sec.117Access determination by authority

### sec.117 Access determination by authority The authority must make a written determination (an access determination ) in an arbitration on access to the declared service by the access seeker. However, the authority is not required to make an access determination if it ends the arbitration under section 122 . The determination may deal with any matter relating to access to the service by the access seeker, including matters that were not the basis for the access dispute notice for the access dispute. The authority is not required to make an access determination that requires the access provider to provide access to the service by the access seeker. Before making an access determination, the authority must give a draft determination to the parties. Subject to subsection (5) , the authority is not required to consult with any entity before making an access determination. When making an access determination, the authority must give the parties its reasons for making the determination. The fact that a party to an arbitration did not engage in negotiations for an access agreement in good faith does not affect— an arbitration; or the making of an access determination, or an access determination made, in the arbitration. s 117 sub 2000 No. 15 s 30 (sec.117-ssec.1) The authority must make a written determination (an access determination ) in an arbitration on access to the declared service by the access seeker. (sec.117-ssec.2) However, the authority is not required to make an access determination if it ends the arbitration under section 122 . (sec.117-ssec.3) The determination may deal with any matter relating to access to the service by the access seeker, including matters that were not the basis for the access dispute notice for the access dispute. (sec.117-ssec.4) The authority is not required to make an access determination that requires the access provider to provide access to the service by the access seeker. (sec.117-ssec.5) Before making an access determination, the authority must give a draft determination to the parties. (sec.117-ssec.6) Subject to subsection (5) , the authority is not required to consult with any entity before making an access determination. (sec.117-ssec.7) When making an access determination, the authority must give the parties its reasons for making the determination. (sec.117-ssec.8) The fact that a party to an arbitration did not engage in negotiations for an access agreement in good faith does not affect— an arbitration; or the making of an access determination, or an access determination made, in the arbitration. - (a) an arbitration; or - (b) the making of an access determination, or an access determination made, in the arbitration.