Document ID: chunk:federal_register_of_legislation:F2023C00199:reg:4:p4
Version: federal_register_of_legislation:F2023C00199
Segment Type: reg
Provision Reference: reg 4 (pt 4/5)
Character Range: 10219–13322

a company which has the following functions:
 (a) selling and supplying eligible services to end‑user customers using the designated telecommunications network; and
 (b) negotiating or establishing supply contracts with end‑user customers.
specified broadband service means a carriage service which has the following characteristics;
 (a) it enables end‑users to download communications; and
 (b) its download transmission speed is normally 6 megabits per second or more; and
 (c) it is supplied using a line to premises occupied or used by an end‑user.
specified carrier means a carrier that either owns or operates a designated telecommunications network at any time on or after the commencement of this Declaration, and where the context permits, includes a wholesale company.
specified HFC network means:
 (a) a telecommunications network that is used to supply carriage services and the line component of which consists of optical fibre to connecting nodes, supplemented by coaxial cable connections from the nodes to the premises of end‑users; and
 (b) which was in existence prior to 1 January 2011. For the avoidance of doubt, any extensions to such a network made on or after 1 January 2011 are to be treated as forming part of a 'specified HFC network' for the purposes of this Determination.
superfast carriage service has the same meaning as in subsection 141(10) of the Act (as that section stood immediately before the commencement of Schedule 2 to the Telecommunications Legislation Amendment (Competition and Consumer) Act 2020).
universal service obligation has the meaning given in section 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
wholesale company means a company which has the following functions:
 (a) selling and supplying eligible services to carriers, carriage service providers and the retail company (wholesale customers) using the designated telecommunications network; and
 (b) where required, providing (or arranging for the provision of) service activation and network provisioning, and fault detection, handling and rectification and similar functions, in respect of the designated telecommunications network; and
 (c) negotiating or establishing access agreements with its wholesale customers. For the avoidance of doubt, additional functions of the wholesale company may include controlling or operating the designated telecommunications network but these are not mandatory functions.
Note: Several other words and expressions used in this Declaration have the same meaning given by the Telecommunications Act 1997 (paragraph 13(1)(b) of the Legislation Act 2003). For example:
 ‑ carriage service;
 ‑ carriage service provider;
 ‑ carrier;
 ‑ customer cabling;
 ‑ customer equipment;
 ‑ facility;
 ‑ main distribution frame;
 ‑ real estate development project; and
 ‑ telecommunications network.
 (2) Where the specified carrier uses a designated telecommunications network to supply carriage services to carriers or carriage service providers, and those carriers and carriage service providers:
 (a) are each:
 (i) related body