Telecommunications Service Provider (International Mobile Roaming) Determination 2019 (Cth)

Telecommunications Service Provider (International Mobile Roaming) Determination 2019

The Australian Communications and Media Authority makes the following instrument under subsections 99(1) and 125AA(1) of the Telecommunications Act 1997

Dated 17 December 2019

Nerida O'Loughlin [signed] Member

Chris Jose [signed] Member/General Manager

Australian Communications and Media Authority

Contents 1 Name 2 Commencement 3 Authority 4 Definitions 5 Repeal 6 Application 7 Customers to be offered a preferred method of communication option 8 Mobile network operators to send information about supply of an IMR service 9 Mobile network operators who supply carriage services to another CSP to send information about supply of an IMR service 10 Mobile virtual network operators to send information about supply of an IMR service 11 CSPs to otherwise send maximum charge information 12 CSPs to make available method to decline an IMR service 13 CSPs to make available spend management tools for an IMR service Schedule 1—Repeal

1 Name This instrument is the Telecommunications Service Provider (International Mobile Roaming) Determination 2019.

2 Commencement This instrument commences on 1 July 2020.

Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

3 Authority This instrument is made under subsections 99(1) and 125AA(1) of the Telecommunications Act 1997.

4 Definitions In this instrument: ACMA means the Australian Communications and Media Authority. Act means the Telecommunications Act 1997 (Cth). AUD means Australian dollars. automatic prepayment means a prepayment of future possible charges that occurs with the consent of the customer, but without requiring the customer to authorise each individual prepayment. automatic pre-pay service means a telecommunications product in relation to which automatic prepayment is enabled. BSA means the Broadcasting Services Act 1992 (Cth). charge means the tariff or fee which a supplier levies on a consumer for the provision of a telecommunications product or a related transaction. consumer means: (a) an individual who acquires or may acquire one or more telecommunications products for the primary purpose of personal or domestic use and not for resale; or (b) a business or non-profit organisation which acquires or may acquire one or more telecommunications products which are not for resale and which, at the time it enters into a customer contract: (i) does not have a genuine and reasonable opportunity to negotiate the terms of the customer contract; and (ii) has or will have an annual spend with the supplier which is, or is estimated on reasonable grounds by the supplier to be, no greater than AUD 40,000. CSP means a carriage service provider. current usage estimate means the following details, current at the time of the enquiry, or at a time within the 48 hours previous to the enquiry: (a) in the case of a post-paid service, the actual usage of the service and the charges incurred that have not yet been billed to the customer; (b) in all other cases, the actual usage of the purchased telecommunications product, and the amount of the product that has been used. customer means a consumer who has entered into a customer contract with a supplier. customer contract means an arrangement or agreement between a supplier and a consumer for the supply of a telecommunications product to that consumer, including but not limited to an arrangement or agreement of that kind based on a standard form customer contract. excluded satellite service means a satellite service that may be used by a customer in an overseas location at the same or lesser charge for the same service as in Australia. flagfall means a charge for establishing a telephone call. IMR-enabled device means a digital device capable of receiving an IMR service. IMR service means an international mobile roaming service. IMR service inclusive plan means a mobile post-paid service plan under which a consumer receives an IMR service which includes an unlimited allowance for calls, SMS, MMS and/or data. included value pack means an arrangement by which a consumer receives an IMR service which includes a set allowance for calls, SMS, MMS and/or data. included value plan means a mobile post-paid service plan under which a consumer receives a set monthly allowance for calls, SMS, MMS and/or data which is of greater value than the minimum monthly charge. international mobile roaming service means a carriage service that is not an excluded satellite service and enables a customer to automatically and seamlessly do any or all of the following: (a) make, send, access or receive voice calls, SMS or MMS; (b) download and upload data, when travelling overseas outside the normal coverage area without losing the connection. maximum charge information means: (a) in relation to a customer's telecommunications product in an overseas location which is not part of an included value pack or IMR service inclusive plan: (i) the maximum charge in AUD for making a 1-minute call to Australia from the overseas location (including flagfall or any additional charges where applicable); (ii) the maximum charge in AUD for making a 1-minute call to a number within the overseas location (including flagfall or any additional charges where applicable); (iii) the maximum charge in AUD for receiving a 1-minute call within the overseas location (including flagfall or any additional charges where applicable); (iv) the maximum charge in AUD for sending an SMS message to Australia from the overseas location; (v) the maximum charge in AUD for sending an SMS message within the overseas location; (vi) the maximum charge in AUD for receiving an SMS message within the overseas location; (vii) the maximum charge in AUD for sending an MMS message to Australia from the overseas location (where applicable); (viii) the maximum charge in AUD for sending an MMS message within the overseas location (where applicable); (ix) the maximum charge in AUD for receiving an MMS message within the overseas location (where applicable); (x) the maximum charge in AUD for using one megabyte of data in the overseas location; (b) in relation to a customer's telecommunications product in an overseas location which is part of an included value pack: (i) the maximum value, in AUD, of calls, SMS, MMS and/or data services included in the included value pack; (ii) the information specified in subparagraphs (a)(i)-(x) of this definition for any IMR service which is: (A) not provided to the customer as part of the included value pack on an unlimited basis; or (B) excluded from the included value pack; (c) in relation to a customer's telecommunications product in an overseas location which is part of an IMR service inclusive plan, the information specified in subparagraphs (a)(i)-(x) of this definition for any IMR service which is: (i) not provided to the customer as part of the IMR service inclusive plan on an unlimited basis; or (ii) excluded from the IMR service inclusive plan. MMS means multimedia message service. MMS message means a message or series of messages sent using MMS. mobile network operator means a CSP that provides a public mobile telecommunications service through its own telecommunications network. mobile virtual network operator means a CSP that provides a public mobile telecommunications service, but does not use its own telecommunications network to do so. post-paid service means a telecommunications product that can be used fully or in part prior to being paid for by the consumer. preferred method of communication means the method of communication that a customer has selected as their preferred method of communication with their CSP and may include, without limitation: (a) an SMS message; (b) an email communication to a specified email address; (c) a notification through the CSP's software application or program which may be downloaded onto a device. Note: Under subsection 7(8), if a customer has not selected a preferred method of communication with their CSP, the customer is deemed to have selected SMS as their preferred method of communication, unless the customer has a data only plan. In the latter case, the preferred method of communication is deemed to be the method of communication offered by the CSP under paragraph 7(2)(b). satellite service means a carriage service where customer equipment used in connection with the supply of the service communicates directly with a satellite-based facility. SMS means short message service. SMS message means a message or series of messages sent using SMS. spend management tool means a tool made available to a customer by a CSP to assist the customer to take timely action to limit or otherwise manage their usage or expenditure in relation to a particular telecommunications product. standard form customer contract means a standard form of agreement which is formulated by a CSP for the purposes of section 479 of the Act. subscription broadcasting service has the meaning given in the BSA. subscription television narrowcasting service has the meaning given in the BSA. supplier means a CSP who supplies a listed carriage service to the public. telecommunications goods means goods supplied by a supplier for use in connection with the supply of a telecommunications service, whether or not the goods are supplied in conjunction with, or separately from, a telecommunications service. telecommunications product includes telecommunications goods and telecommunications services. telecommunications service means: (a) a listed carriage service and any service supplied by a supplier in connection with that service; and (b) a content service (other than a subscription broadcasting service or a subscription television narrowcasting service) provided by the supplier in connection with the supply of a listed carriage service. Note: A number of expressions used in this instrument are defined in the Act, including the following: (a) Australian number (section 7); (b) carriage service (section 7); (c) carriage service provider (sections 7 and 87); (d) content service (sections 7 and 15); (e) customer equipment (sections 7 and 21) (f) listed carriage service (sections 7 and 16); (g) public mobile telecommunications service (sections 7 and 32); and (h) telecommunications network (section 7).