Document ID: chunk:federal_register_of_legislation:F2022L00440:clause:1_5:p1
Version: federal_register_of_legislation:F2022L00440
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 1/8)
Character Range: 7526–10399

5  Interpretation
Note 1: A number of expressions used in this instrument are defined in the Act, including the following:
(a) payphone (section 9C);
(b) payphone carriage service (section 5);
(c)  primary universal service provider (section 5);
(d)  universal service obligation (section 5).
Note 2:      The expression 'business day' is defined in section 2B of the                                            Acts Interpretation Act 1901.
Note 3:  Unless the contrary intention appears, expressions used in this instrument and in the Telecommunications Act 1997 have the same meaning in this instrument as in the Telecommunications Act 1997.
 (1) In this instrument:
Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.
ACMA means the Australian Communications and Media Authority.
adequate mobile phone coverage means that there is handheld terrestrial mobile phone coverage at street level in the relevant place or area.
category 1 payphone location is a place or area in Australia that:
          (a)   is of a type described in Division 1 of Schedule 1;
          (b)    does not have a payphone;
          (c)   has demonstrated community support for the location of a payphone at that place or area; and
          (d)    a primary universal provider has determined that the place or area is commercially viable for the purpose of the installation of a payphone.

        For the purposes of paragraph (d), the provider must assess whether a place or area is commercially viable as if arrangements for the types of payphone calls and associated payphone call charges in place as at 2 August 2021 are still in effect.
category 2 payphone location is a place or area in Australia that:
          (a)   is of a type described in column 1 of the table at Division 2 of Schedule 1;
          (b)    either:
          (i) if a radius is specified in column 2 of the table at Division 2 of Schedule 1, there is no payphone located within the area of the specified radius; or
          (ii) if no radius is specified, there is no payphone at that place or area;
          (c)   has demonstrated community support for the location of a payphone at that place or area; and
          (d)    the relevant primary universal provider has determined that projected revenues from a payphone located at the place or area will cover the projected depreciation and maintenance costs of providing and maintain a payphone on an annual basis.

        For the purposes of paragraph (d), the provider must assess whether the projected revenues will cover projected depreciation and maintenance costs as if arrangements for the types of payphone calls and associated payphone call charges in place as at 2 August 2021 are still in effect.
category 3 payphone location is a place or area in Australia that:
          (a)   is of a type described in column 1