152CJBMandatory NBN services

152CJB Mandatory NBN services

Scope

(1) This section applies if a condition of a carrier licence held by an NBN corporation requires the NBN corporation to comply with this section in relation to a specified eligible service (within the meaning of section 152AL) that is supplied, or is capable of being supplied, by the NBN corporation (whether to itself or other persons).

Note 1: See section 41 of the National Broadband Network Companies Act 2011.

Note 2: For declaration of carrier licence conditions, see section 63 of the Telecommunications Act 1997.

Compliance by NBN corporation

(2) The NBN corporation must, within 90 days after the carrier licence condition comes into force:

(a) both:

(i) formulate a standard form of access agreement that relates to access to the service; and

(ii) make the standard form of access agreement available on the NBN corporation’s website; or

(b) give the Commission a special access undertaking in connection with the provision of access to the service.

(3) If:

(a) the NBN corporation, in accordance with paragraph (2)(b), gives the Commission a special access undertaking in connection with the provision of access to the service; and

(b) the Commission rejects the undertaking;

the NBN corporation must, within 90 days after the rejection of the undertaking:

(c) formulate a standard form of access agreement that relates to access to the service; and

(d) make the standard form of access agreement available on the NBN corporation’s website.

(4) If the NBN corporation, in accordance with

(a) subparagraph (2)(a)(ii); or

(b) paragraph (3)(d);

makes a standard form of access agreement available on the NBN corporation’s website, the NBN corporation must ensure that a standard form of access agreement that:

(c) relates to access to the service; and

(d) is formulated by the NBN corporation;

is available on the NBN corporation’s website at all times during the remainder of the period when the carrier licence condition is in force.

(5) If:

(a) the NBN corporation, in accordance with paragraph (2)(b), gives the Commission a special access undertaking in connection with the provision of access to the service; and

(b) the Commission accepts the undertaking; and

(c) the undertaking subsequently ceases to be in operation;

the NBN corporation must ensure that a standard form of access agreement that:

(d) relates to access to the service; and