6Class Licence Conditions

6 Class Licence Conditions

(1) The specified carrier must: (c) from 1 July 2015 comply with each of the conditions set out in subsections (5), (5A), (6), (7), and (8); and (d) within 20 days of the conditions set out in this Declaration applying to the specified carrier in respect of its operations of a designated telecommunications network provide the ACCC with written notice of this. General separation and supply obligations (5) The specified carrier must not use or permit any of its associates to use any local access line forming part of the designated telecommunications network to supply a carriage service unless all the conditions specified in subsection (6) are met. (5A) To the extent that the specified carrier’s operations of one or more designated telecommunications networks are conducted on a wholesale‑only basis, the specified carrier must, within 30 days of the Amending Instrument coming into effect and every 6 months thereafter, provide the ACCC with a statement from two or more of its Directors: (a) setting out the following details: (i) the specified carrier’s name and Australian Company Number (ACN); (ii) for each designated telecommunications network in existence as at the date of the statement: A. the technology type of the network; B. the geographic extent of the network C. the total number of carriage services in operation on the network as at the date of the statement; and D. the estimated total number of addressable premises technically capable of being served by the network; E. the names and ACNs (where applicable) of each carriage service provider supplied with one or more eligible services using the designated telecommunications network during: I. the period commencing on 1 January 2017 and ending on date of the statement – for the first statement; and II. the period commencing 6 months before the date of the relevant statement and ending on the date of the statement – for each subsequent statement; and (b) declaring that each designated telecommunications network has not been used by the specified carrier to supply eligible services to any of its associates at any time during which section 5 of this Declaration has applied to the specified carrier in respect of those networks. (5AA) The statement to be provided in accordance with subsection 6(5A) must be in a form (if any) specified in writing by the ACCC. (6) To the extent that the operations of the specified carrier (and its associates) in respect of the designated telecommunications network are not operated on a wholesale‑only basis, the specified carrier must ensure that all of the conditions set out in paragraphs (a)‑(r) below are satisfied: (a) the specified carrier must not supply eligible services using the designated telecommunications network to the retail company unless the specified carrier is also the wholesale company; (b) the wholesale operations of the designated telecommunications network must be conducted through the wholesale company and the retail operations must be conducted through the retail company; (c) the wholesale company and retail company must: (i) each operate separate operational support systems; and (ii) either operate: (A) separate business and communication systems; or (B) shared business and communication systems but only if they are not used by the wholesale company in any manner which has (or potentially has) the effect of discriminating in favour of the retail company in respect of the supply of eligible services or in carrying on any of activities listed at subparagraph (6)(m)(ii); (d) the specified carrier must provide to the ACCC a statutory declaration made in accordance with the Statutory Declarations Act 1959 (Cth) by a director or company secretary of the specified carrier, that the wholesale company (at all relevant times) has operated the systems in accordance the condition in sub‑subparagraph (6)(c)(ii)(B) by 30 June and 30 December of each calendar year; (e) the specified carrier must provide (and ensure that the wholesale company provides) all reasonable assistance and responds to any reasonable request made by the ACCC for the purposes of any audits undertaken by the ACCC to verify compliance with sub‑subparagraph (6)(c)(ii)(B) by the ACCC; (f) the wholesale company must operate a single business‑to‑business interface for use by its retail company and other carriers and service providers for ordering eligible services that are to be supplied using the designated telecommunications network; (g) the wholesale company must not perform any function of the retail company; (h) the retail company must not perform any function of the wholesale company; (i) the offer and supply of eligible services using the designated telecommunications network to a person who is a carrier or a carriage service provider using the designated telecommunications network must be effected through the wholesale company; (j) in respect of eligible services the retail company acquires directly from the wholesale company for the purposes of its business, the offer and supply of eligible services to end‑user customers using the designated telecommunications network must be effected through the retail company; (k) the wholesale company must publish in a prominent place on its website and provide to the Australian Competition and Consumer Commission within 5 business days of publication, the terms and conditions (price and non‑price) on which it supplies the eligible services (including the Layer 2 Wholesale Service) using the designated telecommunications network; (l) the wholesale company must: (i) supply eligible services (including the Layer 2 Wholesale Service) using the designated telecommunications network; (ii) give access to any necessary facilities and permit interconnection of those facilities at a nominated point of interconnection; (iii) offer necessary connectivity to a relevant point of interconnection for the relevant local access line; and (iv) provide information about the types of customer equipment, and supply any proprietary customer equipment, needed for the supply of carriage services to an end‑user; and (v) in the case where the service is proposed to be supplied to a premises in a multi‑dwelling unit, give access to relevant customer cabling controlled by the wholesale company (or its associate); to the retail company and other carriers and carriage service providers; (m) in fulfilling the supply obligations under paragraph (l), the wholesale company must not discriminate: (i) in favour of the retail company in relation to the supply of an eligible service, including in respect of any price and non‑price terms and conditions for such supply (other than on permitted discrimination grounds); (ii) in favour of the retail company in carrying on any of the following activities: (A) enhancing an eligible service; (B) developing a new eligible service ; (C) extending or enhancing the capability of a facility by means of which an eligible service is supplied; (D) an activity that is preparatory to the supply of an eligible service; (E) an activity that is incidental to the supply of an eligible service; and (F) giving information to carriers and carriage service providers about any of the above activities listed at subparagraphs (6)(m)(ii) ; (iii) between wholesale customers (carriers and carriage service providers) requesting services (other than on permitted discrimination grounds) in relation to: (A) the supply of an eligible service, including in respect of any price and non‑price terms and conditions for such supply; and (B) the carrying on any of activities listed at subparagraph (6)(m)(ii); (n) at any given time, a person appointed as director of the wholesale company (or the retail company, as the case may be) must not be appointed as a director of the other company; (o) at any given time, a person occupying a senior management position with the wholesale company (or the retail company, as the case may be) must not hold any senior management position with the other company; (p) an employee of the wholesale company (or the retail company, as the case may be) must not be employed by the other company; (q) the wholesale company (including any of its directors, senior management and employees) must not disclose protected wholesale information to the retail company (including any of its directors, senior management and employees) unless authorised by the respective wholesale customer to do so; and (r) where the wholesale company discloses, where permitted, protected wholesale information to an associate of the wholesale company, the associate must not disclose protected wholesale information to the retail company (including any of its directors, senior management and employees) unless authorised by the respective wholesale customer to do so. Layer 2 Wholesale Service Supply Obligation (7) At all times during which the Layer 2 Wholesale Service is not a declared service, the specified carrier must ensure that the wholesale company offers to supply, upon reasonable request by another carrier or carriage service provider, a Layer 2 Wholesale Service using the designated telecommunications network. (8) The price offered for the supply of the Layer 2 Wholesale Service (in accordance with subsection (7)) must not be more than $27 (exclusive of GST) per service on a monthly basis in relation to the use of the local access line.