Document ID: chunk:federal_register_of_legislation:C2012C00891:clause:1_114
Version: federal_register_of_legislation:C2012C00891
Segment Type: clause
Provision Reference: sch 1 cl 114
Character Range: 159885–161476

114  Section 152AA
Omit:

          • If agreement cannot be reached, but no access undertaking is in operation, the terms and conditions are to be determined by the Commission acting as an arbitrator.
          • An access undertaking (other than a special access undertaking) may adopt the terms and conditions set out in a telecommunications access code.
          • The Commission may conduct an arbitration of a dispute about access to declared services. The Commission's determination on the arbitration must not be inconsistent with the standard access obligations or an access undertaking.
          • The Commission may register agreements about access to declared services.
          • A carrier, carriage service provider or related body must not prevent or hinder the fulfilment of a standard access obligation.
substitute:

          • If agreement cannot be reached, no access undertaking is in operation, but the Commission has made binding rules of conduct, the terms and conditions are as specified in the binding rules of conduct.
          • If agreement cannot be reached, no access undertaking is in operation, and no binding rules of conduct have been made, the terms and conditions are as specified in an access determination made by the Commission.
          • A carrier, carriage service provider or related body must not prevent or hinder the fulfilment of a standard access obligation.
Note: Even though this section mentions binding rules of conduct, binding rules of conduct may only be made if the Commission considers that there is an urgent need to do so.