152BCIWhen public inquiry must be held

152BCI When public inquiry must be held

(1) If:

(a) the Commission makes a declaration under section 152AL after the commencement of this section; and

(b) no access determination has previously been made in relation to access to the declared service;

the Commission must, within 30 days after the declaration is made, commence to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.

(2) If:

(a) a declaration is in force under section 152AL immediately after the commencement of this section; and

(b) no access determination has previously been made in relation to access to the declared service;

the Commission must, during the 12‑month period beginning at the commencement of this section, commence to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.

(3) If:

(a) a declaration is in force under section 152AL; and

(b) an access determination has previously been made in relation to access to the declared service;

the Commission must, during the period:

(c) beginning 18 months before the expiry date for the access determination; and

(d) ending 6 months before the expiry date for the access determination;

commence to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.

(4) Subsection (3) has effect subject to subsections (5), (6) and (7).

(5) If:

(a) a declaration (the current declaration) is in force under section 152AL; and

(b) an access determination has previously been made in relation to access to the declared service; and

(c) the expiry date of the current declaration is extended or further extended for a period of not more than 12 months; and

(d) the Commission decides to allow the current declaration to expire without making a new declaration under section 152AL;

the Commission is not required to hold a public inquiry under Part 25 of the Telecommunications Act 1997 about a proposal to make an access determination relating to access to the declared service.

(6) If:

(a) a declaration is in force under section 152AL; and

(b) an access determination (the current determination) is in force in relation to access to the declared service; and

(c) the Commission commences to hold a public inquiry under subsection 152ALA(7) in relation to the declaration;