Document ID: chunk:federal_register_of_legislation:F2023L00221:clause:1_8:p2
Version: federal_register_of_legislation:F2023L00221
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 2/4)
Character Range: 23067–26143

under paragraph (4)(b) that the primary universal service provider reconsider the decision not to provide a service to that person, and the primary universal service provider decides that the circumstance in subparagraph 7(1)(a)(iv) continues to apply to that person's request for a standard telephone service, the primary universal service provider must, within 10 business days of deciding that the circumstance continues to apply, send to the person making the request, a statement in writing setting out:

         (a)    the decision of the primary universal service provider that the obligation to supply a standard telephone service does not apply to the request; and
         (b)    the reliance of the primary universal service provider in basing its decision not to supply a standard telephone service on:
(i)         the personal credit history of the person making the request; or
(ii)       any other relevant grounds; and
(c)    the entitlement of the person making the request to dispute that the      circumstance in subparagraph 7(1)(a)(iv) applies to the request by:
           (i)         requesting the primary universal service provider to reconsider whether the grounds referred to in paragraph (b) exist or are a proper basis for the primary universal service provider to form the view that the obligation to supply a standard telephone service does not arise; or
(ii)       complaining to the Telecommunications Industry Ombudsman, following such a request for reconsideration; and
         (d)    how the person making the request can contact the primary universal service provider and the Telecommunications Industry Ombudsman.
Note: The Telecommunications Industry Ombudsman will not investigate or facilitate the resolution of a complaint made following a request for reconsideration where it determines that:
               (a)     the person making the request is not a person who may make a complaint to the Telecommunications Industry Ombudsman; or

               (b)     the Telecommunications Industry Ombudsman does not have the jurisdiction to investigate or facilitate the resolution of that complaint.

(6)    A primary universal service provider must, within 10 business days of deciding that the circumstance in subparagraph 7(1)(a)(v) applies to the request, send to the person making the request a statement in writing setting out:

        (a)    the decision of the primary universal service provider that the obligation to supply a standard telephone service does not apply to the request; and
(b)    the reliance of the primary universal service provider in basing its decision not to supply a standard telephone service on information provided by the person making the request to the primary universal service provider; and
(c)    the entitlement of the person making the request to dispute the decision not to supply a standard telephone service by:
             (i)     requesting the primary universal service provider to reconsider whether the grounds referred to in paragraph (b) exist or are a proper basis for the primary