152AASimplified outline

152AA Simplified outline

The following is a simplified outline of this Part:

• This Part sets out a telecommunications access regime.

• A carriage service, or a related service, supplied, or capable of being supplied, by a carrier (other than an NBN corporation) or a carriage service provider (other than an NBN corporation) is a declared service if:

(a) the Commission has declared the service to be a declared service; or

(b) the service is supplied by the carrier or carriage service provider, and a special access undertaking given by the carrier or carriage service provider is in operation in relation to the service.

• A carriage service, or a related service, supplied, or capable of being supplied, by an NBN corporation is a declared service if:

(a) the Commission has declared the service to be a declared service; or

(b) the NBN corporation has formulated a standard form of access agreement that relates to access to the service; or

(c) the service is supplied by the NBN corporation, and a special access undertaking given by the NBN corporation is in operation in relation to the service.

• Carriers and carriage service providers who provide declared services are required to comply with standard access obligations in relation to those services.

• The standard access obligations facilitate the provision of access to declared services by service providers in order that service providers can provide carriage services and/or content services.

• The terms and conditions on which carriers and carriage service providers are required to comply with the standard access obligations are subject to agreement.

• If agreement cannot be reached, but the carrier or carriage service provider has given an access undertaking, the terms and conditions are as set out in the access undertaking.

• 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.