Document ID: chunk:federal_register_of_legislation:C2004A00735:clause:1_13q
Version: federal_register_of_legislation:C2004A00735
Segment Type: clause
Provision Reference: sch 1 cl 13Q
Character Range: 83175–85777

13Q  Approval of draft ATS marketing plan

 (1) The ACA must approve, or refuse to approve, a draft ATS marketing plan that an applicant for approval as a competing universal service provider gives to the ACA.

 (2) The ACA must not approve the draft unless it is satisfied that:
 (a) the draft specifies appropriate equipment, goods or services that the applicant will supply in supplying the alternative telecommunications services; and
 (b) the draft adequately deals with how the applicant will supply alternative telecommunications services in fulfilment of the contestable service obligation concerned, so far as it relates to the universal service area concerned; and
 (c) the alternative telecommunications services are of general appeal and are appropriate for fulfilling that contestable service obligation, so far as it relates to that area; and
 (d) the draft sets out appropriate terms and conditions on which the equipment, goods or services are to be supplied; and
 (e) the draft sets out appropriate arrangements for the marketing of the supply of the equipment, goods or services to persons within that area; and
 (ea) the draft includes a requirement that, before entering into an agreement to supply a person with alternative telecommunications services, the provider must give to the person information about the substantive differences between:
 (i) what is to be supplied under the draft in fulfilment of the service obligation concerned, so far as it relates to the area concerned; and
 (ii) what would be supplied under the approved standard marketing plan of the relevant primary universal service provider in fulfilment of the same service obligation, so far as it relates to the same area; and
 (f) the draft sets out appropriate procedures that the applicant will comply with if the applicant ceases:
 (i) to supply any of the equipment, goods or services; or
 (ii) to fulfil that contestable service obligation, so far as it relates to that area;
  including the giving of at least 45 days' notice to the ACA, or such other notice as the ACA determines in writing is adequate; and
 (g) the requirements of section 13P have been met.

 (3) In deciding whether to approve the draft, the ACA must also have regard to:
 (a) whether the draft complies with the requirements (if any) under section 13N; and
 (b) any other matters determined in writing by the Minister for the purposes of this paragraph; and
 (c) any other matters the ACA considers relevant.

 (4) A copy of a determination made for the purposes of paragraph (2)(f) or (3)(b) must be published in the Gazette.