Document ID: chunk:federal_register_of_legislation:F2020C01083:reg:14:p3
Version: federal_register_of_legislation:F2020C01083
Segment Type: reg
Provision Reference: reg 14 (pt 3/5)
Character Range: 28776–31710

to remediate the issue and establish an operational NBN service as soon as possible; and

           (c)          the measures that can be instituted to avoid similar problems in other cases.

       (8)          An NBN CSP is not required to prepare a plan mentioned in subsection (2) or complete a technical audit under subsection (6) where it determines on reasonable grounds that the reason why the NBN service is not operational is due to:

           (a) an issue on the consumer's side of the boundary of a telecommunications network; or

           (b) NBN Co not having completed remediation steps that must be undertaken in order for the NBN service to be operational.

   17 Information to be supplied to consumers about the use of a consumer supplied modem

       (1) This section applies when:

           (a)          a consumer seeks to enter into a consumer contract with an NBN CSP for the provision of an NBN service; and

           (b)          the consumer notifies the NBN CSP that they intend to use a consumer supplied modem in connection with the supply of the NBN service.

       (2) Prior to entering into the consumer contract with the consumer, the NBN CSP must:

           (a) advise the consumer that:

              (i) it is required to undertake post-migration testing under this determination; and

              (iii)  it may be unable to perform that testing if the consumer uses a consumer supplied modem in connection with the supply of the NBN service; and

           (b) following the provision of advice under paragraph (a), obtain express confirmation from the consumer that:

              (i) they understand that post-migration testing under this determination may not be able to be performed; and

              (ii)  they will need to inform their NBN CSP of any issues with their NBN service before those issues will be rectified.

(3) If:

           (a) a consumer is using a consumer supplied modem in connection with the supply of an NBN service; and

           (b) the consumer requests information regarding modem configuration settings from the NBN CSP who has entered into a consumer contract with the consumer for the supply of an NBN service to the premises,

then the NBN CSP must provide the consumer with that information as soon as practicable.

Part 6—Record-keeping

       18  Requirement to keep records

       A carriage service provider referred to in section 4 must:

       (a) keep records that are sufficient to demonstrate its compliance with the requirements under Parts 2, 3, 4 and 5 of this determination;

       (b) retain the records required to be kept by paragraph (a) for a minimum of two years; and

       (c) make those records available to the ACMA within 5 working days after receiving a written request from the ACMA.

Part 7 – Reasonable assistance

   19  Reasonable assistance regarding post-migration testing, the supply of interim