Document ID: chunk:federal_register_of_legislation:C2004A04248:body:0:p18
Version: federal_register_of_legislation:C2004A04248
Segment Type: other
Provision Reference: 
Character Range: 45108–48295

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 are public mobile telecommunications services; and

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

"(4) Subsection (3) has effect whether or not network facilities of the requesting carrier are, or are to be, interconnected because of subsection (2) to a network of the other carrier.".

Supplementary access conditions of licences

42. Section 138 of the Principal Act is amended:

    (a) by inserting in paragraph (1)(a) "in any case—" before "the grant";

    (b) by omitting paragraph (1)(b) and substituting the following paragraph:

         "(b) if:

           (i) other carriers supply telecommunications services by means of facilities interconnected to telecommunications networks of the holder; or

           (ii) the holder supplies telecommunications services to other carriers for the purposes of the other carriers supplying telecommunications services;

       the supply by the holder, to the other carriers, of specified goods or services in connection with matters associated with, or incidental to, the supply by the other carriers of:

           (iii) the services referred to in subparagraph (i); or

           (iv) the services last referred to in subparagraph (ii); as the case may be.";

    (c) by inserting after subsection (1) the following subsection:

    "(1A) Examples of matters of a kind referred to in paragraph (1)(b) are:

         (a) customer billing and operator assistance (including directory assistance); and

         (b) published directories of telecommunications services.";

    (d) by inserting in subsection (2) "reasonable" before "terms and conditions".

Minister may determine principles to govern charging for access

43. Section 140 of the Principal Act is amended by omitting paragraphs (1)(b) and (c) and substituting the following paragraphs:

    "(b) the supply of telecommunications services to the first-mentioned carrier by the other carrier under subsection 137(3); or

    (c) the supply of facilities for the purposes of such interconnection, or in connection with the supply of services as mentioned in paragraph (b) of this subsection; or".

Arbitration by AUSTEL of terms of access

44. Section 154 of the Principal Act is amended:

    (a) by omitting subsection (4) and substituting the following subsection:

    "(4) A determination made for the purposes of subsection 137(3) must:

         (a) specify the telecommunications services concerned; and

         (b) state how far it is necessary or desirable for the one carrier to supply those telecommunications services to the other carrier for the purposes of the other carrier supplying telecommunications services; and

         (c) set out the terms and conditions on which the one carrier is so to supply those telecommunications services.";

    (b) by omitting paragraph