Document ID: chunk:federal_register_of_legislation:C2016C00900:section:41:p1
Version: federal_register_of_legislation:C2016C00900
Segment Type: section
Provision Reference: s 41 (pt 1/2)
Character Range: 41859–44565

41  Certain connection obligations to continue in force
 (1) If:
 (a) immediately before 17 March 1997, an eligible service was connected to a telecommunications network operated by an existing carrier; and
 (b) the connection was in fulfilment of the carrier's obligations under section 234 of the Telecommunications Act 1991; and
 (c) during the transitional period, a service provider who wishes to supply an eligible service (the eligible carriage service) gives the existing carrier a request to connect the eligible carriage service to the network; and
 (d) the network will need to be used in the supply of the eligible carriage service; and
 (e) at the time of the request, the existing carrier is a carrier (within the meaning of the Telecommunications Act 1997);
the carrier must connect the eligible carriage service.
 (2) The carrier must comply with subsection (1) on such terms and conditions as are specified in a written determination made by the ACCC.
 (3) The first determination under subsection (2) must be made before 1 July 1997.
 (4) The terms and conditions specified in a determination under subsection (2) must be reasonable.
 (5) Section 152AH of the Trade Practices Act 1974 applies for the purposes of this section in a corresponding way to the way in which it applies for the purposes of Part XIC of that Act.
 (6) The carrier does not contravene its obligation under subsection (1) to connect a service to a network if the connection is delayed:
 (a) for a period that:
 (i) is reasonable in the circumstances; and
 (ii) is not substantially longer than the delay normally experienced for connection of a service of that type, and in that locality, to the network; or
 (b) because a connection of the eligible carriage service is not technically feasible; or
 (c) for reasons beyond the carrier's control.
 (7) This section does not impose an obligation on the carrier if there are reasonable grounds to believe that the service provider would fail, to a material extent, to comply with the terms and conditions on which the carrier complies, or on which the carrier is reasonably likely to comply, with that obligation.
 (8) Examples of grounds for believing as mentioned in subsection (7) include:
 (a) evidence that the service provider is not creditworthy; and
 (b) repeated failures by the service provider to comply with the terms and conditions on which the same or a similar connection has been provided (whether or not by the carrier).
 (9) This section does not impose an obligation on a carrier after the end of the transitional period.
 (10) Part 1 of Schedule 1 to the Telecommunications Act 1997 has effect as if subsection (1) of this section were a section of