removing discretionary decision-making for number

transactions 92.3 Moving from an auction to an over-the-counter allocation

process for smartnumbers® 122.4 Simplifying the language and applying best-practice

legislative drafting 132.5 Implementing minor amendments from the Numbering

Work Program 15

3. Additional issues for commentAppendix A 22

Invitation to commentMaking a submission 24

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1. Overview1.1 IntroductionThis consultation paper seeks comment on the proposal to remake the Telecommunications Numbering Plan 1997 (the Numbering Plan).

Under the Telecommunications Act 1997 Act (the Act), the ACMA must make a plan for the numbering of carriage services in Australia and the use of numbers in connection with the supply of such services.

Before making a numbering plan, the ACMA must invite interested persons to give written comments about the draft to the ACMA within 90 days after the publication of a notice in a newspaper circulating in each state (section 460 of the Act).

Under Part 6 of the Legislative Instruments Act 2003, most legislative instruments ‘sunset’ (that is, they are automatically repealed) on the 1 April or 1 October that first occurs 10 years after they are registered on the Federal Register of Legislative Instruments (FRLI). The ACMA is required to address the impending sunsetting of key numbering instruments, including the Numbering Plan, before the first sunset date of 1 April 2015.

The ACMA is proposing to remake the Numbering Plan because it believes that, subject to the key changes proposed in this consultation paper, the instrument is operating efficiently and effectively. While substantial structural changes are being proposed, the content of the draft Numbering Plan 2015 largely replicates the existing instrument.

The key proposed changes to the Numbering Plan are:> removing most of the discretionary decision-making, where possible, relating to the

allocation, transfer and surrender of most number types to enable automation of these processes

> moving from an auction to an over-the-counter allocation process for smartnumbers®.

Between 2010 and 2012, the ACMA examined a wide range of issues related to the regulatory framework for telephone numbers that emerged as a result of deep changes in industry structures, service offers and consumer behaviour. This work is known as the Numbering Work Program. The aim of the Numbering Work Program was to identify what, if any, changes were needed to enable flexible, efficient and effective numbering arrangements for the future communications environment.

One outcome of the Numbering Work Program was that the ACMA examined alternatives for the sustainable provision of numbering services in the long term. The ACMA found it would be timely to test the market for the provision of a system dealing with an expanded range of numbering services than that currently provided under delegation by an external provider.

The ACMA conducted a Request for Tender to identify a provider and, on 12 September 2014, awarded ZOAK Solutions Pty Ltd the contract to provide allocation and administrative services for most of Australia’s telephone numbers from August 2015.1

1 ZOAK Solutions will deliver allocation and administration services for all number types specified in the numbering plan except for emergency service numbers, telex numbers and international signalling point codes as a delegate of the ACMA.

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To support this arrangement, the ACMA has identified that changes to the Numbering Plan are required to streamline the number allocation process and allow for the automation of decision-making.

The Numbering Plan is a lengthy legislative instrument, which has been amended on numerous occasions since it was originally made in 1997. In the course of consultation on the Numbering Work Program, stakeholders identified that the Numbering Plan was unnecessarily complex and confusing.

The draft Telecommunications Numbering Plan 2015 (the draft Numbering Plan 2015) incorporates substantive structural changes that streamline the instrument to make numbering arrangements clearer for consumers and providers. The changes reduce the overall length of the document from 280 pages to approximately 110 pages (excluding transitional provisions). This approach is consistent with the ACMA’s and stakeholders’ joint vision of evolving the Numbering Plan to a principles-based document over time.

The ACMA expects that numbering arrangements will continue to evolve. Remaking the Numbering Plan at this time does not preclude the ACMA revisiting matters in the future. The ACMA has identified matters (for example, the objects of the draft Numbering Plan 2015) that will benefit from future consideration.

1.2 Regulatory frameworkThe Numbering Plan sets out the framework for the numbering of carriage services in Australia and the use of numbers in connection with the supply of these services. It specifies the rules for the allocation, transfer, surrender, portability and use of different types of numbers in connection with carriage services.

The rights and responsibilities pertaining to numbers are spread across a wide range of legislation and regulatory instruments. Industry codes and guidelines and the contractual arrangements between parties also affect how numbers are managed.

The overall complexity of the numbering arrangements hinders understanding of the requirements and compliance by carriers and carriage service providers (CSPs) and increases the potential for subsequent enforcement action by the ACMA.

1.3 The proposed changesThe proposed changes to the Numbering Plan streamline the document to make numbering arrangements clearer, easier to understand and more accessible for industry and consumers.

In summary, the ACMA is proposing the following changes: 1. Re-making the Numbering Plan and consolidating associated numbering

instruments. The operative provisions of these associated instruments, together with the Numbering Plan, must continue until ZOAK Solutions commences service delivery on 1 August 2015.

2. Removing discretionary decision-making for number transactions, where possible, for most types of numbers. This will enable automation of the processes for allocation, transfer and surrender of numbers.

3. Moving from an auction to an over-the-counter allocation process for smartnumbers®.

4. Simplifying the language and applying best practice legislative drafting. Consequential amendments have been made to simplify the language, remove redundant provisions, clarify the existing rules and improve the internal consistency of the Numbering Plan.

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5. Implementing minor amendments from the Numbering Work Program.

The proposed changes are discussed in more detail in Chapter 2 of this consultation paper.

In addition, Chapter 3 of this paper lists a series of additional numbering administration issues identified by the ACMA as part of the drafting process, upon which the ACMA invites specific comment.

Related matters that are not part of this consultationNumber portabilityLimited changes have been made to the number portability provisions in the draft Numbering Plan 2015 as the ACMA can only include portability provisions at the direction of the Australian Competition and Consumer Commission (ACCC). The ACCC gave a number of directions after the commencement of the Numbering Plan. The draft Numbering Plan 2015 therefore includes minor changes to improve the readability of the portability provisions; it does not canvass any changes to the way the portability provisions operate.

Charges determinations The ACMA will need to set charges for the over-the-counter allocation of smartnumbers® and allocation of other number types. The ACMA will consult on the proposed changes before commencement of the new arrangements in August 2015.

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2. The draft Numbering Plan 2015

2.1 Re-making of the Numbering Plan and consolidation of associated numbering instruments

Under Part 6 of the Legislative Instruments Act 2003, most legislative instruments ‘sunset’ (that is, they are automatically repealed) on the 1 April or 1 October that first occurs 10 years after they are registered on FRLI. This is an automatic process applying to most legislative instruments regardless of their particular content.

The Numbering Plan and three associated instruments are due to sunset in 2015. Table 1 describes the relevant instruments.

Table 1 Numbering Plan and associated instruments due to sunset in 2015

Instrument Sunset dates DescriptionTelecommunications Numbering Plan 1997

1 October 2015 The Numbering Plan sets out the rules for the allocation, transfer, surrender, portability and use of different types of numbers in connection with carriage services.

Telecommunications Numbering Plan Declaration 2000

1 April 2015

Together, these declarations set out what freephone, local rate and premium numbers may be allocated.Telecommunications

Numbering Plan Declaration 2004

1 April 2015

Telecommunications (Freephone and Local Rate Numbers) Directions 2004 (No. 1)

1 October 2015 This direction allows the ACMA to set out which freephone and local rate numbers are available to be allocated by administrative allocation (leaving the other declared freephone and local rate numbers available to be allocated by auction).

Reflecting feedback from stakeholders, the ACMA has formed the preliminary view that each of these instruments is operating effectively and efficiently and, as such, continues to form a necessary and useful part of the legislative framework.

As part of the remaking of the Numbering Plan, the ACMA proposes to incorporate the provisions of the two declarations (which will sunset on 1 April 2015) into the re-made Numbering Plan. Before 1 August 2015 (the date from which ZOAK Solutions will commence provision of numbering allocation and administrative services), the transitional and commencement provisions in the new Numbering Plan will ensure that the declarations continue in effect as if they have not been repealed.2 After 1 August 2015, the new arrangements will take effect in the remade Numbering Plan.

Because the Telecommunications (Freephone and Local Rate Numbers) Directions 2004 (No. 1) is made under a separate statutory provision under the Act, its provisions are unable to be incorporated in the new Numbering Plan. The directions will continue in effect until 1 October 2015 and will cease to have effect when ZOAK Solutions

2 These transitional and commencement provisions are technical in nature, and have not been included as part of the draft Numbering Plan 2015 published for consultation.

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commences service provision on 1 August 2015 (after which smartnumbers® will no longer be allocated by auction). The Telecommunications (Freephone and Local Rate Numbers) Allocation Determination 2007 (No. 1) (FLRN Allocation Determination), which sets the rules for allocation of smartnumbers® by auction, will also be revoked at this time.

Public consultation on the proposed changes and consolidation of the associated instruments must be undertaken in time for the re-making of the Numbering Plan before the earliest sunset date (1 April 2015).

2.2 Removing discretionary decision-making for number transactions

The rules for the use of numbers in the current Numbering Plan are fragmented across number types, apply subjective criteria and require unnecessary discretionary decision-making. As a result, the administrative decision-making processes are inefficient and inconsistent across number types.

For example, numbers are allocated in three different ways, depending on the type of number: > administratively by the ACMA using a mix of manual and automated processes

(geographic, mobile and other numbers)> allocated following auction using an automated process (smartnumbers®)> administratively allocated by the ACMA’s current delegate, Industry Number

Management Services Ltd (INMS), using predominately automated processes (freephone, local rate and premium rate numbers).

The decision-making provisions that apply to numbers allocated administratively by the ACMA are routine in nature and are exercised in response to requests from carriers and CSPs.

Every numbering application requires ACMA staff to consider a range of matters before deciding whether to approve the application. Approval of an application for allocation of telephone numbers is made in accordance with the rules set out in the Numbering Plan and relevant numbering policy documents and includes consideration of:> whether the applicant is entitled to the numbers> whether the quantity of numbers requested is reasonable> the types of services to be provided using the requested numbers.

The draft Numbering Plan 2015 is designed to simplify the rules that apply to allocation, transfer and surrender to remove discretionary decision-making processes and allow for automation. This is consistent with the arrangements used by the ACMA’s current delegate, INMS, for the allocation of freephone and local rate numbers.

The nature of the rules that apply to the transactions will not change substantially under the draft Numbering Plan 2015; all that will change is that the rules will place the onus on the applicant to satisfy objective assessment criteria when submitting an application. If these criteria are satisfied, then the ACMA must allocate the numbers that are the subject of the application.3

3 Manual processing of number applications will continue for applications where non-standard size units are sought by CSPs.

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The rules relating to allocation, transfer, surrender and withdrawal have been revised and consolidated to allow for the automation of these processes for the majority of number types.4 Previously spread across a number of chapters, these rules are now consolidated in Chapter 6 for allocations and Chapter 8 for transfer, surrender and withdrawal (except for smartnumbers®).

Automation is a more efficient process for both stakeholders and the ACMA. To facilitate the automation, the ACMA has removed, where possible, the discretion from administrative decision-making processes in the draft Numbering Plan 2015. This will support ZOAK Solutions in designing a numbering system that simplifies number transaction processes (including allocation, transfer and surrender of numbers and the processes that support the calculation of the annual numbering charge).

However, the ACMA recognises that there are situations where it would be appropriate for discretion to be applied in the decision-making making process. For example, Part 3 of Chapter 6 of the draft Numbering Plan 2015 retains discretion for decisions relating to applications for allocation of numbers in special circumstances. The ACMA would not seek to delegate decisions of this nature to an external provider.

4 International signalling point codes and mobile network codes will be subject to different rules in Chapter 5 of the draft Numbering Plan 2015.

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2.3 Moving from an auction to an over-the-counter allocation process for smartnumbers®

Smartnumbers® are freephone and local rate numbers (FLRNs) that are deemed to be more valuable than other FLRNs due to being highly patterned (for example, 1800 222 222) or capable of being translated into a phoneword (for example, 13 CATS). The ACMA commenced allocation of smartnumbers® by auction in 2004.

The successful bidder for a smartnumber® is awarded the enhanced rights of use for that number. These are additional rights conferred on the holder of a smartnumber®

that do not apply to holders of other numbers. Enhanced rights of use include the ability for the holder of the smartnumber® to:> sell or licence the number> have no active service on the number for a period of three years> give up all rights to the number> ask a registered CSP to surrender the number.

A small, randomly generated subset of FLRNs without enhanced rights of use are available to be administratively allocated to CSPs (by the ACMA’s current delegate, INMS).

While an auction system is an effective mechanism for resolving pent-up demand for numbers and resolving competition for specific numbers, 95 per cent of smartnumbers® auctioned in 2013–14 were sold at the reserve price. In the current environment, the ACMA considers that an auction system is no longer an effective mechanism for allocating smartnumbers®.

The current auction system is resource-intensive—the IT systems that support the current auction system are near to end-of-life, costly to maintain and complex to administer. Additionally, the current IT system does not include a mechanism for immediate allocation of a smartnumber® in urgent circumstances.

The ACMA is proposing to move from an auction system to an over-the-counter allocation process for smartnumbers®. Under the proposed arrangements, the enhanced rights of use to smartnumbers® would be assigned under the rules in Chapter 7 of the draft Numbering Plan 2015 at a set price (currently proposed to be equivalent to the current reserve price). The ACMA will set charges for the over-the-counter allocation of smartnumbers® through a charges determination5, which will be consulted on prior to the new arrangements commencing.

The ACMA considers that this change will benefit individuals and organisations that purchase smartnumbers® by reducing the delay, uncertainty and complexity inherent in the current auction process.

2.4 Simplifying the language and applying best-practice legislative drafting

The Numbering Plan is a complex, lengthy document that contains significant policy and administrative detail. The overall complexity of the numbering arrangements has been identified by both the ACMA and industry as problematic as it hinders understanding of the requirements and compliance by carriers and carriage service providers (CSPs), and the potential for subsequent enforcement action by the ACMA. The ACMA considers the current level of detail in the Numbering Plan is impeding the efficient allocation and use of numbers.

5 The current procedures for allocating smartnumbers® by auction are set out under the Telecommunications (Freephone and Local Rate Numbers) Allocation Determination 2007 (No. 1).

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A key goal of the ACMA has been to improve the accessibility of the Numbering Plan; in particular, for new market entrants. To this end, consequential amendments have been made to simplify the language, remove redundant provisions, consolidate similar rules, clarify the existing rules and improve the consistency of the Numbering Plan. These amendments will improve the readability of the Numbering Plan and significantly reduce its length. The language in the draft Numbering Plan 2015 is consistent with best-practice legislative drafting.

The changes proposed to the Numbering Plan are consistent with the longer-term objective of both the ACMA and industry to evolve the Numbering Plan to a principles-based document. Table 2 illustrates the consolidation of existing rules (by applicable number types) in the proposed structure of the draft Numbering Plan 2015.

Table 2 Comparison of Numbering Plan structure

Provisions Draft Numbering Plan 2015 Numbering Plan 1997GeneralObjectsDictionary

Chapter 1—includes Objects and Dictionary

Chapter 1—General and ObjectsSchedule 11—Dictionary and Notes

Numbers for use Chapter 2 Chapter 2Specification of numbers

Chapter 3—for all numbers Chapter 3—Telephone numbersPart 1—GeographicPart 2—Special servicesPart 3—Emergency servicesPart 4—Private numbersPart 5—Freephone local rate and premium rate

Private numbering schemes

Chapter 4 Part 4 of Chapter 3

Data numbers Removed Chapter 4Telex numbers Removed Chapter 5International Signalling Point Codes and Mobile Network Codes

Chapter 5 Chapter 5A—ISPCs

Allocation Chapter 6—for all numbers Chapter 6Part 5 of Chapter 3FLRN Allocation Determination

Special rules about smartnumbers®

Chapter 7 FLRN Determinations

Transfer surrender and withdrawal

Chapter 8—for all numbers Chapter 7Part 5 of Chapter 3FLRN Allocation Determination

Use of numbers Chapter 9 Chapter 3Chapter 6Chapter 8

Portability Chapter 10 Chapter 11 Miscellaneous administrative provisions

Chapter 11 Chapter 12

Schedules—list numbers specified for use with particular service types

Schedules consolidated for better accessibility—1, 2, 3, 4, 5, 6, 7

Schedules—1, 2, 3, 4, 4A, 4B, 4C, 5, 6, 7, 8, 11

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2.5 Implementing minor amendments from the Numbering Work Program

The ACMA has applied a managed evolutionary approach to the implementation of outcomes arising from the Numbering Work Program. Table 4 at Appendix A sets out the status of outcomes and the ACMA’s approach over the short, medium and long term.

The ACMA is taking the opportunity during this consultation process to implement minor amendments to the draft Numbering Plan 2015 from the Numbering Work Program. These include:> Extending the ‘use it or lose it’ provision from 12 to 24 months (section 92 of the

draft Numbering Plan 2015). This will enable a CSP to activate or use a number up to 24 months from the date of allocation, before the numbers can be withdrawn by the ACMA.

> Removing the technical limitations on mobile numbers by aligning the definition in the Numbering Plan with the primary legislation. The proposed definition can be found in the Dictionary of the draft Numbering Plan 2015.

> Removing the concepts of ‘numbers of broad geographic significance’ and ‘numbers of local geographic significance’ from the Numbering Plan.

Location independent communications services and the ‘05’ prefixThe ACMA has publicly communicated its intention not to allocate any further numbers from the ‘05’ prefix for use by location independent communications services. The draft Numbering Plan 2015 gives effect to this decision, with these numbers no longer listed for allocation in Chapter 6. Providers of location independent communications services will be permitted to use both:> those location independent communications services numbers that are already

allocated under the Numbering Plan—consistent with Chapter 2 of the draft Numbering Plan 2015

> geographic numbers—provided the numbers meet the provisions of Part 1 of Chapter 3 of the draft Numbering Plan 2015.

As the ‘04’ prefix used by mobile services reaches exhaustion, the ACMA will consider whether it is necessary to withdraw any numbers used for the provision of location independent communications services which remain allocated at that time. At the current allocation rate, the exhaustion of ‘04’ prefix is not anticipated for at least five years.

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3. Additional issues for comment

The ACMA welcomes comment on any issues relevant to draft Numbering Plan 2015.

In addition to the issues described in Chapter 2 of this consultation paper, Table 3 sets out a series of numbering administration matters identified by the ACMA that may no longer be required in the current communications environment. The ACMA invites comment from interested people on these additional issues.

Table 3 Draft Numbering Plan 2015—additional issues for comment

Dictionary Definition of data network access service

The definition in the Dictionary of the draft Numbering Plan 2015 has been changed to make it more technologically neutral. Comment is invited on whether the proposed definition achieves the purpose without changing its meaning.

Dictionary Definition of internal network service

The definition in the Dictionary of the draft Numbering Plan 2015 has been simplified.Comment is invited on whether the proposed definition accurately reflects the service.

Chapter 2Section 17(1)(j)

Internal numbers The current Numbering Plan lists internal numbers (numbers used with a Virtual Private Network and not allocated by the ACMA) as numbers that are for use in connection with the supply of carriage services to the public in Australia.Comment is invited on whether internal numbers are used in the supply of carriage services to the public in Australia. Please provide examples of internal numbers; in particular, how they differ from private numbers in practice?

Schedule 6 International access codes

Subsection 3.18(1) of the current Numbering Plan says that an international access code (such as ‘0011’) may be used as a prefix to international numbers and private numbers.Comment is invited on whether there is there any reason why international access codes should be used as prefixes to private numbers.

Dictionary Virtual private network service

The definition in the Dictionary of the draft Numbering Plan 2015 has been simplified. Comment is invited on whether the proposed definition accurately reflects the service.

Chapter 6 Allocations subject to conditions

The current plan allows for allocation of numbers subject to conditions. As there are only two current allocations subject to conditions, the ACMA is considering whether there is a need for the Numbering Plan 2015 to continue to provide for allocations subject to conditions.Comment is invited on whether the Numbering Plan 2015 should provide for allocation of numbers subject to conditions.

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Chapter 2 (Section 17(1)(i)Chapter 4

Status of private numbers and private numbering schemes

The current Numbering Plan lists private numbers (those used in private numbering schemes) as numbers that are for use in connection with the supply of carriage services to the public in Australia. The draft Numbering Plan 2015 retains reference to private numbering schemes, with a focus on ensuring that such schemes do not impinge on the ability to use public numbers.Feedback on the following matters will inform the ACMA’s consideration of whether provisions about private numbers and private numbering schemes are still required in the Numbering Plan.Comment is invited on:> Whether there is still a need for private numbers

and private numbering schemes to be dealt with in the Numbering Plan.

> How private numbers and private numbering schemes are used and whether they can be used to supply carriage services to the public.

> Whether the rules that apply to the use of geographic numbers and special services numbers should apply to a private numbering scheme (even if this is subject to some restrictions).

> Whether freephone local rate and premium rate numbers should be able to be used within a private numbering scheme.

Please provide examples to support your comments. Chapter 4 Section 46

Private numbering scheme without an escape code

The provisions in the draft Numbering Plan 2015 have been retained from the current Numbering Plan.Comment is invited on whether: > There is benefit in keeping rules about private

numbering schemes without an escape code.> There is risk in having private numbers without

escape codes. > The rule in draft subsection 46(2) should apply not

just to special services numbers, but to geographic numbers, freephone numbers, local rate numbers and/or premium rate numbers.

> The rule in draft subsection 46(2) should only apply to calls from a number in the private numbering scheme to another number in the private numbering scheme.

> The rule in draft subsection 46(3) is necessary at all. If it is, would it be sufficient to avoid conflict with local numbers?

> Private numbers should be established by a customer (as per definition) or issued to a customer (as in draft paragraph 46(4)(a)). In the current Numbering Plan, private numbers are shared numbers and therefore cannot be allocated.

> The reference to an emergency service organisation (ESO) is still needed. If so, how is a number issued to an ESO? How can the numbers be identified? Would a private numbering scheme operator know what numbers had been issued to ESOs?

Please provide examples to support your comments.

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CSP obligations regarding recovery of numbers

In the current Numbering Plan, section 10.11 requires that CSPs must not recover numbers without replacing them. The draft Numbering Plan 2015 does not include an equivalent provision as the ACMA does not believe it is needed. Comment is invited on whether this provision should be included in the new Numbering Plan.

Schedule 6Table 1

Incoming-only international service (Items 10–12)

These services are currently listed as prefixing geographic numbers, local numbers, special services numbers and private numbers. Comment is invited on whether these are the correct services that should be prefixed by incoming=only international services.

Schedule 6Table 1

Virtual private network service(Item 22)

These services are currently listed as prefixing geographic numbers, local numbers, special services numbers and private numbers. Comment is invited on whether these are the correct services that should be prefixed by virtual private network services.

Chapter 2Section 18

Special services numbers for incoming international assistance operator services, for international assistance delay operator services, for incoming international directory enquiries services, and access codes for incoming only international services

The current Numbering Plan lists certain special services numbers and access codes that are for incoming services, as numbers that are for use in connection with the supply of carriage services other than to the public in Australia. Some may also be used in connection with the supply of carriage services to the public in Australia.Comment is invited on whether these numbers are used in the supply of carriage services to the public in Australia, or other than to the public in Australia, and whether both uses should be specified in the Plan. Please provide examples of the use of these numbers by carriage service providers.

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Appendix ATable 4 The ACMA’s managed evolutionary approach to numbering arrangements—2014 update

Short: 1–2 years Medium: 2–5 years Long: 5+ years Transition period 20+ yearsSchedule 12 removed The ACMA intends to remove

location independent communications services from the Numbering Plan

Arrangements for geographic numbers will be reconsidered following the implementation of IPND review recommendations

Sector boundaries removed The ACMA will review the use of shared numbers for directory and information services when the IPND replacement system is established and tested. In the meantime, current use will be permitted

The ACMA has referred other changes to geographic numbers to DoC for consideration in light of NBN market developments

Unused service types removed The ACMA will work with Communications Alliance to identify remaining and procedural matters that could form the basis of industry codes and guidelines as part of evolving the Numbering plan to a more principles-based document

Number ranges consolidated A new framework for call charges from mobile phones to 13/1300 numbers

Maintain existing premium number ranges

The ACMA is examining the future management of number allocation including smartnumbers

The ACMA will monitor the number of non-standard block allocations and report this information annually

The ACMA will remove Annual Numbering Charge from some short digit access codes including CAC. ACMA will work with CA to develop non-financial rules to manage demand

The ACMA has adopted a forbearance approach to the use of digital mobile service numbers by satellite services

Remove technical limitation on mobile numbers by aligning definition in the Numbering Plan with the primary legislation

The ACMA will monitor the satellite market and will reconsider further changes when terminating interconnection rates are within 20 per cent of each other

LEGEND:Actions which are complete or only require monitoringActions which are incorporated in the draft Numbering PlanActions which Communications Alliance is progressingActions which the ACMA will progress in the futureMatters which were referred to DoCThe ACMA will extend the ‘use it or lose it’ provision in the Numbering

Plan from 12 to 24 months

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Invitation to commentMaking a submissionThe ACMA invites comments on the issues set out in this discussion paper or any other issues relevant to the remaking of the Numbering Plan. Submissions should be made:By email: [email protected] mail: The Manager

Carrier Infrastructure and Monitoring SectionTechnical Regulation & Industry Monitoring BranchAustralian Communications and Media AuthorityPO Box 13112Law CourtsMelbourne VIC 8010

The closing date for submissions is 29 January 2015.

Effective consultation The ACMA is working to enhance the effectiveness of its stakeholder consultation processes, which are an important source of evidence for its regulatory development activities. To assist stakeholders in formulating submissions to its formal, written consultation processes, it has developed Effective consultation—a guide to making a submission. This guide provides information about the ACMA’s formal written public consultation processes and practical guidance on how to make a submission.

Publication of submissionsIn general, the ACMA publishes all submissions it receives. The ACMA prefers to receive submissions that are not claimed to be confidential. However, the ACMA accepts that a submitter may sometimes wish to provide information in confidence. In these circumstances, submitters are asked to identify the material over which confidentiality is claimed and provide a written explanation for the claim.

The ACMA will consider each confidentiality claim on a case-by-case basis. If the ACMA accepts a claim, it will not publish the confidential information unless authorised or required by law to do so.

Release of submissions where authorised or required by lawAny submissions provided to the ACMA may be released under the Freedom of Information Act 1982 (unless an exemption applies) or shared with other Commonwealth Government agencies under Part 7A of the Australian Communications and Media Authority Act 2005. The ACMA may also be required to release submissions for other reasons including for the purpose of parliamentary processes or where otherwise required by law (for example, under a court subpoena). While the ACMA seeks to consult submitters of confidential information before that information is provided to another party, the ACMA cannot guarantee that confidential information will not be released through these or other legal means.

PrivacyThe Privacy Act 1988 imposes obligations on the ACMA in relation to the collection, security, quality, access, use and disclosure of personal information. These obligations are detailed in the Australian Privacy Principles that apply to organisations and Australian Government agencies from 12 March 2014.

The ACMA may only collect personal information if it is reasonably necessary for, or directly related to, one or more of its functions or activities.

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The purposes for which personal information is being collected (such as the names and contact details of submitters) are to:> contribute to the transparency of the consultation process by clarifying, where

appropriate, whose views are represented by a submission > enable the ACMA to contact submitters where follow-up is required or to notify

them of related matters (except where submitters indicate they do not wish to be notified of such matters).

The ACMA will not use the personal information collected for any other purpose, unless the submitter has provided their consent or the ACMA is otherwise permitted to do so under the Privacy Act.

Submissions in response to this paper are voluntary. As mentioned above, the ACMA generally publishes all submissions it receives, including any personal information in the submissions. If a submitter has made a confidentiality claim over personal information which the ACMA has accepted, the submission will be published without that information. The ACMA will not release the personal information unless authorised or required by law to do so.

If a submitter wishes to make a submission anonymously or use a pseudonym, they are asked to contact the ACMA to see whether it is practicable to do so in light of the subject matter of the consultation. If it is practicable, the ACMA will notify the submitter of any procedures that need to be followed and whether there are any other consequences of making a submission in that way.

Further information on the Privacy Act and the ACMA’s privacy policy is available at www.acma.gov.au/privacypolicy. The privacy policy contains details about how an individual may access personal information about them that is held by the ACMA, and seek the correction of such information. It also explains how an individual may complain about a breach of the Privacy Act and how the ACMA will deal with such a complaint.

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