Document ID: chunk:federal_register_of_legislation:C2004A01077:clause:2_152aqb:p1
Version: federal_register_of_legislation:C2004A01077
Segment Type: clause
Provision Reference: sch 2 cl 152AQB (pt 1/2)
Character Range: 11350–14306

152AQB  Model terms and conditions relating to access to core services

Core services

 (1) For the purposes of this section, each of the following declared services is a core service:
 (a) the Domestic PSTN Originating Access Service (as described in the relevant declaration);
 (b) the Domestic PSTN Terminating Access Service (as described in the relevant declaration);
 (c) the Unconditioned Local Loop Service (as described in the relevant declaration);
 (d) the Local Carriage Service (as described in the relevant declaration);
 (e) a declared service specified in the regulations.

Determination setting out model terms and conditions

 (2) The Commission must make a written determination setting out model terms and conditions relating to access to each core service.

Timing

 (3) The Commission must take all reasonable steps to ensure that a determination relating to a core service referred to in paragraph (1)(a), (b), (c) or (d) is made within 6 months after the commencement of this section.

 (4) The Commission must take all reasonable steps to ensure that a determination relating to a core service specified in the regulations is made within 6 months after the relevant regulation takes effect.

Public consultation

 (5) Before making a determination under this section, the Commission must:
 (a) publish a draft of the determination and invite people to make submissions to the Commission on the draft determination; and
 (b) consider any submissions that are received within the time limit specified by the Commission when it published the draft determination.

Consultation with ACA

 (6) Before making a determination under this section, the Commission must consult the ACA.

Publication

 (7) The Commission must publish a determination under this section in such manner as it considers appropriate (including in electronic form).

Duration of determination

 (8) Unless sooner revoked, a determination under this section relating to a particular core service ceases to be in force at the end of:
 (a) the period of 5 years beginning on the day on which the determination was made; or
 (b) if a longer period is specified in the regulations in relation to the determination—that longer period.

Arbitration

 (9) The Commission must have regard to a determination under this section if it is required to arbitrate an access dispute under Division 8 in relation to a core service covered by the determination.

Ministerial pricing determinations prevail etc.

 (10) A determination under this section has no effect to the extent that it is inconsistent with:
 (a) any Ministerial pricing determination; or
 (b) any determination under section 152AQA.

Other powers not limited

 (11) To avoid doubt, neither:
 (a) this section; nor
 (b) a determination under this section;
limits the Commission's powers under the following provisions:
 (c) Division 4 (which deals with the telecommunications access code);
 (d) Division