Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:1_46
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 1 cl 46
Character Range: 1430449–1432859

46  Carriers must obtain designated interconnection services from carriage service providers for the purpose of ensuring any‑to‑any connectivity
 (1) If:
 (a) a carrier owns, or supplies a carriage service over, a telecommunications network (the carrier's telecommunications network); and
 (b) a carriage service provider supplies a carriage service over a telecommunications network (the carriage service provider's telecommunications network); and
 (c) any of the following subparagraphs applies:
 (i) the carriage service provider's telecommunications network is interconnected with the carrier's telecommunications network;
 (ii) the carriage service provider's telecommunications network is to be interconnected with the carrier's telecommunications network;
 (iii) the carriage service provider is seeking to have the carriage service provider's telecommunications network interconnected with the carrier's telecommunications network; and
 (d) the carriage service provider requests the carrier to obtain from the carriage service provider a designated interconnection service for the purpose of ensuring that each end‑user who is:
 (i) connected to the carrier's telecommunications network; and
 (ii) supplied with a carriage service that involves communication between end‑users;
  is able to communicate, by means of that carriage service, with an end‑user who is connected to the carriage service provider's telecommunications network;
the carrier must obtain the designated interconnection service from the carriage service provider.
 (2) The designated interconnection service is to be obtained on such terms and conditions as are:
 (a) agreed between the carrier and the carriage service provider; or
 (b) failing agreement, determined by an arbitrator appointed by the parties.
If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.
 (3) The regulations may make provision for and in relation to the conduct of an arbitration under this clause.
 (4) The regulations may provide that, for the purposes of a particular arbitration conducted by the ACCC under this clause, the ACCC may be constituted by a single member, or a specified number of members, of the ACCC. For each such arbitration, that member or those members are to be nominated in writing by the Chairperson of the ACCC.
 (5) Subclause (4) does not, by implication, limit subclause (3).