Document ID: chunk:federal_register_of_legislation:C2012C00870:clause:1_152axb:p2
Version: federal_register_of_legislation:C2012C00870
Segment Type: clause
Provision Reference: sch 1 cl 152AXB (pt 2/2)
Character Range: 42669–44483

is not a listed point of interconnection (within the meaning of section 151DB).

Conditional‑access customer equipment
 (5) If:
 (a) an NBN corporation is a carrier or carriage service provider; and
 (b) the NBN corporation supplies a declared service by means of conditional‑access customer equipment;
the NBN corporation must, if requested to do so by a service provider who has made a request referred to in subsection (2), supply to the service provider any service that is necessary to enable the service provider to supply carriage services and/or content services by means of the declared service and using the equipment.

Exceptions
 (6) This section does not impose an obligation on an NBN corporation if there are reasonable grounds to believe that:
 (a) the access seeker would fail, to a material extent, to comply with the terms and conditions on which the NBN corporation complies, or on which the NBN corporation is reasonably likely to comply, with that obligation; or
 (b) the access seeker would fail, in connection with that obligation, to protect:
 (i) the integrity of a telecommunications network; or
 (ii) the safety of individuals working on, or using services supplied by means of, a telecommunications network or a facility.

Examples—paragraph (6)(a) grounds
 (7) Examples of grounds for believing as mentioned in paragraph (6)(a) include:
 (a) evidence that the access seeker is not creditworthy; and
 (b) repeated failures by the access seeker to comply with the terms and conditions on which the same or similar access has been provided (whether or not by the NBN corporation).

Definition
 (8) In this section:
pre‑request right, in relation to a request made for the purposes of subsection (2), means a right under a contract that was in force at the time when the request was made.