Document ID: chunk:federal_register_of_legislation:F2021C00171:body:0:p3
Version: federal_register_of_legislation:F2021C00171
Segment Type: other
Provision Reference: 
Character Range: 5597–8664

customers (not exceeding 12,000) specified in regulations made for the purpose of subparagraph 143A(1)(d)(ii) of the Act, as in force from time to time; or
         (b)   is a member of an associated group, and the members of that associated group, in aggregate, supply fixed-line carriage services to the higher of no more than:
            (i)       2,000 residential customers; or
            (ii)     the number of residential customers (not exceeding 12,000) specified in regulations made for the purpose of subparagraph 143A(1)(e)(ii) of the Act, as in force from time to time;
   and that person:
         (c)    has, by written notice to the ACCC, elected to be bound by this Determination; and
         (d)   has not, by written notice to the ACCC, cancelled the election;

      the person is exempt from sections 142C or 143 of the Act, subject to the conditions and limitations set out in section 8.

8 Conditions and limitations

       For the purpose of section 7, the conditions and limitations are:

        (a) the person must ensure that the LBAS and/or the SBAS is available for supply to wholesale customers, or prospective wholesale customers, of the person;
        (b) the person must not discriminate between the person's wholesale customers, or the person's prospective wholesale customers, in relation to the supply of the LBAS and/or the SBAS;
        (c) the person must not discriminate in favour of itself in relation to the supply of the LBAS and/or the SBAS;
        (d) the person must not, in carrying on any of the following activities, discriminate between the person's wholesale customers or the person's prospective wholesale customers:
            (i)       developing a new eligible service;
            (ii)     enhancing an eligible service;
            (iii)   extending or enhancing the capability of a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;
            (iv)    planning for a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;
            (v)      an activity that is preparatory to the supply of an eligible service;
            (vi)    an activity that is ancillary or incidental to the supply of an eligible service;

            (vii)  giving information to service providers about any of the above activities;
        (e) the person must not discriminate in favour of itself in relation to the carrying on of any of the following activities:
            (i)       developing a new eligible service;
            (ii)     enhancing an eligible service;
            (iii)   extending or enhancing the capability of a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;
            (iv)    planning for a facility or telecommunications network by means of which an eligible service is, or is to be, supplied;
            (v)      an activity that is preparatory to the supply of an eligible service;
            (vi)    an activity that is ancillary