carrier service provider regulations
FAQ for customers purchasing Australia Domestic Services
This document provides high level summary information about carriage service providers’ (CSP) regulatory obligations both as a wholesale provider to other CSP’s and also relating to consumer regulatory (Telco Dispute Resolution, Emergency Services Support, Smart numbers and Law Enforcement and Legal Intercepts). It also outlines the support which Symbio may agree to provide its customers. It is provided as high-level guidance to Symbio’s wholesale customers and is not to be distributed.
Symbio has taken reasonable steps to provide information which it considers accurate as at the date of this document however the information is high level and may be incomplete. It is not intended to be relied on as legal advice.
Customers are recommended to obtain their own legal advice in relation to their legal and regulatory obligations.
The Australian Telecommunications Industry Ombudsman (TIO) provides an independent dispute resolution service for consumer telephone and internet complaints.
For organisations that provide or resell telecommunications services to consumers, it is mandatory to be a member of the TIO. Detailed information is available on the TIO's website.
As a member organisation with the TIO, you may be required to comply with the Telecommunications Consumer Protections Code (TCP Code). This is a code of conduct designed to ensure good service and fair outcomes for all Consumers of Telecommunications Products in Australia. All Carriage Service Providers (CSP's) who supply Telecommunications Products to Consumers in Australia are required to observe and comply with the Code.
CSP's who are subject to TCP Code requirements will also need to register and provide an Annual Attestation to Communications Compliance. This Attestation is required to be submitted to demonstrate how a CSP is complying with the TCP Code.
TIO fees are determined by the Telecommunications Industry Ombudsman and may change over time. Please refer to the TIO website for current fees.
Regulatory requirements and industry codes are subject to change. While every effort is made to keep this information current, readers should refer to the latest legislation, ACMA guidance, and the TCP Code for the most up-to-date requirements.
Smartnumbers are a subset of the 13, 1300 (local rate) or 1800 (freephone) telephone numbers available within Australia. These are traditionally used by individuals, businesses and governments to provide inbound information services. Smartnumbers have distinctive patterned numbers such as 1300 222 222 or include phone words like 13 CATS (13 2287) or 1300 FLIGHT (1300 354448). These combinations may be considered to be powerful marketing tools with key numbers e.g. 13 TAXI and 13 CABS. Local rate and freephone.
Smartnumbers can be purchased by anyone including individuals, business and other entities through the ACMA Numbering System. Prices start from $250. When the payment is made through credit card, the number is allocated immediately. Find out more about costs.
Once the rights to use Smartnumbers have been purchased, the owner can ask a CSP to connect a service to it. The rights of use also allows the owner to hold the number without a service for up to three years. This is different to the rights that an end user has to any other number allocated to a service provider and provided to an end user as part of a service.
All other numbers are allocated to carriage service providers and provided to end users as part of a service. Telephone numbers are allocated and regulated by law. The right to use them may cease on termination of the services in respect of which it is used or if the number is required by the numbering regulations to be changed. Typically, end users who receive a number (local rate, freephone, mobile, geographic) as part of a service are able to port (move) that number to another provider at their request but do not have the right to hold the number without an active service. Number porting is covered by the relevant portability code:
The Integrated Public Number Database (IPND) Code C555:2024 is an industry-wide database containing all listed and unlisted public telephone numbers and their service addresses. It is managed by Telstra acting as a the IPND Manager and is used by Australian emergency and security agencies to identify the service address of a phone number. Telecommunication companies are required to submit the contact details for all end-users they provide telecommunication services to.
This is highly regulated under the IPND Code, which all CSPs are required to adhere to. Mobile and VoIP services have an additional flag set to indicate that the service is nomadic. This triggers a specific call flow to confirm the location of the caller.
To learn more about IPND, see ACMA IPND guidance and the IPND checklist for CSPs.
Symbio can act as the Data Provider for the wholesale customer. This involves the wholesale customer registering with the IPND Manager, obtaining a unique CSP code / Data Provider Code and notifying the IPND Manager that they will be submitting IPND data via Symbio as Data Provider. If Symbio agrees to act as the Data Provider for the purpose of submitting data to the IPND, the wholesale customer would then submit their end-user data to Symbio in a prescribed form for Symbio to submit to the IPND Manager against the wholesale customer’s CSP Code. If the IPND Manager notifies an error in relation to the data submitted, Symbio will notify the wholesale customer of the error.
If the customers of the wholesale customer are not end users butcarriage service providers, then the wholesale customer is responsible for suring that CSP Codes as required, and that the relevantCSP Code is submitted to Symbio together with the end user data.
Where a wholesale customer is located outside of Australia, but sells AU numbers, they must also apply to the IPND Manager for a CSP code.
Even if Symbio acts as the Data Provider for their wholesale customers, there are other obligations which those wholesale customers, as CSPs, must fulfil under the IPND Code, which are not described in this document. Please refer to the IPND for more information.
If Symbio agrees to provide this assistance, Symbio’s sole responsibility is to receive end user data from their wholesale customer and submit it to the IPND Manager in the prescribed form. They will provide the customer with any error notice it receives from the IPND Manager. The customer remains responsible for all other areas of compliance including collecting information from their end user customers and complying with relevant privacy laws.
Scam is treated seriously in Australia and all CSP's have responsibilities under the revised Scam Code of 2022. All CSP's must co-operate with each other and government agencies (ACMA and ACCC) to reduce scam traffic via both voice (Calls) and messaging (SMs).
The Scam Code sets out processes for identifying, tracing, blocking and otherwise disrupting Scam Calls and Scam SMs. The process is built on information sharing between Carriers and CSPs as well as information sharing between industry and relevant government agencies.
There are obligations to notify the ACMA at various stages in the investigation and tracing process (for both Scam Calls and Scam SMSs) to enable a holistic view of where combating scam traffic is occurring.
CSPs are required to adhere to the tracing process defined in the Scam Code and to share and provide information requested of them with the relevant government agency (primarily the ACMA). There are also requirements for CSPs to block traffic and to advise when traffic is confirmed as scam and the type of scam it is.
CSPs should also understand their customers use of Numbers, as Originating C/CSPs must prevent carriage of calls where the Calling Party does not hold Rights of Use to the Number.
The Telecommunications Act 1997 and particularly, Telecommunications (Interception and Access) Act 1979 (TIA Act) imposes obligations on carriers and carriage service providers. In regard to the provision of interception facilitates, they set the conditions under which a service may be intercepted and the actions required of the various parties involved. The Telecommunications (Interception and Access) Act is administered by the Attorney-General' Department.
In general terms, unless exempted, all carriers and carriage service providers must provide facilities which enable them to execute a warrant for interception and to provide special assistance to law enforcement and national security agencies. All carriers and certain nominated carriage service providers* are also required to submit an annual Interception Capability Plan outlining the carrier's or carriage service provider's policies in relation to interception and their strategies for complying with their obligations to the Communications Access Co-Ordinator (the CAC).
Symbio has call interception capability for calls collected or terminated through our network. This includes calls made or received by a customer's end-users. To setup call interception, we require the following:
For more information, refer to the ACMA website.
As the information contained in this documents limited to specific topics, please ensure as a carriage service provider you are aware of other legal and regulatory obligations, which you must adhere to.
Customers are directed to the regulator's website.
The information on this page is provided as general guidance only and may not reflect the most recent regulatory changes. Telecommunications providers should regularly review updates from the ACMA, ATA and other relevant regulatory bodies to confirm their current compliance obligations.
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