Document ID: chunk:federal_register_of_legislation:F2022L00440:clause:1_21:p1
Version: federal_register_of_legislation:F2022L00440
Segment Type: clause
Provision Reference: sch 1 cl 21 (pt 1/2)
Character Range: 52399–55232

21  Removal of payphone from site
       (1)   If a primary universal service provider must ensure that at least one payphone is located at a site in order to comply with section 15, a payphone may only be removed from a payphone site if:
         (a)    the decision to remove the payphone has been made in accordance with the rules in relation to the process for public consultation on the removal of a payphone set out in Divisions 3 and 4 of Part 5; and
         (b)    one or more of the following criteria applies:
         (i) maintaining the payphone at the payphone site would not deliver a net social benefit to the local community;
         (ii) there is demonstrated community support for the removal of the payphone from the payphone site;
         (iii) the primary universal service provider cannot continue to reasonably operate the payphone at the payphone site; or
         (iv) if the existing payphone site is at a place or area of a type described in Division 1 of Schedule 1—a payphone is to be relocated to a new payphone site within that place or area.
Note: The requirement in paragraph (a) does not apply to the removal of a payphone in circumstances where payphone removal arises as a direct result of the property owner of the site at which the payphone is located having withdrawn its consent to retain the installation of the payphone at the site.
       (2)   Subsection (1) does not apply where a primary universal service provider temporarily removes a payphone from a site in order to:
         (a)    upgrade the payphone;
         (b)    repair or replace the line connecting the payphone;
         (c)    connect the payphone to another network over which the primary universal service provider will be supplying payphone carriage services to that payphone;
         (d)    install an equivalent or enhanced payphone;
         (e)    undertake significant repairs to the payphone, where such repairs can only be undertaken off-site; or
         (f)     allow for the development of a construction site or civil works at the reasonable request of a third party.
       (3)   In determining whether maintaining a payphone at the payphone site would not deliver a net social benefit to the local community, a primary universal service provider must only have regard to the social benefit factors.
       (4)   In determining whether a payphone can continue to reasonably be operated at a payphone site, a primary universal service provider must only have regard to the following matters:
         (a)    subject to subsection (6), whether it continues to hold, or is able to obtain, relevant approvals for the operation of a payphone at the payphone site; and
         (b)    subject to subsection (6), whether it continues to hold, or is able to obtain relevant approvals for access to the payphone