Consultation paper
OCTOBER 2014
Canberra
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acma | iii
Contents (Continued)
1. Overview 4
1.1 Introduction 4
1.2 Regulatory framework 5
1.3 The proposed changes 6
2. The draft Numbering Plan2015 8
2.1 Re-making of the Numbering Plan and consolidation of
associated numbering instruments 8
2.2 Removing discretionary decision-making for number
transactions 9
2.3 Moving from an auction to an over-the-counter allocation
process for smartnumbers® 12
2.4 Simplifying the language and applying best-practice
legislative drafting 13
2.5 Implementing minor amendments from the Numbering
Work Program 15
3. Additional issues for comment 17
Appendix A 22
Invitation to comment 24
Making a submission 24
acma | xiii1. Overview
1.1 Introduction
This 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Part 6 of the Legislative Instruments Act 2003, most legislative instruments ‘sunset’ (that is, they are automatically repealed) on the 1 April or 1 October that first occurs 10 years after they are registered on the Federal Register of Legislative Instruments (FRLI).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 1April 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 12September 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]
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 framework
The 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 changes
The 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.
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 consultation
Number portability
Limited 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.
2. The draft Numbering Plan2015
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. Table1 describes the relevant instruments.
Table 1 Numbering Plan and associated instruments due to sunset in 2015Instrument / Sunset dates / Description
Telecommunications 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 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]
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).