Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_85
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 85
Character Range: 119235–120847

85  Use by Telstra of certain spectrum licences
 (1) If:
 (a) the excluded spectrum regime applies to Telstra; and
 (b) a spectrum licence relates to a designated part of the spectrum;
Telstra must not supply a carriage service using a radiocommunications device the operation of which is authorised under the licence.
Note: For excluded spectrum regime, see section 577GA.
 (2) However, the rule in subclause (1) does not apply if:
 (a) both:
 (i) an undertaking given by Telstra is in force under section 577A; and
 (ii) the undertaking is covered by subclause (3); and
 (b) either:
 (i) an undertaking given by Telstra is in force under section 577C; or
 (ii) a declaration is in force under subsection 577J(3); and
 (c) either:
 (i) an undertaking given by Telstra is in force under section 577E; or
 (ii) a declaration is in force under subsection 577J(5).
Note 1: Section 577A deals with undertakings about structural separation.
Note 2: Section 577C deals with undertakings about hybrid fibre‑coaxial networks.
Note 3: Section 577E deals with undertakings about subscription television broadcasting licences.
 (3) This subclause covers a section 577A undertaking if:
 (a) the following conditions are satisfied:
 (i) the undertaking requires Telstra to give the ACCC a draft migration plan;
 (ii) in accordance with the undertaking, Telstra has given the ACCC a draft migration plan;
 (iii) the ACCC has approved the draft migration plan under section 577BD, 577BDA, 577BDB or 577BDC; or
 (b) the undertaking does not require Telstra to give the ACCC a draft migration plan.

Division 3—Other provisions