Document ID: chunk:federal_register_of_legislation:C2024C00742:section:44:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 44 (pt 1/2)
Character Range: 97277–99889

44  Supply to the public
 (1) This section sets out the circumstances in which a network unit is taken, for the purposes of section 42, to be used to supply a carriage service to the public.
 (2) If:
 (a) there is only one owner of a network unit; and
 (b) no nominated carrier declaration is in force in relation to the unit; and
 (c) any of the following conditions is satisfied:
 (i) the unit is used for the carriage of communications between 2 end‑users, where each end‑user is outside the immediate circle of the owner of the unit;
 (ii) the unit is used to supply point‑to‑multipoint services to end‑users, where at least one end‑user is outside the immediate circle of the owner of the unit;
 (iii) the unit is used to supply designated content services (other than point‑to‑multipoint services) to one or more end‑users, where at least one end‑user is outside the immediate circle of the owner of the unit;
the unit is used to supply a carriage service to the public.
 (3) If:
 (a) there are 2 or more owners of a network unit; and
 (b) no nominated carrier declaration is in force in relation to the unit; and
 (c) any of the following conditions is satisfied:
 (i) the unit is used for the carriage of communications between 2 end‑users, where each end‑user is outside the overlap of the immediate circles of the owners of the unit;
 (ii) the unit is used to supply point‑to‑multipoint services to end‑users, where at least one end‑user is outside the overlap of the immediate circles of the owners of the unit;
 (iii) the unit is used to supply designated content services (other than point‑to‑multipoint services) to one or more end‑users, where at least one end‑user is outside the overlap of the immediate circles of the owners of the unit;
the unit is used to supply a carriage service to the public.
 (4) If:
 (a) a nominated carrier declaration is in force in relation to a network unit; and
 (b) any of the following conditions is satisfied:
 (i) the unit is used for the carriage of communications between 2 end‑users, where each end‑user is outside the immediate circle of the nominated carrier in relation to the unit;
 (ii) the unit is used to supply point‑to‑multipoint services to end‑users, where at least one end‑user is outside the immediate circle of the nominated carrier in relation to the unit;
 (iii) the unit is used to supply designated content services (other than point‑to‑multipoint services) to one or more end‑users, where at least one end‑user is outside the immediate circle of the nominated carrier in relation to the unit;
the unit is used to supply a carriage service