Review of the Telecommunications (Emergency Call Service) Determination 2009Consultation paperOCTOBER 2018

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IntroductionSubmissions 2

Regulation of the ECS by the ACMA

Issues for examination1. The ECS in an NBN environment 52. Access to the ECS 63. Interconnection arrangements 74. Non-genuine calls 85. Caller location information 126. Communication obligations 167. Integrated Public Number Database obligations 178. ECSR Code 189. Charging 1910. Performance benchmarks 19

Invitation to commentMaking a submission 20

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Introduction

In Australia, access to services provided by emergency service organisations (ESOs) —police, fire, or ambulance—is made possible by calling the national emergency call service (ECS) numbers 000 (Triple Zero), 112 or 106: > Triple Zero is the primary ECS number> 112 and 106 are secondary ECS numbers—112 for voice calls from mobile phones

(which also provide Triple Zero access) and 106 for TTY calls made by people who are deaf or are hearing/speech-impaired

> the emergency call person (ECP) providing the Triple Zero and 112 ECS is currently Telstra Corporation Limited (Telstra)

> the ECP providing the 106 ECS is currently the Australian Communication Exchange Limited (ACE).1

The ECS is a critical service that plays a fundamental role in the safety of the Australian community. It gives people access—free-of-charge—to police, fire or ambulance services in life-threatening or time-critical situations from any fixed or mobile phone (where there is coverage) and most satellite phones in Australia.

To illustrate the scale of the ECS operation, in 2016–17:

> the ECS received 8,580,119 calls> 6,335,601 (77.1 per cent) were transferred to an ESO> 5,977,477 (69.7 per cent) originated from a mobile phone> 2,530,290 (29.5 per cent) originated from a fixed-line service.

There is a community expectation that government plays a role in protecting citizens from risks to life, health and safety. Therefore, a key feature of the statutory objectives is to mandate access to emergency services. Ensuring that emergency calls are received and transferred to the appropriate ESO for response continues to remain the objective of the emergency call service operation today and into the future.

Access to, and delivery of, emergency services in Australia is a responsibility shared between the Australian Government, the state and territory governments and the telecommunications industry. The Australian Government is responsible for the provision of the ECS, which is delivered by the national operators (the ECPs) and the state and territory governments are responsible for the operation of the ESOs and ESO call centres. The ECS is made possible by telecommunications infrastructure provided by carriers and carriage service providers.

1 The Telecommunications (Emergency Call Persons) Determination 1999 specifies Telstra and the National Relay Service provider (currently ACE) as national providers of emergency call services.

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Figure 1: Provision of ECS

To this end, the Telecommunications (Emergency Call Service) Determination 2009 (ECS Determination) imposes ECS-related obligations on carriage service providers, carriers and the ECPs. These include obligations about how emergency calls are carried across telecommunications networks and handled by the ECPs. The ECS Determination is buttressed by industry’s C536:2011 Emergency Call Service Requirements Code (the ECSR Code).

The purpose of this review is to consider whether, in light of technological, environmental and other changes, the ECS Determination remains relevant and effective in contemporary Australia2 or whether changes should be made that better assure ECS-related community protections.

Submissions This paper identifies a number of issues and poses questions for consideration relating to the review of the ECS Determination. These issues were identified based on preliminary discussions with key stakeholders and the ACMA’s own regulatory experience. However, the review is not limited to the consideration of these issues. The ACMA welcomes submissions on the issues identified and on any aspect of the ECS Determination.

All comments made by submitters that are relevant to the operation of the ECS Determination will be considered by the ACMA as part of the review. Subject to any claims for confidentiality, the ACMA proposes to make public all submissions received.

2 It should be noted that the Australian Communications and Media Authority (ACMA) is not seeking to review the emergency services policy framework, including jurisdictional and contractual arrangements that are relevant to the delivery of the ECS. Such policy issues are beyond the scope of the ECS Determination and the ACMA’s role and are therefore beyond the scope of this review.

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Regulation of the ECS by the ACMAThe ACMA regulates the provision of the ECS under Part 8 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (TCPSS Act).

The ECS Determination was made by the ACMA under subsection 147(1) of the TCPSS Act, which requires the ACMA to make a determination imposing requirements on any or all carriers, carriage service providers (CSPs) and ECPs in relation to the ECS.

In making a determination, the ACMA must consider the objectives in subsection 147(2) of the TCPSS Act (the ECS objectives)3 and, pursuant to subsections 147(9) and 147(9A), consult the Secretary of the Department of Communications and the Arts, along with representatives of each of the following groups:> carriers> CSPs> recognised persons who operate an ECS> ESOs> consumers of standard telephone services.

The current ECS Determination was made under subsection 147(1) of the TCPSS Act in 2009 and has been amended a number of times, most recently in 2014. It is due to sunset4 in April 2020. It contains obligations around caller access, call carriage, call handling, service information and charging. It is structured as follows:> Part 1 is introductory, capturing the purpose of the ECS Determination.> Part 2 contains general requirements for carriers, CSPs and the ECPs. It creates

high-level process-style obligations (for example, the requirement to have arrangements in place that will allow compliance with more specific obligations elsewhere in the Determination).

> Part 3 contains many of those more specific obligations, for example:> 3.1.1 imposes an obligation on CSPs to give their end users access to the

ECS using the Triple Zero and 112 and 106 numbers> 3.1.2 imposes obligations on CSPs to ensure that emergency calls are

carried to the relevant termination point> 3.2 requires carriers and CSPs to give (other) CSPs access to their networks

and facilities so that the (other) CSP can meet its obligations in the Determination

> 3.1.3 imposes specific call handling obligations on the ECPs—including with regard to transferring calls to ESOs

> 3.3 specifies steps the ECP for Triple Zero and 112 must take to minimise the number of non-genuine emergency calls received by the ECP.

3 The ECS objectives can be found in Part 8 of the TCPSS Act4 Sunsetting provisions in legislation provide that a law is repealed after a specific date, unless further legislative action is taken to extend that law.

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> Part 4 obliges:> CSPs to give the IPND Manager information about their customers’ services> the ECP for Triple Zero and 112 to seek to agree to IPND access

arrangements with the IPND Manager> CSPs to give the ECP readily available mobile phone location information > the ECP to pass that information on to ESOs> carriers, upon request, to give ESOs the most precise mobile location

information available> the ECP to pass on end-user location information to the relevant ESO.

> Part V provides that the ECS service must be provided by CSPs free of charge to end users, ESOs and the ECPs.

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Issues for examinationThe ACMA invites submissions on any of aspect of the ECS Determination, as well as the specific issues set out in this paper. Submissions should consider the objectives in section 147(2) of the TCPSS Act (the ECS objectives).5

The issues discussed in this paper have been consistently identified as critical matters by stakeholders and the ACMA. These issues provide possible points of consideration and are not intended to be restrictive.

The paper starts by discussing the environment in which the ECS operates and access to the ECS. It then considers some of the key challenges that face the ECS, namely efforts to minimise non-genuine calls and to improve caller location information.

The paper concludes by discussing operational issues, including a proposal to include communication protocols in the ECS Determination.

Submissions are invited on these and any other matters.

1. The ECS in an NBN environmentTechnology neutral As the ECS Determination was last substantively reviewed in 2009, obligations are structured around the access technologies available at the time—fixed line, mobile, satellite and VoIP services. In many instances, the obligations in the ECS Determination vary depending on the type of service. For example, section 14 relates to location independent communications services that are not standard telephone services, and sections 35 and 36 relate specifically to mobile services. Similarly, section 49 of the ECS Determination places different obligations on CSPs depending on the type of access technology.

The telecommunications environment has changed significantly in the last decade. The pace of change is showing no signs of abating, both for telecommunications generally and the ECS. For example, the ACMA understands that the ECS is currently transitioning to an IP-based emergency call platform, with the introduction of new technologies such as session initiation protocol (SIP) signalling and advanced mobile location (AML) to follow. Although the ECS is currently a voice call service, it is expected that new means of communicating with the ECS, such as SMS or instant messaging, will be introduced over time.

Stakeholders have noted that many of the technology distinctions in the ECS Determination are no longer valid, rendering parts of the ECS Determination redundant. Feedback from preliminary consultation with stakeholders suggests that, to the greatest extent possible, the ECS Determination should be technology neutral, so that the same obligations apply, irrespective of the access technology. Such an approach would assist to ‘future proof’ the ECS Determination and allow it to accommodate the introduction of new technologies.

5 The ECS objectives can be found in Part 8 of the TCPSS Act at: https://www.legislation.gov.au/Details/C2016C00474

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Wholesale providersWholesale layer 2 bitstream providers, such as NBN Co Limited (NBN Co), are carriers and are therefore required to comply with carrier obligations in the ECS Determination. The ACMA understands that such wholesale providers do not have visibility of the call traffic that crosses their networks, and as such, cannot prioritise calls to the ECS.

It has been suggested to the ACMA that separate service level arrangements with Wholesale Layer 2 bitstream providers for delivery of ECS calls would assist to ensure the effective delivery of the ECS.

Questions1.1 To what extent can the ECS Determination be technology neutral? How

can this be best achieved? 1.2 Are there any obligations that cannot be technology neutral and, if so,

how should they be covered in the ECS Determination?1.3 How should the ECS Determination deal with new technologies? Should it

include an implementation time frame for new technologies? 1.4 Should there be any specific requirements placed on wholesale layer 2

bitstream providers in the ECS Determination?

2. Access to the ECSOne of the ECS objectives that the ACMA must consider when making the ECS Determination is:

the objective that a carriage service provider who supplies a standard telephone service should provide each end-user of that standard telephone service with access, free of charge, to an emergency call service, unless the ACMA considers that it would be unreasonable for such access to be provided

Accordingly, section 19 of the current ECS Determination requires a CSP to ensure that its controlled networks and controlled facilities give an end-user access to emergency call services (whether or not a number is currently issued to the end-user in relation to a service). That obligation does not apply where:

(a) it is not technically feasible to give the access; or

(b) a matter beyond the control of the provider materially and adversely affects the provider’s technical ability to give the access; or

(c) the service used to make the call is an exempt satellite service.

Section 22 of the ECS Determination imposes an additional obligation on CSPs beyond ensuring that their networks and facilities give access to the ECS. This requires CSPs to carry calls to the relevant termination point. Unlike section 19, however, this obligation does not have an exemption relating to technical feasibility or matters beyond the CSP’s control.

Given the high public-safety risk of a person being unable to successfully make an emergency call, the ECS Determination is intended to impose a correspondingly high standard on carriers and CSPs involved in providing access to and carrying emergency calls. In those circumstances, it may be appropriate that the relevant obligations (in section 19 and 22) are strict and without exemption.

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Alternatively, it may be unreasonable to mandate a strict liability regime to these obligations, given the range of matters that may prevent compliance that are not within the CSPs control. This may be particularly applicable, for example, in the context of high-speed broadband infrastructure rollouts, where the failure to successfully carry emergency calls to the ECS may be due to circumstances outside of a CSP’s control. In this context, the relevant ECS objective expressly contemplates an exemption where the ACMA considers it is unreasonable to require access to the ECS. It might also be argued that it is incongruous to qualify the obligation to give access to the ECS, but to not similarly qualify the obligation to carry the calls on the relevant network and facilities.

The ACMA seeks comment on the scope of the exceptions to the ECS obligations to provide access and to carry calls.

Questions2.1 In what circumstances, if any, should the ECS Determination allow for

exemptions from the requirement to provide access or carry calls to the ECS?

2.2 Are there any other circumstances in which a CSP/carrier or the ECP should be exempt from complying with a particular obligation in the ECS Determination?

3. Interconnection arrangementsWhen a person calls Triple Zero or 112, the call is carried by the caller’s CSP, via a carrier network, to the Emergency Service Answer Point (ESAP) network. The ESAP network is Telstra’s emergency call handling platform, where Telstra (as the ECP) receives calls to Triple Zero and 112.

After a call is answered by the ECP, it is then carried to the relevant ESO. Other associated data, such as the caller’s address, is also sent to the ESO.

Section 22 of the ECS Determination requires CSPs who supply an emergency telephone service to carry an emergency call to the relevant termination point 6 for the call on the provider’s network; or, if the network does not allow direct delivery to the relevant termination point for the call, to the relevant termination point by another telecommunications network. Section 34 of the ECS Determination requires carriers and CSPs to provide CSPs that supply an emergency telephone service with access to their controlled carriage services, controlled networks and controlled facilities, to the extent necessary to allow the CSP to comply with its obligations under the ECS Determination.

Currently, all calls to Triple Zero and 112 connect to the ESAP network via Telstra’s network. Some stakeholders have suggested that carriers/CSPs should be able to terminate emergency calls directly into the ESAP network. Allowing direct connection to the ESAP network would improve redundancy and diversity by enabling calls to be carried to the ECS if there has been a network failure in Telstra’s network. The ACMA understands that the ECS move to an IP platform may facilitate direct connection to the ESAP network.

Some stakeholders have suggested, however, that direct access to the ESAP network could increase the risk of Denial of Service (DoS) attacks, so it may be prudent to require certain conditions to be met before allowing other carriers to connect to the ESAP network. For example, carriers/CSPs must ensure that they have the technical

6 This term is defined in the Dictionary of the ECS Determination.

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capability to actively monitor network traffic to identify and deal with possible DoS attacks and other potential security risks that may arise.

The ACMA notes that the network from the ESAP network to ESOs could potentially be a single point-of-failure if it experiences a significant network outage. It has been suggested that diversity and redundancy could be improved if the connection from the ECS to the ESOs for voice lines was provided by more than one carrier.

Questions3.1 Should the ECS Determination provide for CSPs/carriers to terminate

emergency calls directly into the ESAP network? Should there be a requirement that CSPs/carriers must arrange for emergency calls to default to Telstra’s network if there is a failure in the CSP’s/carrier’s network, which prevents direct connection to the ESAP network?

3.2 Should the ECS Determination specify any conditions that must be met by CSPs/carriers before such access being provided? For example, active monitoring of traffic by CSPs/carriers to detect and deal with possible DoS attacks.

3.3 If the connection from the ECS to ESOs is provided by another CSP/carrier, should there be a requirement that the CSP/carrier must arrange for emergency calls to default to Telstra’s network if there is a failure in the CSP’s/carrier’s network that prevents direct connection from the ESAP network to ESOs?

4. Non-genuine callsThe ECS Determination imposes requirements on carriers and CSPs, which are intended to ensure that an end user who makes an emergency call to the ECS has their call transferred to the ECS with the highest priority. An emergency call is defined in the ECS Determination as ‘a call made to an emergency service number, during which a response is sought from an ESO to deal with a time critical event that is perceived to threaten life or that the organisation is established to respond to’.7

For the purposes of discussion, in this paper, calls to the ECS that are not emergency calls are categorised as non-genuine calls. These include:> calls to services that are not accessible through the ECS8

> accidental calls (for example, pocket dialling) or misdials > nuisance calls> calls associated with a DoS attack.

Non–genuine calls are a serious problem for the ECS and ESOs, as they drain resources from genuine emergencies, which can adversely impact the efficient and effective operation of the ECS and ESOs. To highlight this point, in 2016–17, approximately 2,245,018 (26 per cent) of all calls made to the ECS were non-genuine calls. Consequently, the ACMA’s view is that the reduction of non-genuine calls must remain a key objective of the ECS Determination.

The provisions relating to non-genuine calls in the current ECS Determination and some options for improvement are discussed below.

7 All definitions are included in the Dictionary of the ECS Determination8 Non-accessible services refers to services (such as state and territory emergency services, tow-trucks, the Australian Maritime Safety Authority) that cannot be contacted through the emergency call service. The only services that can be contacted via the ECS are police, fire, and ambulance.

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Non-accessible servicesWhere an end-user asks to be transferred to non-accessible services, sections 27 and 28 of the ECS Determination require the ECP to transfer the call to a recorded voice announcement. The announcement states that the call cannot be connected via the ECS and advises the caller how to contact the service the caller is seeking. This includes calls for state emergency services and other non-emergency contacts. The ACMA understands that the recorded voice announcement is an effective way to deal with calls to non-accessible services.

Accidental calls or misdialsSection 35 of the ECS Determination requires the ECP for Triple Zero and 112 to take steps to minimise non-emergency calls received by the ECP that are made using a public mobile telecommunications service (PMTS).9 Under section 35, the ECP must play an RVA before a call is transferred to an ECP operator. The recorded voice announcement states that the caller has contacted the ECS and their call is being connected. The ACMA understands that calls to the ECS that occur by accident, such as ‘pocket dials’ or misdials, have been reduced significantly over time by this requirement, as it provides time for the caller to terminate the call before it is answered.

Similarly, section 36 of the ECS Determination requires carriers (that own or operate a controlled network or controlled facility that is used to supply a PMTS) to take any steps that that the ACMA directs, to minimise non-emergency calls received by the ECP for Triple Zero and 112. The ACMA has made no such direction under this provision.

Section 20 of the ECS Determination provides that a CSP is not required to treat a call as an emergency call if additional digits are dialled after Triple Zero, 112 or 106. This aims to prevent calls mistakenly being connected to the ECS where ‘0’ is dialled on a PABX to get an outside line before dialling a number that commences with ‘00’, such as the international code 0011. The ACMA understands, however, that not all CSPs have taken proactive steps to prevent such calls from connecting to the ECS.

The ACMA seeks comment on whether the measures to deal with accidental calls and misdials in the ECS Determination are adequate. Specifically, whether the requirements to minimise accidental calls and misdials to the ECS should apply to all call types, not just calls using a PMTS, and whether the ECS Determination should require CSPs to prevent (rather than minimise) calls from being connected if additional digits are dialled after Triple Zero, 112 or 106.

Nuisance callsThe ECS Determination does not specifically address the issue of nuisance calls. For the purposes of this paper, nuisance calls are calls that are not emergency calls and are purposefully made to the ECS to threaten or annoy the recipient. They can include repeated calls and/or calls using abusive or threatening language to the ECS operators. C525:2017 Handling of Life Threatening and Unwelcome Communications Code (the HLTUC Code) sets out a process for dealing with ‘unwelcome calls’10 to the ECS, which includes issuing warnings and ultimately blocking the service.11 However, neither the HLTUC Code nor the ECS Determination specifically include requirements to address nuisance calls that are transferred by the ECP to ESOs.12 ESOs, such as

9 Section 35 also allows for the ACMA to direct that other steps be taken.10 Unwelcome calls are defined in the HLTUC Code as ‘the use of one or more Carriage Service(s) by an A-Party in a manner which a B-Party advises is unwelcome but which is not currently a Life-Threatening Communication’.11 This is an industry code registered by the ACMA under Part 6 of the Telecommunications Act 1997.12 In many cases, a call may present as a genuine call to the ECS, and it is not apparent that it is nuisance call until the ECS has transferred the call to an ESO.

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police, have reported that they are receiving an increasing number of nuisance calls, diverting staff from responding to genuine emergency calls and wasting valuable time and resources.

The ACMA is seeking comment on whether the number of nuisance calls to the ECS could be reduced if calls to the ECS were blocked once a predetermined threshold has been reached by an end user, for example, a given number of calls in a given day or week.

SIMless callsIt is currently possible to call the ECS from an inactive mobile service or from a mobile handset that does not have a SIM (SIMless). Information is not available about the location of SIMless callers (except the standardised mobile service area (SMSA)) and there is no telephone number or customer information associated with the service. The ACMA understands that the majority of calls from inactive mobile services and SIMless mobile handsets have been found to be non-genuine or nuisance calls, which waste valuable ECS and ESO resources.

Other types of calls to the ECS that provide minimal location and caller information (and currently are unable to be distinguished from SIMless calls, even though they may be genuine calls) include:> ‘camp on’ calls to the ECS, where a call uses another carrier’s network because

the caller’s home network is not available and the call ‘camps on’ another carrier’s network

> international mobile roaming calls.

The ACMA notes that SIMless calls to the ECS are blocked in a number of countries, including New Zealand. When a call is attempted in New Zealand on a carrier’s home network or it emergency roams to another network, the international mobile subscriber identity is presented to the network. If this is not presented to the network, the call is considered to be a SIMless call and the call is blocked. The ACMA understands that blocking of SIMless calls in New Zealand has been in place for approximately six years without incident. It has been suggested that with the introduction of SIP signalling, a similar solution could be introduced in Australia.13 This would prevent SIMless calls from connecting to the ECS, while still accepting ‘camp on’ calls and international mobile roaming calls made within Australia.

VoIP calls originating outside AustraliaThe ACMA understands that another growing source of nuisance calls to the ECS and ESOs is from callers based outside of Australia that are using over the top (OTT) VoIP services. Calls from these services do not provide caller or location information. In many cases, the number, customer address and the SMSA provided to the ECS for these calls is for the SIP Public Switched Telephone Network (PSTN) gateway provider in Australia. It is therefore not possible to determine the origin of the call.

As it seems unlikely that genuine emergency calls to the ECS and ESOs would originate from outside of Australia (as ESOs can clearly only attend to emergencies within Australia), it has been suggested to the ACMA that blocking international calls would reduce the number of non-genuine calls to the ECS and ESOs. It is not clear to the ACMA if it is currently possible to identify and block such calls.

13 The ACMA understands that this is because SIP signalling allows for the display of the international mobile subscriber identity and the international mobile equipment identity.

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While calls made outside of Australia to the ECS via the PSTN are blocked, the ACMA understands that VoIP calls made outside of Australia to the ECS are currently accepted.

DoS attacksA DoS attack is a deliberate attempt to make access to the ECS unavailable to the public. However, it may also include situations where due to an error (for example, a vending machine is incorrectly programmed), an excessive number of calls are inadvertently made to the ECS, negatively impacting accessibility.

A DoS attack may result in the ECS being flooded with non-genuine calls, which prevents or delays genuine emergency calls from connecting to the ECS and receiving emergency assistance. The ACMA understands that with the transition of carrier networks and the ECS to IP based platforms, there may be a greater risk of DoS attacks on the ECS.

Section 36 of the ECS Determination requires carriers that own or operate controlled networks or controlled facilities to take steps to minimise non-emergency calls to Triple Zero. However, this requirement only applies to mobile calls and only where directed by the ACMA. There is no obligation in the ECS Determination for a carrier to monitor its networks or minimise non-genuine calls from all services capable of contacting the ECS.

The ACMA seeks comment on whether the ECS Determination should require carriers and CSPs to undertake continuous monitoring of their controlled networks and controlled facilities, to identify potential DoS attacks to the ECS and take appropriate action to reduce the incidence of such calls. For example, if a CSP/carrier detected that a large number of calls were being made to the ECS from the same fixed, VoIP or mobile service, the ECS Determination could require the CSP/carrier to follow certain steps. Such steps may include blocking the source of the attack to protect the ECS.

The ACMA notes that while an industry guideline—G644:2011 Emergency Call Service Requirements—was developed by Communications Alliance to assist carriers to respond to potential DoS attacks, compliance with the guideline is not mandatory.

Questions4.1 What requirements, if any, should be included in the ECS Determination to

reduce non-genuine calls to the ECS? Should these requirements apply to all call types?

4.2 Should the ECS Determination place obligations on carriers and CSPs to monitor their networks/facilities to identify high call volumes to the ECS or DoS attacks? What action should CSPs and carriers be required to take in response to such calls?

4.3 Should the ECS Determination require that access to the ECS be blocked for nuisance callers once a threshold has been reached?

4.4 Should the ECS Determination require calls to the ECS from SIMless mobile handsets or from a non-active PMTS service to be blocked?

4.5 How should the ECS Determination deal with calls to the ECS from VoIP services located overseas?

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5. Caller location informationAs emergency calls deal with time-critical events that are perceived to be life threatening, it is imperative that accurate information about the location of the caller is provided to ESOs promptly.

The technologies used to provide location information and the provisions relating to caller location in the current ECS Determination are discussed below.

Mobile servicesIn 2016–17, 69.7 per cent of all calls (5,977,477 calls) received by the ECS were from mobile phones. Information available to the ESOs for these calls can include:> the caller’s name and mobile number > the customer’s address> the state or territory of origin of the call > the SMSA, which could include more than one base station and can range in size

from 2,000 to 500,000 square kilometres> Pull MoLI and Push MoLI (discussed below).

Pull MoLISince 2011, ESOs have been able to request mobile location information from carriers after an emergency call is received. This process is known as ‘Pull MoLI’. The data is based on the cell tower location, which means that although it assists in narrowing a caller’s location to an area, it does not provide a precise location.

Paragraph 52A(2)(c) of the current ECS Determination requires carriers who supply a PMTS (mobile carriers) to provide, on request of an ESO, the most precise mobile location information available. Subsection 52A(5) of the ECS Determination defines ‘most precise mobile location information available’ as:

… the most precise location information that the mobile carrier has available, about the geographic or physical location of the customer equipment from which the emergency call originated:

a) at the time the emergency call was made; or

b) where the emergency service organisation requests location information for a later time, at that time; and

c) which includes, at a minimum, the reception or coverage area of the radio cell from which the emergency call originates.

Industry has developed a five-part guideline—G557: 2014 Location Information for Emergency Call—which provides guidance on what location information is available and its level of precision.

The ACMA seeks comment on whether subsection 52A(2) of the ECS Determination could be strengthened by being more specific about what caller location information is required from mobile carriers.

It should be noted that subsection 52A(2) requires the information to be provided ‘as soon as possible’ after the request is received. Similarly, subsection 52A(4) requires mobile carriers to ensure that ESOs are able to request location information from a mobile carrier at any time, and that these requests must be processed ‘without delay’. It has been suggested to the ACMA that these provisions would be improved by the inclusion of time frames.

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Push MoLIFrom 2014, carriers have been able to automatically provide enhanced mobile location information (Push MoLI) to the ECS and ESOs. Push MoLI refers to a carrier’s capability to ‘push’ the mobile location information associated with an emergency call from the mobile carrier to the ECP. The estimated area within which a mobile caller is likely to be located is based on the latitude and longitude of the mobile cell tower and the coverage area of the base station used to make the emergency call. Depending on the technical capabilities of the mobile carrier’s network, it may be possible to more precisely identify the location of the caller within the coverage area of the base station. Push MoLI provides a more precise area, compared to SMSA, for locating callers.

Push MoLI gives more accurate information about a caller’s location in metropolitan area—between 100 metres and 3,000 metre—as cell tower coverage is more dense. In rural areas, where a mobile tower could cover an area with a radius of up to 70 kilometres, the area in which the caller is located could cover several hundred square kilometres.

While Push MoLI is not specifically referenced in the ECS Determination, subsection 49(1) requires that:

… a [CSP] must ensure, as far as practicable, that if the provider’s carriage service is used to make an emergency call, the service;

a) will give a call taker automatic information about the public number from which the call is made; and

b) will give the information when the call is made.

Subsection 49(3) requires that:

… if an emergency call is made using the emergency number 000, 112 on;

a) a public mobile telecommunications service;

….

… the provider must ensure that the service gives the call taker all the relevant information that is available about the end users approximate location in accordance with industry Guideline ACIF G557:2007 Standardised Mobile Service Area and Location Indicator Register, published by Communications Alliance and as in force from time to time.

The guideline—G557: 2014 Location Information for Emergency Calls—details what location information is available and its level of precision. Part 5 of this guideline deals with Push MoLI.

As Push MoLI has been in operation for some years, it may be timely to consider whether the requirements in section 49 of the ECS Determination are sufficient or whether changes are required.

GPS locationMobile smart phone handsets have been able to determine the caller’s GPS location for a number of years and efforts have been made to utilise this capability. For example, ESOs have developed the ‘Emergency+’ app, which provides the latitude and longitude of the location of the mobile handset to the caller. The caller can then read out this information to the ESO. However, as the ECS is a voice service, this information cannot be provided automatically to the ECS and, in turn, to ESOs.

The Department of Communications and the Arts identified AML as the preferred location solution to be implemented in Australia (through a Request for Expression of

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Interest process concluded in 2017). AML is able to use the handset’s GPS or Wi-Fi, whichever is best at the given time, to locate a caller. In the United Kingdom, AML has been able to locate a caller within a radius of 50 metres or less for most calls (for about 85 per cent of locations).

Should AML be adopted, consideration needs to be given to whether, and if so how, AML should be dealt with in the ECS Determination.

VOIP servicesThe ECS Determination applies to the following types of VoIP services:> two-way VoIP services, which allow calls to be made both ways between the VoIP

service and the PSTN using telephone numbers> VoIP-out services, where calls can be made from the VoIP network to the PSTN.

When an emergency call is made from a two-way VoIP service, the ECS receives the information contained in the Integrated Public Number Database (IPND)14 and the SMSA for that service. The IPND information includes the public number of the customer, with an alternative address flag, indicating that the caller may not be located at the recorded address (as the service may be nomadic).

VoIP-out services are not allocated a geographic number. When an emergency call is made from a VoIP-out service to the PSTN, it connects via a SIP PSTN gateway. The number that presents to the ECS and ESO is, therefore, the SIP PSTN gateway provider’s geographic number (with an alternative address flag attached) and the SMSA. In this situation, the ESO is reliant on the caller to provide their exact location. However, this information may not be forthcoming if the caller is unsure of their location or if they are disorientated.

The ACMA understands that the introduction of SIP signalling may provide more precise location information for VoIP services. However, it would also be beneficial if SIP PSTN gateway providers were able to provide information about the location of the caller.

The limitation of location information available to the ECS for VoIP services is reflected in subsection 49(3) of the ECS Determination, which requires that a CSP must ensure that it provides the ECS with the public number from which the call is made at the time of the call, together with all the relevant information that is available about the caller’s location in accordance with the industry guideline G557:2007 Standardised Mobile Service Area and Location Indicator Register. This guideline has been replaced by industry guideline G557: 2014 Location Information for Emergency Calls. Part 3 of the guideline requires the provision of an ‘ABC code’. This code identifies the state or territory the call is from, or whether this information is unknown.

OTT voice appsOTT voice apps, such as Skype, WhatsApp and Viber, are becoming increasingly common. Broadly speaking, an OTT app is an application that uses an internet connection (provided by an ISP) to offer a service—it runs ‘over-the-top’ of an existing internet connection. The ACMA understands that whether, and how, an end-user can call the ECS using an OTT app varies depending on the app, the device and the operating system used. The ACMA similarly understands that the location information provided to the ECS and ESOs may also vary depending on the app.

14 The IPND is a database that records all Australian telephone numbers and associated subscriber information. It is used for a range of purposes such as the ECS, the investigation of serious crime, dissemination of telephone-based emergency warnings and the production of public number directories.

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Section 14 of the ECS Determination sets out the requirements that apply for location independent communications services that are not standard telephone services. OTT voice apps would appear to be captured by this section. Section 14 essentially requires a CSP to give an end-user access to the ECS, unless the service is limited to receiving calls, or the provider has given notice at the time of offering to supply the service that access to the ECS is not available.

The ACMA seeks comment on whether these provisions adequately deal with OTT voice apps.

Wi-Fi calling Wi-Fi calling allows a caller to use a mobile handset to make and receive voice calls using a home Wi-Fi network or another compatible Wi-Fi network, including hotspots. As Wi-Fi calling enables a caller to make voice calls via a Wi-Fi network instead of the mobile network, it is particularly useful where there is no mobile signal available. However, unlike calls made from a fixed line or a mobile service, Wi-Fi calls to the ECS provide limited location information, making it difficult for ESOs to identify the caller’s location.

Subsection 49(1) of the ECS Determination requires that:

… a CSP must ensure, as far as practicable, that if the provider’s carriage service is used to make an emergency call, the service;

a) will give a call taker automatic information about the public number from which the call is made; and

b) will give the information when the call is made.

Subsection 49(2) requires:

… the provider is not required to ensure that the service will give the call-taker the public number from which the call is made if:

a) the end user has made the call;

i. using the emergency service number 000 or 106 on a location independent communications service;… and

b) the provider is unable to identify the public number from which the call is made.

Subsection 49(3) requires that if an emergency call is made using the emergency number Triple Zero, 112 or 106 on a location independent communications service:

… the provider must ensure that the service gives the call taker all the relevant information that is available about the end users approximate location in accordance with industry Guideline ACIF G557:2007 Standardised Mobile Service Area and Location Indicator Register, published by Communications Alliance and as in force from time to time.

The guideline—G557: 2014 Location Information for Emergency Calls—provides guidance on what location information is available and its level of precision. Part 3 of the guideline requires the provision of an ‘ABC code’. This code identifies the state or territory the call is from, or that this information is unknown.

As mobile handsets have been able to make calls via Wi-Fi networks in Australia since late 2015, the ACMA seeks comment on whether the current location information requirements in section 49 of the ECS Determination are appropriate, or whether changes are required.

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Questions5.1 Are the current requirements in sections 14, 49, 52 and 52A of the ECS

Determination adequate? If not, what changes should be made?5.2 What requirements, if any, should be included in the ECS Determination

for AML when used in relation to ECS? 5.3 Are there any available means for VoIP service providers or SIP PSTN

gateway providers to provide location information to the ECS and ESOs for callers? If so, what requirements should be included in the ECS Determination?

6. Communication obligationsThe ACMA considers that clear communications protocols, which set out how and when all relevant stakeholders are made aware of a disruption to the ECS, are a critical component of ECS network disruption management. The consequences of not having adequate communication protocols in place was highlighted by the disruption to Triple Zero services on 4 May 2018. Some of the communication issues experienced on 4 May 2018 included:> lack of identification and communication of the issue> lack of regular updates from the ECP to CSPs and ESOs> lack of co-ordination between the ECP and ESOs> challenges with management of media, including mixed and conflicting messages.

Currently, the ECS Determination does not prescribe communication requirements for network disruptions that impact the ECS. While clause 4.6 of the industry code C536:2011 Emergency Call Service Requirements Code (ECSR Code) contains provisions about communicating information about network failures, the ACMA considers that these provisions lack specificity and do not create enforceable obligations.

Given the importance of clear and timely communication during a significant network outage, the ACMA’s position is that communication obligations should be included in the ECS Determination. This would allow for a broader range of enforcement options in the event of non-compliance than what is currently available for a contravention of the ECRS Code.

The ACMA is aware that the National Emergency Communications Working Group Australia and New Zealand (NECWG-A/Z) has developed Triple Zero disruption protocol recommendations, which aim to better manage a disruption to the community’s ability to contact the ECP and ESOs.

Stakeholders have expressed support for the inclusion of communication requirements in the ECS Determination. The ACMA seeks comment on whether the ECS Determination should contain high-level obligations and objectives, while operational details could be contained in another document. For example, operational details could be included in:> protocols developed as a result of the NECWG A/NZ recommendations > protocols developed by the ECP > in the ECSR Code.

The advantage of such an approach is that the operational details can then be amended as needed to ensure that they remain current and fit-for-purpose. The ACMA also notes that while the NECWG A/NZ protocol recommendations contain

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requirements for ESOs and ECPs, the ECS Determination can only place obligations on carriers, CSPs and ECPs.

Question6.1 What obligations should the ECS Determination place on the ECPs,

carriers and CSPs for communication with relevant stakeholders in the event of a disruption which impacts access to the ECS?

7. Integrated Public Number Database obligationsEfficient emergency service dispatch can only occur if ESOs have accurate information about the location of callers to the emergency service. Under current arrangements, the IPND is the primary source of information about the service location of fixed-line services. For mobile services, the IPND contains information about the billing address associated with the service. IPND information can be used by ESOs to assist with the dispatch of emergency services.

As the telecommunications industry has changed, other data sources have been increasingly used to supplement the IPND and to fill emerging gaps, particularly for the location of mobile phone users.

Regulatory requirements in relation to the IPND are set out in:> the Telecommunications Act 1997 (Part 4 of Schedule 2: Service Provider Rules) > the ECS Determination (Part 4)> C555:2017 Integrated Public Number Database (the IPND Code).

Requirements in the ECS DeterminationCSPs that supply an emergency telephone service to customers have obligations under Part 4 of the ECS Determination to:> ensure the IPND Manager receives accurate and up-to-date records of all public

numbers issued to customers, including the name and service address of the customer

> comply with minimum standards, which set out the time frame for updating the IPND

> comply with minimum standards, which set out the time frame for advising the IPND Manager of any ongoing updates to a customer’s service and correcting any errors that result from information updates.

Duplication of requirements in the IPND CodeA number of issues related to the IPND have been raised by stakeholders. Firstly, it has been noted that the IPND Code replicates a number of the obligations that are contained in the ECS Determination. It was suggested that these obligations could, therefore, be removed from the ECS Determination, with the exception of section 45, which requires the ECP for Triple Zero and 112 to arrange with the IPND Manager to access information. Alternatively, the IPND requirements could be retained in the ECS Determination, rather than the IPND Code.

Relevance of IPND informationThe issue of the ongoing relevance of the IPND as a source of location information has also been raised by stakeholders. Several stakeholders noted that the information contained in the IPND was unreliable, particularly in relation to mobile services. This is because the proliferation of email billing (for post-paid mobile services) and pre-paid mobile services has reduced the incentive for customers to advise their CSP of a

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change of address. This means that service address information contained in the IPND is often inaccurate. Stakeholders suggested that the IPND obligations for mobile numbers should be removed from the ECS Determination, as other technologies are now available that offer more accurate location information, such as AML, GPS and network information.

The alternate view was also expressed—that it is important to give the ESOs all of the available information to determine a caller’s location, so the IPND remains useful for this reason.

Question7.1 Should the duplication of IPND requirements in the ECS Determination and

IPND Code be addressed and, if so, how? If the obligations remain in the ECS Determination, should the requirements for mobile numbers be changed to take into account alternative sources of information?

8. ECSR CodeThe ECSR Code is an industry code registered under Part 6 of the Telecommunications Act. It places various operational requirements and expectations on carriers, CSPs and public number directory publishers for the emergency call service. The Code complements the ECS Determination and is broadly designed to:> ensure all end users of an emergency telephone service have access to the ECS in

case of emergencies or where a response is required from an ESO > ensure the operational effectiveness of the ECS Determination > ensure that the ECS obligations of carriers and CSPs are clearly documented and

understood > promote public understanding (for example, through public number directories) of

the ECS, including appropriate use, and advise that the disclosure of personal information to ESOs will occur as part of the emergency call process, in accordance with section 51 of the ECS Determination

> ensure effective communications of information between relevant parties where technical issues affect the operation of the ECS.

Question8.1 Are there any requirements that are currently contained in the ECSR

Code or any associated guidelines which should be included in the ECS Determination instead, to provide stronger regulatory protections?

9. Charging Charging requirements are contained in Part 5 of the ECS Determination. Section 53 requires CSPs to provide end-users access to the ECS free-of-charge. Sections 54 and 55 prohibit CSPs from charging ESOs and the ECPs for emergency calls (subject to certain exceptions—see subsections 54(4) and 55(4)), while section 56 prohibits ECPs from charging ESOs for emergency calls.

Question9.1 Are any changes required to the charging requirements in the ECS

Determination?

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10.Performance benchmarks Sections 32 and 33 of the ECS Determination set out the monthly performance benchmarks, which must be met by the ECPs for answering emergency calls for Triple Zero and 112, and 106 respectively. The benchmarks require that 85 per cent of calls are answered by a caller-taker within five seconds of reaching the relevant answering point for the call, and 95 per cent of calls are answered by a call taker within 10 seconds of reaching the answering point for the call.

It has been noted that as the benchmarks measure monthly performance, the benchmarks could be met even if there was significantly poor performance on individual days within the month. For example, the 85 per cent in five seconds measure could still be met if the ECP failed to answer calls for the equivalent of 4.5 days in a month. The ACMA seeks comment on whether consideration should be given to applying benchmarks on a daily basis, for example, 85 per cent of calls must be answered within five seconds, and 95 per cent answered within 10 seconds, every day of the year.

Question10.1 Should the ECS Determination include daily rather than monthly

performance benchmarks?

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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 ECS Determination. > Online submissions —submissions can be made via the comment function or by

uploading a document. The online consultation page provides details.> Submissions by post—can be sent to:

The ManagerNetworks and National InterestsCommunications Safeguards and NetworksAustralian Communications and Media AuthorityPO Box 78Belconnen ACT 261

The closing date for submissions is COB, Monday 12 November 2018.

Electronic submissions in Microsoft Word or Rich Text Format are preferred.

Enquiries> Consultation enquiries can be emailed to ECSD_Review@acma.gov.au.> Media enquiries can be made by phone to 02 9334 7719 or by email to

media@acma.gov.au.

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, including any personal information in the submissions (such as names and contact details of submitters). 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 (including any personal information) 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 various other government agencies and certain other parties 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

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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.

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.

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 that 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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