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Name of Declaration
1 Name of Declaration
This declaration is the Carrier Licence Conditions (Pivit Pty Ltd) Declaration 2013.
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
This declaration imposes special rules on Pivit Pty Ltd, the owner of fibre networks in listed new housing and development estates, requiring Pivit to connect a property to its fibre network on reasonable request from a resident or their chosen internet/phone provider.
It protects residents and competing carriage service providers by preventing Pivit from blocking access to its fibre infrastructure, ensuring consumers can choose their own broadband and phone supplier.
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Direct links to the current provisions in Carrier Licence Conditions (Pivit Pty Ltd) Declaration 2013.
This declaration is the Carrier Licence Conditions (Pivit Pty Ltd) Declaration 2013.
In this Declaration:
Act means the Telecommunications Act 1997.
development area means a real estate development specified in column 1 of the table at Schedule 1 to this Declaration that occupies the corresponding area of land depicted in the relevant map at Annexure A to Schedule 1 (refer to columns 2 and 3 of the table at Schedule 1 to this Declaration).
Licensee means Pivit Pty Ltd (ACN 109 578 752), as the company exists from time to time (even if its name is later changed).
relevant premises means premises that are:
(a) occupied or used by an end-user; and
(b) situated in a development area.
Specified Pivit Network means a telecommunications network:
(a) that is owned by the Licensee; and
(b) which is located in a development area; and
(c) which uses fibre-to-the-premises architecture.
Note The following expressions have the meaning given by the Act (see subsection 13(1) of the Legislative Instruments Act 2003):
(1) Upon reasonable request by an end-user at relevant premises, the Licensee must: (a) connect; or (b) arrange for another person on its behalf to connect; the relevant premises to the Specified Pivit Network in order that a carriage service provider can provide carriage services to the end-user at the relevant premises. (2) For the purposes of subclause (1), a request may be made directly by an end-user to the Licensee or by a carriage service provider to the Licensee on behalf of an end-user.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This declaration is the Carrier Licence Conditions (Pivit Pty Ltd) Declaration 2013.
In this Declaration:
Act means the Telecommunications Act 1997.
development area means a real estate development specified in column 1 of the table at Schedule 1 to this Declaration that occupies the corresponding area of land depicted in the relevant map at Annexure A to Schedule 1 (refer to columns 2 and 3 of the table at Schedule 1 to this Declaration).
Licensee means Pivit Pty Ltd (ACN 109 578 752), as the company exists from time to time (even if its name is later changed).
relevant premises means premises that are:
(a) occupied or used by an end-user; and
(b) situated in a development area.
Specified Pivit Network means a telecommunications network:
(a) that is owned by the Licensee; and
(b) which is located in a development area; and
(c) which uses fibre-to-the-premises architecture.
Note The following expressions have the meaning given by the Act (see subsection 13(1) of the Legislative Instruments Act 2003):
(1) Upon reasonable request by an end-user at relevant premises, the Licensee must: (a) connect; or (b) arrange for another person on its behalf to connect; the relevant premises to the Specified Pivit Network in order that a carriage service provider can provide carriage services to the end-user at the relevant premises. (2) For the purposes of subclause (1), a request may be made directly by an end-user to the Licensee or by a carriage service provider to the Licensee on behalf of an end-user.