Final Determination Model Non price Terms and Conditions
Legislative RequirementsLegislative Requirements
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Legislative Requirements
This section sets out some of the key legislative requirements of the Commission under the Act.
The recently inserted section 152AQB of the Act requires the Commission to make a written determination setting out model terms and conditions relating to access to each core service.7 This written determination must be published by the Commission, including in electronic form.8 The applicable core services are specified in sub-section (1) as follows:
the Domestic Public Switched Telephone Network (PSTN) Originating Access Service (PSTN originating service);
the Domestic Public Switched Telephone Network (PSTN) Terminating Access Service (PSTN terminating service);
the Unconditioned Local Loop Service (ULLS);
the Local Carriage Service (LCS); and
any additional core service specified in regulations by the Minister.
Before making a determination, the Commission must publish a draft of a determination and invite people to make submissions on a draft determination.9 Additionally, the Commission must consult with the Australian Communications Authority (ACA) before making a determination.10 The release of this Determination is intended to fulfil the Commission’s obligations under the TPA.
A determination will remain in force for a period of 5 years in relation to the particular core service, unless sooner revoked.11 Finally, the Commission must have regard to a determination made under s152AQB if it is required to arbitrate an access dispute in relation to a core service covered by a determination.12