Document ID: chunk:federal_register_of_legislation:F2023L01140:reg:7:p15
Version: federal_register_of_legislation:F2023L01140
Segment Type: reg
Provision Reference: reg 7 (pt 15/22)
Character Range: 45560–48269

primary universal service provider; and
 (b) the provider has a small share in the market for CSG services in the geographic area for which the exemption is sought; and
 (c) the proposed exemption is likely to result in a net benefit to end‑users in the geographic area for which the exemption is sought.
 (4) In deciding whether the proposed exemption is likely to result in a net benefit to end‑users in the geographic area for which the exemption is sought, ACMA must consider the following matters:
 (a) the extent to which the proposed exemption would lower the cost of entering or competing in the market for CSG services in the geographic area;
 (b) the extent to which the proposed exemption would be likely to promote sustainable competition for CSG services nationally and in the geographic area;
 (c) the extent to which the proposed exemption would be likely to result in service improvements for end‑users, including lower prices, increased quality of service and increased choice of service;
 (d) the number of CSG services affected, or likely to be affected, by the proposed exemption;
 (e) the proportion of the market for CSG services in that area likely to be affected by the proposed exemption;
 (f) the proportion of the market for CSG services in Australia generally likely to be affected by the proposed exemption;
 (g) the proposed exemption period;
 (h) any other matters that ACMA thinks relevant.
 (5) The grant of a temporary exemption:
 (a) must be in writing; and
 (b) must describe the geographic area for which the exemption is granted; and
 (c) must state the period for which the exemption is granted; and
 (d) must not be for more than 5 years; and
 (e) may be subject to conditions, including conditions about when the exemption will end; and
 (f) must be subject to a condition that the provider must comply with subsection (8).
 (6) For paragraph (5)(c), the period for which the exemption is granted may differ from the period specified in the application.
 (7) A temporary exemption:
 (a) takes effect from the date that it is granted or a date specified in the grant, whichever is the later; and
 (b) does not affect any right, obligation or liability that arose before the exemption took effect.
 (8) A carriage service provider that has been granted a temporary exemption must notify those customers to whom it supplies a CSG service within the geographic area described in the exemption (including prospective customers), and who are likely to be affected by the exemption, of the following matters:
 (a) that the provider has been granted a temporary exemption from the performance standards by ACMA;
 (b) a summary of the performance standards;
 (c) the protection