Document ID: chunk:federal_register_of_legislation:F2020C01083:reg:9:p1
Version: federal_register_of_legislation:F2020C01083
Segment Type: reg
Provision Reference: reg 9 (pt 1/3)
Character Range: 17254–20201

9  Requirement to supply an interim service

       (1)          An interim service must be supplied to a consumer by the NBN CSP where:

           (a)          the migration at the consumer's premises has been unsuccessful, and is unlikely to be successful within three working days of the NBN CSP becoming aware of the unsuccessful migration;

           (b)          the migration at the consumer's premises has been successful, but an operational NBN service has not been supplied to the consumer and cannot be supplied to that consumer within three working days of the NBN CSP becoming aware that the consumer's NBN service is not operational; or

           (c)          both:

              (i) the migration at the consumer's premises has not been attempted and is not likely to be attempted within 3 working days; and

              (ii) the consumer's legacy service has been disconnected by the legacy CSP other than for a valid reason,

       unless an exception in subsection (2) applies.

       Note: The requirement to provide an interim service under paragraph 9(1)(c) applies whether or not the migration at the consumer's premises is a parallel migration.

       Exceptions to the requirement to supply an interim service

       (2)          The requirement to supply an interim service does not apply where:

           (a)          the NBN CSP has agreed with the consumer on an alternative arrangement: or

           (b)          the NBN CSP has:

              (i) sought the consumer's consent to supply the interim service and the consumer does not consent to the supply of the interim service; and

              (ii) has agreed with the consumer on an alternative arrangement; or

         (c)   the NBN CSP is supplying an NBN backup service to the consumer.

           Note: Under section 11 the NBN CSP must advise the consumer of specified matters as soon as possible after becoming aware of the matter in subsection 9(1), and before obtaining the consumer's consent to the supply of the interim service.

       (3)          For paragraph (2)(a) and subparagraph 2(b)(ii), a consumer must have expressly agreed on an alternative arrangement and not as part of a standard form of agreement formulated by a carriage service provider for the purposes of section 479 of the Act.

   10  Conditions for the supply of an interim service by an NBN CSP

       (1)           Where the requirement to supply an interim service under subsection 9(1) applies:

           (a)           the amount payable by a consumer to the NBN CSP for the supply of the interim service must not exceed the monthly fee applicable to the lowest speed tier plan offered by the NBN CSP; and

           (b)           when the interim service ceases to be supplied, the costs of returning any equipment used in the supply of the interim service must be borne by the NBN CSP.

           Note: An NBN CSP may provide a refund or credit to a