Document ID: chunk:federal_register_of_legislation:F2021L01524:body:0:p18
Version: federal_register_of_legislation:F2021L01524
Segment Type: other
Provision Reference: 
Character Range: 42699–45474

direction to the carrier about the way in which the carrier should engage in the land entry activity, the carrier must comply with the direction.
 (2) This section applies only if the objection which is the subject of the direction comes, in whole or in part, within the jurisdiction of the Telecommunications Industry Ombudsman.
           Note 1 If the Telecommunications Industry Ombudsman deals with the objection without giving a direction to the carrier, and the Ombudsman informs the carrier in writing of that outcome, the carrier may engage in the land entry activity: see s 2.31, situation 3.
           Note 2 If the Telecommunications Industry Ombudsman gives a direction to the carrier, the carrier may engage in the land entry activity: see s 2.31, situation 4.

Chapter 3 Subscriber connection

Simplified outline of Chapter 3
Division 3 of Schedule 3 to the Telecommunications Act 1997 authorises a carrier to enter on land and install facilities, including a subscriber connection.
This Chapter sets out conditions to be complied with by a carrier in installing a subscriber connection.
The Chapter has 6 Parts.
The Parts deal with the following matters:
 Part 1 — introduction
 Part 3 — additional carrier conditions
 Part 4 — installing a subscriber connection underground: no third parties
 Part 5 — installing a subscriber connection underground: third parties
 Part 6 — Director of National Parks and Environment Secretary
 Part 7 — general notification arrangements.

Part 1 Introduction
3.1 Purpose of Chapter 3
 (1) Under the Act, if a carrier engages in, or proposes to engage in, a subscriber connection activity, the carrier must comply with:
 (a) the conditions specified in Part 1 of Schedule 3 to the Act; and
 (b) the conditions specified in the regulations; and
 (c) the conditions set out in this Code.
 (2) Division 2 of Part 7 sets out some of the carrier conditions in the Act, in simplified form, to assist the reader of the Code.
 (3) Parts 3 to 6, and the other Divisions of Part 7, set out:
 (a) additional carrier conditions; and
 (b) the conditions on carriers related to giving notices to the Director of National Parks, the Environment Secretary, and owners and occupiers of land; and
 (c) the process for owners and occupiers of land to object to a subscriber connection activity; and
 (d) the process by which objections may be resolved or referred to the Telecommunications Industry Ombudsman.
3.2 Subscriber connection activity
  A subscriber connection activity of a carrier is any of the following activities:
 (a) installing a subscriber connection;
 (b) carrying out an activity for purposes in connection with the installation of a subscriber connection.

Note on definitions
A number of words and expressions