Document ID: chunk:federal_register_of_legislation:C2020A00047:clause:2_143f
Version: federal_register_of_legislation:C2020A00047
Segment Type: clause
Provision Reference: sch 2 cl 143F
Character Range: 47097–49476

143F  Exemptions—lines installed in close proximity to other lines
 (1) If:
 (a) a telecommunications network came into existence on or after 1 January 2011; and
 (b) a line came into existence on or after the designated commencement date for the purposes of connecting particular premises to the network; and
 (c) the coming into existence of the line enables or enabled the occupier of the premises to become a customer in relation to carriage services supplied using the line; and
 (d) the premises are in close proximity to a line that forms part of the infrastructure of the network as the network stood immediately before the designated commencement date; and
 (e) the line mentioned in paragraph (b) is used to supply a superfast carriage service;
the line mentioned in paragraph (b) is exempt from section 142C.
Note 1: See also section 156A (certain lines deemed to have come into existence on or after the designated commencement date).
Note 2: See also section 158A (certain line extensions deemed to be local access lines in their own right, and to have come into existence on or after the designated commencement date).
 (2) If:
 (a) a designated telecommunications network (within the meaning of the Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014) was in existence immediately before the designated commencement date; and
 (b) a line came into existence on or after the designated commencement date for the purposes of connecting particular premises to the network; and
 (c) the coming into existence of the line enables or enabled the occupier of the premises to become a customer in relation to carriage services supplied using the line; and
 (d) the premises are in close proximity to a line that forms part of the infrastructure of the network as the network stood immediately before the designated commencement date; and
 (e) the line mentioned in paragraph (b) is used to supply a superfast carriage service;
the line mentioned in paragraph (b) is exempt from section 142C.
Note 1: See also section 156A (certain lines deemed to have come into existence on or after the designated commencement date).
Note 2: See also section 158A (certain line extensions deemed to be local access lines in their own right, and to have come into existence on or after the designated commencement date).