Document ID: chunk:federal_register_of_legislation:C2025C00189:section:152ar:p3
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 152AR (pt 3/3)
Character Range: 1873062–1874920

If an access provider supplies an active declared service by means of conditional‑access customer equipment, the access provider must, if requested to do so by a service provider who has made a request referred to in subsection (3), supply to the service provider any service that is necessary to enable the service provider to supply carriage services and/or content services by means of the active declared service and using the equipment.

Exceptions
 (9) This section does not impose an obligation on an access provider if there are reasonable grounds to believe that:
 (a) the access seeker would fail, to a material extent, to comply with the terms and conditions on which the access provider complies, or on which the access provider is reasonably likely to comply, with that obligation; or
 (b) the access seeker would fail, in connection with that obligation, to protect:
 (i) the integrity of a telecommunications network; or
 (ii) the safety of individuals working on, or using services supplied by means of, a telecommunications network or a facility.

Examples—paragraph (9)(a) grounds
 (10) Examples of grounds for believing as mentioned in paragraph (9)(a) include:
 (a) evidence that the access seeker is not creditworthy; and
 (b) repeated failures by the access seeker to comply with the terms and conditions on which the same or similar access has been provided (whether or not by the access provider).

Starting date for obligations
 (11) An obligation imposed by this section does not arise before 1 July 1997.

Definitions
 (12) In this section:
pre‑request right, in relation to a request made for the purposes of paragraph (3)(a), means a right under a contract that was in force at the time when the request was made.
protected contractual right means a right under a contract that was in force at the beginning of 13 September 1996.