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Commonwealth of Australia

Telecommunications Act 1997

Telecommunications (Agreements for Compliance with Structural Separation Undertaking) Determination 2014

I, MALCOLM BLIGH TURNBULL, Minister for Communications make the following determination under subsection 577BA(9) of the Telecommunications Act 1997.

Dated   10 December 2014.

MALCOLM TURNBULL
Minister for Communications _________________________________________________________________

   1       Name of Determination

    This determination is the Telecommunications (Agreements for Compliance with Structural Separation Undertaking) Determination 2014.

   2       Commencement

    This determination commences on 14 December 2014.

   3       Definitions

      (1)     In this determination:

     Access Deed means the deed of that name entered into by Telstra and NBN Co on 23 June 2011 and amended and restated pursuant to the Deed of Amendment and Restatement, which documents commitments made by NBN Co to Telstra in respect of the supply of NBN Co's basic service offering and the charging for certain wholesale supply services.

     Act means the Telecommunications Act 1997.

     Continuity Deed means the deed of that name entered into by Telstra and NBN Co on 14 December 2014 setting out the terms and conditions under which NBN Co will:

          (a) provide Telstra a licence to access specified copper loops and sub-loops for the provision of ADSL, voice services and other existing Telstra services during the migration period and to continue to provide special services, services to non-premises and services over long copper tails until such time as those services are migrated to the national broadband network or another technology;

          (b) provide Telstra a licence to access parts of NBN Co's hybrid fibre-coaxial network to provide Telstra broadband services during the migration period and for the ongoing provision of Foxtel services; and

          (c) set out arrangements for access by each party to the other party's infrastructure in or associated with a national broadband network rollout region or proposed rollout region.

     Deed of Amendment and Restatement means the deed entitled "Deed of Amendment and Restatement – Definitive Agreements" entered into by Telstra and NBN Co on 14 December 2014 which, amongst other matters, documents conditions precedent for the amendment and restatement of the Access Deed, the Implementation and Interpretation Deed, the Infrastructure Services Agreement and the Subscriber Agreement.

     Implementation and Interpretation Deed means:

          (a)  the deed of that name entered into by Telstra and NBN Co on 23 June 2011 and amended on 14 December 2014 pursuant to the Deed of Amendment and Restatement; and

          (b) the deed of that name entered into by Telstra and NBN Co on 23 June 2011 and amended and restated pursuant to the Deed of Amendment and Restatement,

     which documents conditions precedent and various agreements related to the national broadband network and common provisions which are incorporated into other agreements between Telstra and NBN Co related to the national broadband network.

     Infrastructure