Document ID: chunk:federal_register_of_legislation:C2004A00735:clause:1_13b
Version: federal_register_of_legislation:C2004A00735
Segment Type: clause
Provision Reference: sch 1 cl 13B
Character Range: 67676–69290

13B  Approval of person as a competing universal service provider

 (1) The ACA must, within a reasonable time:
 (a) approve (in writing) the applicant as a competing universal service provider for the universal service area in respect of the contestable service obligation in accordance with the application; or
 (b) refuse the application and give the applicant written notice of the reasons for that refusal.

 (2) The ACA must not approve the applicant as a competing universal service provider unless:
 (a) subject to subsection (3), the ACA is satisfied that the applicant is an appropriate person to be approved as a competing universal service provider, having regard to:
 (i) the applicant's relevant technical competence and experience; and
 (ii) the applicant's commercial competence and financial standing; and
 (iii) any matters determined in writing by the Minister for the purposes of this subparagraph; and
 (iv) any other matters the ACA considers relevant; and
 (b) the applicant has an approved policy statement; and
 (c) the applicant has either or both of the following:
 (i) an approved standard marketing plan;
 (ii) an approved ATS marketing plan;
  covering the universal service area in respect of the contestable service obligation.

 (3) If the applicant is already a competing universal service provider for a universal service area in respect of another contestable service obligation, the ACA may, but is not required to, assume that paragraph (2)(a) is satisfied.

 (4) A copy of a determination made for the purposes of subparagraph (2)(a)(iii) must be published in the Gazette.