Document ID: chunk:federal_register_of_legislation:C2024A00036:clause:1_360hc:p2
Version: federal_register_of_legislation:C2024A00036
Segment Type: clause
Provision Reference: sch 1 cl 360HC (pt 2/3)
Character Range: 31983–34733

carriage service provider's estimate of the time when the first carriage service provider is likely to commence to use the facility as mentioned in paragraph (g); and
 (i) do so within 20 business days after:
 (i) if subparagraph (d)(i) or (ii) applies—the day on which the facility began to be installed; or
 (ii) if subparagraph (d)(iii) applies—the day on which the contractual arrangement was entered into.

            Note: For the format of the description of the area, see section 360LA.

Nominated service area—building redevelopment project
 (2) If:
 (a) a facility has been, is being, or is to be, installed in, or in proximity to, the project area of a building redevelopment project; and
 (b) the facility is not part of the infrastructure of a telecommunications network; and
 (c) there is no nominated service area that:
 (i) consists of, or includes, the project area; and
 (ii) is attributable to a declaration under section 360H or 360HB; and
 (d) any of the following conditions is satisfied in relation to a carriage service provider (the first carriage service provider):
 (i) the first carriage service provider is or will be in a position to exercise control of the facility;
 (ii) the first carriage service provider is an associate of a person who is or will be in a position to exercise control of the facility;
 (iii) the first carriage service provider has entered into a contractual arrangement with the person responsible for the real estate development project, where the contractual arrangement relates to the facility; and
 (e) if subparagraph (d)(i) or (ii) applies—the facility began to be installed on or after 1 July 2024; and
 (f) if subparagraph (d)(iii) applies—the contractual arrangement was entered into on or after 1 July 2024; and
 (g) when the first carriage service provider commences to use the facility:
 (i) to supply carriage services to end‑users at premises in the whole or a part of the project area; or
 (ii) to supply an eligible service to another carriage service provider in order that the other carriage service provider can provide carriage services to end‑users at premises in the whole or a part of the project area;
  the first carriage service provider will be required, by subsection 360HB(6), to declare that the whole or the part, as the case requires, of the project area is a provisional nominated service area for the purposes of this Part;
the first carriage service provider must:
 (h) give the ACMA a written notice that:
 (i) if subparagraph (d)(i) or (ii) applies—sets out the day on which the facility began to be installed; and
 (ii) if subparagraph (d)(iii) applies—sets out the day on which the contractual arrangement was entered into; and
 (iii) specifies the whole or