Document ID: chunk:federal_register_of_legislation:F2022L00440:clause:1_7:p1
Version: federal_register_of_legislation:F2022L00440
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 1/2)
Character Range: 28231–31172

7  Primary universal service provider must comply with standards
 (1) A primary universal service provider must comply with the payphone performance standards, unless:
 (a) a law of the Commonwealth or a State or Territory prevents the provider from complying with a payphone performance standard; or
 (b) there are circumstances beyond the control of the provider that prevent it from complying with a payphone performance standard.
  (2)  For the purposes of paragraph (1)(b) above, circumstances beyond the control of a primary universal service provider include (but are not limited to) the following circumstances:
 (a) damage to a primary universal service provider's facility used in relation to the payphone or supply of a payphone carriage service that is not caused by the provider;
 (b) a natural disaster that:
 (i)  causes mass outages of payphones or payphone carriage services; and
              (ii)  restricts the supply, installation and maintenance of a payphone or   rectification of a fault or service difficulty;
 (c) extreme weather conditions that:
 (i)  cause mass outages of payphones or payphone carriage services; and
 (ii)  restrict the supply, installation and maintenance of a payphone or rectification of a fault or service difficulty;
 (d) a primary universal service provider is requested by a public authority to provide emergency communications services to assist in emergency action, and the provision of those services restricts the supply, installation and maintenance of a payphone or rectification of a fault or service difficulty;
  (e) a primary universal service provider is prevented from supplying, installing and maintaining a payphone or rectifying a fault or service difficulty, because the provider is unable to obtain lawful access to land or a facility;
   (f) where a third party fails to provide sufficient power to operate a payphone which prevents a primary universal service provider from complying with a payphone performance standard;
  (g) the modification, maintenance or upgrade of a facility or network that is used to supply the payphone or a payphone carriage service, where such modification, maintenance or upgrade work occurs in connection with the migration of services to the national broadband network; and
  (h) the need to move staff or equipment to an area affected by circumstances beyond the control of the provider.
 (3) A primary universal service provider is not exempt from compliance with a payphone performance standard unless a primary universal service provider has procedures in place to ensure that it does not rely on the exemption in circumstances that are not beyond its control.
 (4) If a primary universal service provider was prevented from complying with a payphone performance standard as a result of:
  (a) a law of the Commonwealth, a State or a Territory; or
  (b) circumstances beyond the control of the primary universal service provider;
the