Document ID: chunk:federal_register_of_legislation:F2022L00439:reg:5:p1
Version: federal_register_of_legislation:F2022L00439
Segment Type: reg
Provision Reference: reg 5 (pt 1/2)
Character Range: 2161–5196

5  Direction
 (1) I direct the ACCC to hold a public inquiry under Division 3 of Part 25 of the Act, commencing no later than 1 July 2022, in relation to:
 (a) access to towers and associated passive and active infrastructure provided by telecommunications and other infrastructure providers in regional, rural, remote and peri-urban areas within Australia, that can be used in the supply of mobile telecommunications and other radiocommunications services; and
 (b) the feasibility of temporary mobile roaming services to be provided during natural disasters and other such emergencies.
Note 1: For the purposes of  paragraph (a), reference to 'telecommunications and other infrastructure providers' includes specialist tower operators, neutral host operators, telecommunications carriers, owners of other suitable infrastructure, utilities, and emergency service organisations.
Note 2: Under section 505 of the Act, the ACCC must prepare a report setting out its findings as a result of the inquiry and give a copy to the Minister. The ACCC is expected to provide a copy of this report to the Minister as soon as is reasonably practicable, or otherwise within 12 months from the commencement of this inquiry.
 (2) The ACCC must have regard to all of the following matters (without limitation) in connection with the conduct of the inquiry:
 (a) the costs of providing towers and associated passive and active infrastructure that can be used by third party telecommunications providers and others to supply mobile telecommunications and other radiocommunications services;
 (b) the costs of accessing land to provide the towers and associated infrastructure referred to in paragraph (a);
 (c) the existing commercial and other fee arrangements under which third party telecommunications providers and other likely users can access the towers and associated infrastructure referred to in paragraph (a), including the considerations that contribute to establishing such fee arrangements (such as the costs of providing such access, as distinguished from the costs of providing the towers and associated infrastructure);
  (d) the effectiveness of current commercial and regulatory arrangements in enabling third party telecommunications providers and other likely users to access  the towers and associated infrastructure referred to in paragraph (a);
 (e) the kinds of matters (including the impact of costs) providers of the towers and associated infrastructure referred to in paragraph (a) consider in deciding to:
 (i) provide the towers and associated infrastructure referred to in paragraph (a); and
 (ii) provide access to such towers and infrastructure.
 (f) how the kinds of matters described in paragraph (e) may affect the provision of greater mobile coverage;
 (g) the implications (if any) for the provision of access to towers and associated infrastructure referred to paragraph (a) of mobile carriers divesting their tower and associated infrastructure businesses, including (without limitation):
 (i) the scope of access