Document ID: chunk:federal_register_of_legislation:C2024C00742:section:35
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 35
Character Range: 89167–90963

35  Fixed radiocommunications link
 (1) For the purposes of this Act, a fixed radiocommunications link is a facility, or a combination of facilities, where:
 (a) the facility or combination is used, or for use, in connection with the supply of a carriage service between 2 or more fixed points by means of radiocommunication; and
 (b) some or all of the communications carried by means of the facility or combination have the characteristic of double‑ended interconnection (as defined by subsection (3)); and
 (c) the facility or combination does not consist of:
 (i) one or more base stations that are part of a terrestrial radiocommunications customer access network; or
 (ii) one or more base stations that would be part of such a network if paragraph 34(1)(h) had not been enacted.
 (2) For the purposes of this section, a fixed point is a fixed point on:
 (a) land; or
 (b) a building or structure on land.
 (3) For the purposes of this section, if:
 (a) a communication is carried over a line link or other facility that, apart from this section, is an eligible network unit; and
 (b) the communication is then carried (immediately or with a transmission delay of not longer than 30 seconds), by means of radiocommunication, between 2 or more fixed points; and
 (c) the communication is then carried (immediately or with a transmission delay of not longer than 30 seconds) over another line link or other facility that, apart from this section, is an eligible network unit;
the communication referred to in paragraph (b) has the characteristic of double‑ended interconnection.
 (4) In this section:
eligible network unit means a network unit:
 (a) that is owned by one or more carriers; or
 (b) in relation to which a nominated carrier declaration is in force.

Division 4—Distinct places