Document ID: chunk:federal_register_of_legislation:C2025C00189:section:152ar:p1
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 152AR (pt 1/3)
Character Range: 1867805–1870694

152AR  Category A standard access obligations
 (1) This section sets out the category A standard access obligations.

Access provider and active declared services
 (2) For the purposes of this section, if a carrier (other than an NBN corporation) or a carriage service provider (other than an NBN corporation) supplies declared services, whether to itself or to other persons:
 (a) the carrier or provider is an access provider; and
 (b) the declared services are active declared services.

Supply of active declared service to service provider
 (3) An access provider must, if requested to do so by a service provider:
 (a) supply an active declared service to the service provider in order that the service provider can provide carriage services and/or content services; and
 (b) take all reasonable steps to ensure that the technical and operational quality of the active declared service supplied to the service provider is equivalent to that which the access provider provides to itself; and
 (c) take all reasonable steps to ensure that the service provider receives, in relation to the active declared service supplied to the service provider, fault detection, handling and rectification of a technical and operational quality and timing that is equivalent to that which the access provider provides to itself.

Limit on paragraph (3)(a) obligation
 (4) Paragraph (3)(a) does not impose an obligation to the extent (if any) to which the imposition of the obligation would have any of the following effects:
 (a) preventing a service provider who already has access to the declared service from obtaining a sufficient amount of the service to be able to meet the service provider's reasonably anticipated requirements, measured at the time when the request was made;
 (b) preventing the access provider from obtaining a sufficient amount of the service to be able to meet the access provider's reasonably anticipated requirements, measured at the time when the request was made;
 (c) preventing a person from obtaining, by the exercise of a pre‑request right, a sufficient level of access to the declared service to be able to meet the person's actual requirements;
 (d) depriving any person of a protected contractual right;
 (da) preventing a designated Telstra successor company from complying with an undertaking in force under section 577A of the Telecommunications Act 1997;
 (e) preventing Telstra from complying with an undertaking in force under section 577C or 577E of the Telecommunications Act 1997; or
 (f) if a final migration plan is in force—requiring a designated Telstra successor company to engage in conduct in connection with matters covered by the final migration plan.

Ordering and provisioning—paragraph (3)(b)
 (4A) To avoid doubt, ordering and provisioning are taken to be aspects of technical and operational quality referred to in paragraph (3)(b).
 (4B)