152CBAWhat is a special access undertaking?

152CBA What is a special access undertaking?

Scope

(1) This section applies to:

(a) a person (other than an NBN corporation) who is, or expects to be, a carrier or a carriage service provider supplying:

(i) a listed carriage service (within the meaning of the Telecommunications Act 1997); or

(ii) a service that facilitates the supply of a listed carriage service (within the meaning of that Act);

whether to itself or to other persons, so long as the service is not a declared service; or

(b) a person who is an NBN corporation and who is, or expects to be, a carrier or carriage service provider supplying or capable of supplying:

(i) a listed carriage service (within the meaning of the Telecommunications Act 1997); or

(ii) a service that facilitates the supply of a listed carriage service (within the meaning of that Act);

whether to itself or to other persons, so long as:

(iii) the service is not a declared service under subsection 152AL(8A); and

(iv) there is no access determination that applies in relation to access to the service.

Undertaking

(2) The person may give a written undertaking (a special access undertaking) to the Commission in connection with the provision of access to the service.

(3) If paragraph (1)(a) applies, the undertaking must state that, in the event that the person supplies the service (whether to itself or to other persons), the person:

(a) agrees to be bound by the obligations referred to in section 152AR, to the extent that those obligations would apply to the person in relation to the service if the service were treated as an active declared service; and

(b) undertakes to comply with the terms and conditions specified in the undertaking in relation to the obligations referred to in paragraph (a).

Note: The undertaking need not specify all terms and conditions—see subparagraph 152AY(2)(b)(ii).

(3A) If paragraph (1)(b) applies, the undertaking must state that, in the event that the person supplies, or becomes capable of supplying, the service (whether to itself or to other persons), the person:

(a) agrees to be bound by the obligations referred to in section 152AXB, to the extent that those obligations would apply to the person in relation to the service if the service were treated as a declared service; and

(b) undertakes to comply with the terms and conditions specified in the undertaking in relation to the obligations referred to in section 152AXB.

Note: The undertaking need not specify all terms and conditions—see subparagraph 152AY(2)(b)(ii).