44VDetermination by Commission

44V  Determination by Commission  (1) Unless it terminates the arbitration under section 44Y, 44YA, 44ZZCB or 44ZZCBA, the Commission:  (a) must make a written final determination; and  (b) may make a written interim determination; on access by the third party to the service. Note 1: There are time limits that apply to the Commission’s final determination: see section 44XA. Note 2: The Commission may defer arbitration of the access dispute if it is also considering an access undertaking: see section 44ZZCB.  (2) A determination may deal with any matter relating to access by the third party to the service, including matters that were not the basis for notification of the dispute. By way of example, the determination may:  (a) require the provider to provide access to the service by the third party;  (b) require the third party to accept, and pay for, access to the service;  (c) specify the terms and conditions of the third party’s access to the service;  (d) require the provider to extend the facility;  (da) require the provider to permit interconnection to the facility by the third party;  (e) specify the extent to which the determination overrides an earlier determination relating to access to the service by the third party.  (2A) Without limiting paragraph (2)(d), a requirement referred to in that paragraph may do either or both of the following:  (a) require the provider to expand the capacity of the facility;  (b) require the provider to expand the geographical reach of the facility.  (3) A determination does not have to require the provider to provide access to the service by the third party.  (4) Before making a determination, the Commission must give a draft determination to the parties.  (5) When the Commission makes a determination, it must give the parties to the arbitration its reasons for making the determination.  (6) A determination is not a legislative instrument.