Document ID: chunk:federal_register_of_legislation:C2024C00742:section:360hc:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 360HC (pt 1/3)
Character Range: 817404–820120

360HC  Nominated service area—anticipatory notice to be given to the ACMA by a carriage service provider

Nominated service area—real estate development project
 (1) If:
 (a) a facility has been, is being, or is to be, installed in, or in proximity to, the project area of a real estate development project; and
 (b) the facility is not part of the infrastructure of a telecommunications network; and
 (c) there is no nominated service area that:
 (i) consists of, or includes, the project area; and
 (ii) is attributable to a declaration under section 360H or 360HB; and
 (d) any of the following conditions is satisfied in relation to a carriage service provider (the first carriage service provider):
 (i) the first carriage service provider is or will be in a position to exercise control of the facility;
 (ii) the first carriage service provider is an associate of a person who is or will be in a position to exercise control of the facility;
 (iii) the first carriage service provider has entered into a contractual arrangement with the person responsible for the real estate development project, where the contractual arrangement relates to the facility; and
 (e) if subparagraph (d)(i) or (ii) applies—the facility began to be installed on or after 1 July 2024; and
 (f) if subparagraph (d)(iii) applies—the contractual arrangement was entered into on or after 1 July 2024; and
 (g) when the first carriage service provider commences to use the facility:
 (i) to supply carriage services to end‑users at premises in the whole or a part of the project area; or
 (ii) to supply an eligible service to another carriage service provider in order that the other carriage service provider can provide carriage services to end‑users at premises in the whole or a part of the project area;
  the first carriage service provider will be required, by subsection 360HB(2), to declare that the whole or the part, as the case requires, of the project area is a provisional nominated service area for the purposes of this Part;
the first carriage service provider must:
 (h) give the ACMA a written notice that:
 (i) if subparagraph (d)(i) or (ii) applies—sets out the day on which the facility began to be installed; and
 (ii) if subparagraph (d)(iii) applies—sets out the day on which the contractual arrangement was entered into; and
 (iii) specifies the whole or the part, as the case requires, of the project area; and
 (iv) describes the facility; and
 (v) sets out the first carriage service provider's estimate of the time when the first carriage service provider is likely to commence to use the facility as mentioned in paragraph (g); and
 (i) do so within 20 business days after:
 (i) if subparagraph (d)(i) or