Document ID: chunk:federal_register_of_legislation:C2024C00742:section:143:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 143 (pt 1/2)
Character Range: 285724–288393

143  Supply of eligible services to be on wholesale basis—networks in existence before the designated commencement date etc.

Scope
 (1) This section applies to a local access line if:
 (a) the local access line is part of the infrastructure of a telecommunications network in Australia; and
 (b) the network is used, or proposed to be used, to supply a superfast carriage service wholly or principally to residential customers, or prospective residential customers, in Australia; and
 (c) the network is not the national broadband network; and
 (d) either:
 (i) the network came into existence on or after 1 January 2011, but before the designated commencement date; or
 (ii) the network was altered or upgraded on or after 1 January 2011, but before the designated commencement date, and, as a result of the alteration or upgrade, the network became capable of being used to supply a superfast carriage service to residential customers, or prospective residential customers, in Australia.
Note 1: See also section 156 (deemed networks).
Note 2: For exemptions, see sections 143A to 151.

Use of network
 (2) If a person (the first person):
 (a) is in a position to exercise control of the network; or
 (b) is an associate of a person who is in a position to exercise control of the network;
the first person must not use the line, either alone or jointly with one or more other persons, to supply an eligible service unless the service is supplied to:
 (c) a carrier; or
 (d) a service provider.
Note: For when a person is in a position to exercise control of a network, see section 155.
 (3) Subsection (2) does not apply to the use of the line if a functional separation undertaking given by the first person is in force, unless:
 (a) the ACCC has given a notice under section 151W revoking the undertaking; and
 (b) the revocation has not taken effect; and
 (c) the line came into existence after the notice was given.
Note 1: A functional separation undertaking relates to the supply of eligible services using a local access line, irrespective of when the line came into existence.
Note 2: See also section 142B.
 (4) Subsection (2) does not apply to the use of the line if:
 (a) the Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014 is in force; and
 (b) the line is part of the infrastructure of a designated telecommunications network (within the meaning of that declaration); and
 (c) a carrier owns or operates the network; and
 (d) as a result of the application of section 5 of that declaration to the network, the carrier licence held by the carrier is subject to the conditions set out