35Arbitration determinations

35 Arbitration determinations (1) An arbitrator must decide a dispute by making a written determination on access to the services by the third party. (2) A determination may deal with any matter relating to access by the third party to the services, including matters that were not the basis for the notification of the dispute, and matters like the following: (a) a requirement of the access provider to give access to specified services to the third party;

(b) a requirement that the third party accept, and pay for, access to the services; (c) a determination of the terms and conditions of access to the services; (d) a requirement that the access provider extend the infrastructure facility; (e) a determination of the extent to which the determination is to override any earlier determination relating to access to the services by the third party. (3) A determination must not require the access provider to bear any of the costs of extending infrastructure facilities or of maintaining those extensions. (4) A determination does not have to require the access provider to provide access to the services by the third party. (5) A determination may vary the effect of a price determination as it affects the parties to the dispute.