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Wednesday, 15 May 2002
Page: 1653


Senator Allison asked the Minister for Communications, Information Technology and the Arts, upon notice, on 7 March 2002:

(1) When does Telstra expect to install a full telephone service that will allow answer phone and message bank facilities and internet connection, etc. for the Kurungal Aboriginal Council in the West Kimberley region of Western Australia.

(2) Given that the application was made for a telephone connection on 4 December 2001, what is the reason for the delay.

(3) Is it the case that an `interim service' was supplied on 1 March 2002, as promised; if not, why not.

(4) What compensation is payable for this delay in telephone service connection.


Senator Alston (Minister for Communications, Information Technology and the Arts) —The answer to the honourable senator's question is as follows:

(1) While the Kurungal Aboriginal Council has been provided with an interim solution for the provision of telephone services, Telstra expects that a permanent solution providing answer phone, limited Easycall facilities and internet connection will be available by mid-September 2002. This date has been agreed to by Kurungal Aboriginal Council's authorised representative. Messagebank facilities will not be available—this is understood by the Council and accepted by it. The universal service obligation (USO) does not require the provision of enhanced calling features.

Telstra is also currently discussing with the Council the provision of broadband access using two-way satellite provided under the Government's Extended Zone tender.

(2) On the basis that the Kurungal community is in a remote location the relevant connection timeframes required under the USO and CSG are: 15 days if available infrastructure already exists; or 6 months where infrastructure is not available. In addition customers can agree to longer timeframes. There is also scope for Telstra to provide an interim service for up to 12 months as a transitional measure.

Telstra received an application from the Kurungal Aboriginal Council's authorised representative for five new service connections on 22 January 2002. This is the relevant date for measuring compliance with connection timeframes.

Telstra subsequently identified that there may be wireless infrastructure available to provide two permanent services. Telstra is discussing with Kurungal Aboriginal Council whether the community wishes to make use of this infrastructure given its request for five services.

(3) As Telstra was unable to provide the requested permanent services within the required timeframe, due to a lack of infrastructure, it was obliged, under the USO, to offer the community interim services. Telstra, after discussion with the Kurungal Aboriginal Council's representative, forwarded the necessary paperwork for the provision of the interim service to the Council for its completion.

The paperwork was returned to Telstra on 5 February 2002. An interim service was required to be supplied within 30 working days of the original request for a new service, plus an extra working day for each working day between Telstra offering the service and the community agreeing in writing to it.

Telstra advises that record flooding in the Fitzroy River basin from 23 February prevented access to the community and, therefore, prevented provision of an interim service by 1 March 2002 as planned. Telstra advises that the earliest it was able to access the community and install the service was 12 March 2002. (This was still within the applicable USO timeframe.)

(4) The provision of interim services is provided for under the USO. Telstra appears to have satisfied the USO requirements for providing interim services.

Telstra advises that the community was informed of Telstra's legal obligations under the USO and CSG and agreed to both the interim service arrangements and the delivery of a permanent service within an extended timeframe. Telstra also advises that it is discussing further with the community the use of available wireless infrastructure.

As Telstra appears to have worked cooperatively with the community in this matter and obtained its agreement on arrangements to date, it seems Telstra has and will satisfy USO and CSG requirements in this matter.

If the community considers Telstra has not met its USO or CSG obligations it should raise the matter in the first instance with Telstra. Should it be dissatisfied with Telstra's response, the community should then raise its concerns with the Telecommunications Industry Ombudsman (TIO) and/or the ACA.