Document ID: chunk:federal_register_of_legislation:C2012C00870:clause:1_151da:p2
Version: federal_register_of_legislation:C2012C00870
Segment Type: clause
Provision Reference: sch 1 cl 151DA (pt 2/3)
Character Range: 24964–27894

the NBN corporation supplies, or offers to supply, the eligible service to service providers and utilities are the same throughout Australia.
 (6) For the purposes of this section, in determining whether there is uniform national pricing of an eligible service supplied, or offered to be supplied, by an NBN corporation, disregard any discrimination by the NBN corporation against another person on the grounds that the NBN corporation has reasonable grounds to believe that the other person would fail, to a material extent, to comply with the terms and conditions on which the NBN corporation supplies, or on which the NBN corporation is reasonably likely to supply, the eligible service.
 (6A) Examples of grounds for believing as mentioned in subsection (6) include:
 (a) evidence that the other person is not creditworthy; and
 (b) repeated failures by the other person to comply with the terms and conditions on which the same or a similar eligible service has been supplied (whether or not by the NBN corporation).
 (7) For the purposes of this section, in determining whether eligible services are characterised as:
 (a) the same eligible service; or
 (b) different eligible services;
it is immaterial whether the services are supplied, or offered to be supplied, using:
 (c) the same facilities or kinds of facilities; or
 (d) different facilities or kinds of facilities.
 (8) For example, the same eligible service could be supplied, or offered to be supplied, using:
 (a) an optical fibre line; or
 (b) terrestrial radiocommunications equipment; or
 (c) a satellite.

Definitions
 (9) In this section:
access virtual circuit service means an eligible service that is known as:
 (a) an access virtual circuit service; or
 (b) the access virtual circuit component of a fibre access service.
connectivity virtual circuit service means an eligible service that is known as:
 (a) a connectivity virtual circuit service; or
 (b) the connectivity virtual circuit component of a fibre access service.
designated access service means:
 (a) an access virtual circuit service; or
 (b) a connectivity virtual circuit service; or
 (c) a network‑network interface service; or
 (d) a user network interface service; or
 (e) a voice telephony facilitation service.
eligible service has the same meaning as in section 152AL.
listed point of interconnection has the meaning given by section 151DB.
network‑network interface service means an eligible service that is known as:
 (a) a network‑network interface service; or
 (b) the network‑network interface component of a fibre access service.
nominated carrier has the same meaning as in the Telecommunications Act 1997.
point of interconnection means a location for the interconnection of facilities.
price‑related terms and conditions means terms and conditions relating to price or a method of ascertaining price.
service provider has the same meaning as in the Telecommunications Act