Document ID: chunk:federal_register_of_legislation:F2023C00199:reg:6:p2
Version: federal_register_of_legislation:F2023C00199
Segment Type: reg
Provision Reference: reg 6 (pt 2/6)
Character Range: 17379–20358

are not operated on a wholesale‑only basis, the specified carrier must ensure that all of the conditions set out in paragraphs (a)‑(r) below are satisfied:
 (a) the specified carrier must not supply eligible services using the designated telecommunications network to the retail company unless the specified carrier is also the wholesale company;
 (b) the wholesale operations of the designated telecommunications network must be conducted through the wholesale company and the retail operations must be conducted through the retail company;
 (c) the wholesale company and retail company must:
 (i) each operate separate operational support systems; and
 (ii) either operate:
 (A) separate business and communication systems; or
 (B) shared business and communication systems but only if they are not used by the wholesale company in any manner which has (or potentially has) the effect of discriminating in favour of the retail company in respect of the supply of eligible services or in carrying on any of activities listed at subparagraph (6)(m)(ii);
 (d) the specified carrier must provide to the ACCC a statutory declaration made in accordance with the Statutory Declarations Act 1959 (Cth) by a director or company secretary of the specified carrier, that the wholesale company (at all relevant times) has operated the systems in accordance the condition in sub‑subparagraph (6)(c)(ii)(B) by 30 June and 30 December of each calendar year;
 (e) the specified carrier must provide (and ensure that the wholesale company provides) all reasonable assistance and responds to any reasonable request made by the ACCC for the purposes of any audits undertaken by the ACCC to verify compliance with sub‑subparagraph (6)(c)(ii)(B) by the ACCC;
 (f) the wholesale company must operate a single business‑to‑business interface for use by its retail company and other carriers and service providers for ordering eligible services that are to be supplied using the designated telecommunications network;
 (g) the wholesale company must not perform any function of the retail company;
 (h) the retail company must not perform any function of the wholesale company;
 (i) the offer and supply of eligible services using the designated telecommunications network to a person who is a carrier or a carriage service provider using the designated telecommunications network must be effected through the wholesale company;
 (j) in respect of eligible services the retail company acquires directly from the wholesale company for the purposes of its business, the offer and supply of eligible services to end‑user customers using the designated telecommunications network must be effected through the retail company;
 (k) the wholesale company must publish in a prominent place on its website and provide to the Australian Competition and Consumer Commission within 5 business days of publication, the terms and conditions (price and non‑price) on which it supplies the eligible services (including