Document ID: chunk:federal_register_of_legislation:C2004A01077:clause:2_152cba:p1
Version: federal_register_of_legislation:C2004A01077
Segment Type: clause
Provision Reference: sch 2 cl 152CBA (pt 1/2)
Character Range: 54117–56846

152CBA  What is a special access undertaking?

Scope

 (1) This section applies to a person who is, or expects to be, a carrier or a carriage service provider supplying:
 (a) a listed carriage service (within the meaning of the Telecommunications Act 1997); or
 (b) a service that facilitates the supply of a listed carriage service (within the meaning of that Act);
whether to itself or to other persons, so long as the service is not an active declared service.

Undertaking

 (2) The person may give a written undertaking (a special access undertaking) to the Commission in connection with the provision of access to the service.

 (3) The undertaking must state that, in the event that the person supplies the service (whether to itself or to other persons), the person:
 (a) agrees to be bound by the obligations referred to in section 152AR, to the extent that those obligations would apply to the person in relation to the service if the service were treated as an active declared service; and
 (b) undertakes to comply with the terms and conditions specified in the undertaking in relation to the obligations referred to in paragraph (a).

Note: The undertaking need not specify all terms and conditions—see subparagraph 152AY(2)(b)(ii).

 (4) The undertaking must be in a form approved in writing by the Commission.

 (5) The undertaking may be without limitations or may be subject to such limitations as are specified in the undertaking.

Expiry time

 (6) The undertaking must specify the expiry time of the undertaking.

 (7) The expiry time of the undertaking may be described by reference to the end of a period beginning:
 (a) when the undertaking comes into operation; or
 (b) when the person begins to supply the service (whether to itself or to other persons).

 (8) Subsection (7) does not, by implication, limit subsection (6).

 (9) The undertaking may provide for the person to extend, or further extend, the expiry time of the undertaking, so long as:
 (a) the extension or further extension is approved by the Commission; and
 (b) the undertaking sets out criteria that are to be applied by the Commission in deciding whether to approve the extension or further extension.

 (10) If the undertaking expires, this Part does not prevent the person from giving:
 (a) a fresh special access undertaking in the same terms as the expired undertaking; or
 (b) an ordinary access undertaking that deals with the same service as the expired undertaking.

Related services

 (11) A reference in paragraph (1)(b) to a service that facilitates the supply of a carriage service does not include a reference to the use of intellectual property except to the extent that it is an integral but subsidiary part of the