Document ID: chunk:federal_register_of_legislation:C2004A04248:body:0:p17
Version: federal_register_of_legislation:C2004A04248
Segment Type: other
Provision Reference: 
Character Range: 42375–45396

Telecommunications Act 19916.

Objects

40. Section 136 of the Principal Act is amended by omitting subparagraphs (2)(b)(i) and (ii) and substituting the following subparagraphs:

    "(i) to interconnect its facilities to telecommunications networks of other carriers; and

    (ia) to have other carriers supply telecommunications services to it for the purposes of its supply of telecommunications services; and

    (ii) to obtain access to other services supplied by other carriers;".

41. Section 137 of the Principal Act is repealed and the following section is substituted:

Carrier's rights to interconnection to networks of, and supply of telecommunications services by, other carriers

"137.(1) In this section:

'domestic or international service' means a telecommunications service:

    (a) between distinct places within Australia; or

    (b) between a place within Australia and a place outside Australia;

'network' means a telecommunications network within Australia to supply domestic or international services and, in relation to a carrier, means so much of such a network as is:

    (a) operated by the carrier (even if owned or maintained by another person); or

    (b) owned and maintained by the carrier (even if operated by another person); or

    (c) the subject of rights of use that the carrier has under an agreement or arrangement (even if, because of an agreement or arrangement with another person, the carrier does not in fact exercise those rights itself);

'network facilities', in relation to a carrier, means facilities that the carrier operates or uses, or intends to operate or use, as part of, in, or in connection with, a network of the carrier, even if another person also operates or uses, or intends to operate or use, some or all of the facilities;

'reasonable' means reasonable having regard to section 136 and to any other relevant matter.

"(2) A carrier has the right to interconnect its network facilities to a network of any other, carrier:

    (a) for the purpose of the other carrier supplying telecommunications services to the first-mentioned carrier under subsection (3); and

    (b) on such reasonable terms and conditions as the carriers agree on or, failing agreement, as AUSTEL determines under section 154.

"(3) Where a carrier reasonably requests another carrier to supply telecommunications services to the requesting carrier, the other carrier must supply those telecommunications services to the requesting carrier:

    (a) so far as is necessary or desirable for the purposes of the requesting carrier supplying:

         (i) if the requesting carrier is both a general carrier and a mobile carrier—domestic or international services; or

         (ii) if the requesting carrier is a general carrier but not a mobile carrier—domestic or international services other than public mobile telecommunications services; or

         (iii) if the requesting carrier is a mobile carrier but not a general carrier—domestic or international services that