sec.137Contents of access undertakings

### sec.137 Contents of access undertakings An access undertaking must state the expiry date of the undertaking. An access undertaking for a service owned or operated by a related access provider must include provisions for— identifying, preventing and remedying conduct of the related access provider that unfairly differentiates in a material way between— in negotiating access agreements, or amendments to access agreements, relating to the service—access seekers; or in providing access to the service—users; and preventing the related access provider recovering, through the price of access to the service, costs that are not reasonably attributable to the provision of the service. An access undertaking for a service may include details of the following— how charges for access to the service are to be calculated; information to be given to access seekers; information to be given to the authority or another person; an obligation on the owner or operator to comply with decisions of the authority or another person about disputes about matters stated in the undertaking; information to be given to the authority about compliance with the undertaking and performance indicators stated in the undertaking; time frames for giving information in the conduct of negotiations about access to the service; how the spare capacity of the service is to be worked out; arrangements for the transfer of all or part of the interest of a user of the service under an access agreement; accounting requirements to be satisfied by the owner or operator and a user in relation to the service or separate parts of the service; arrangements to be made by the owner or operator to separate the owner’s, or operator’s, operations concerning the service from other operations of the owner or operator concerning another commercial activity; the provision of the service to users otherwise than by the owner or operator to whom the undertaking relates; terms relating to extending the facility; requirements for the safe operation of the facility; how contributions by users to the cost of establishing or maintaining the facility will be taken into account in calculating charges for access to the service; provisions to be included in access agreements in relation to the service; the review of the undertaking. In this section— material way , in relation to unfair differentiation between access seekers or users, means a way that has a material adverse effect on the ability of 1 or more of the access seekers or users to compete with other access seekers or users. s 137 amd 1997 No. 77 s 91 ; 2000 No. 15 s 34 ; 2005 No. 37 s 17 ; 2010 No. 32 s 50 (sec.137-ssec.1) An access undertaking must state the expiry date of the undertaking. (sec.137-ssec.1A) An access undertaking for a service owned or operated by a related access provider must include provisions for— identifying, preventing and remedying conduct of the related access provider that unfairly differentiates in a material way between— in negotiating access agreements, or amendments to access agreements, relating to the service—access seekers; or in providing access to the service—users; and preventing the related access provider recovering, through the price of access to the service, costs that are not reasonably attributable to the provision of the service. (sec.137-ssec.2) An access undertaking for a service may include details of the following— how charges for access to the service are to be calculated; information to be given to access seekers; information to be given to the authority or another person; an obligation on the owner or operator to comply with decisions of the authority or another person about disputes about matters stated in the undertaking; information to be given to the authority about compliance with the undertaking and performance indicators stated in the undertaking; time frames for giving information in the conduct of negotiations about access to the service; how the spare capacity of the service is to be worked out; arrangements for the transfer of all or part of the interest of a user of the service under an access agreement; accounting requirements to be satisfied by the owner or operator and a user in relation to the service or separate parts of the service; arrangements to be made by the owner or operator to separate the owner’s, or operator’s, operations concerning the service from other operations of the owner or operator concerning another commercial activity; the provision of the service to users otherwise than by the owner or operator to whom the undertaking relates; terms relating to extending the facility; requirements for the safe operation of the facility; how contributions by users to the cost of establishing or maintaining the facility will be taken into account in calculating charges for access to the service; provisions to be included in access agreements in relation to the service; the review of the undertaking. (sec.137-ssec.3) In this section— material way , in relation to unfair differentiation between access seekers or users, means a way that has a material adverse effect on the ability of 1 or more of the access seekers or users to compete with other access seekers or users. - (a) identifying, preventing and remedying conduct of the related access provider that unfairly differentiates in a material way between— (i) in negotiating access agreements, or amendments to access agreements, relating to the service—access seekers; or (ii) in providing access to the service—users; and - (i) in negotiating access agreements, or amendments to access agreements, relating to the service—access seekers; or - (ii) in providing access to the service—users; and - (b) preventing the related access provider recovering, through the price of access to the service, costs that are not reasonably attributable to the provision of the service. - (i) in negotiating access agreements, or amendments to access agreements, relating to the service—access seekers; or - (ii) in providing access to the service—users; and - (a) how charges for access to the service are to be calculated; - (b) information to be given to access seekers; - (ba) information to be given to the authority or another person; - (bb) an obligation on the owner or operator to comply with decisions of the authority or another person about disputes about matters stated in the undertaking; - (bc) information to be given to the authority about compliance with the undertaking and performance indicators stated in the undertaking; - (c) time frames for giving information in the conduct of negotiations about access to the service; - (d) how the spare capacity of the service is to be worked out; - (da) arrangements for the transfer of all or part of the interest of a user of the service under an access agreement; - (e) accounting requirements to be satisfied by the owner or operator and a user in relation to the service or separate parts of the service; - (ea) arrangements to be made by the owner or operator to separate the owner’s, or operator’s, operations concerning the service from other operations of the owner or operator concerning another commercial activity; - (f) the provision of the service to users otherwise than by the owner or operator to whom the undertaking relates; - (g) terms relating to extending the facility; - (h) requirements for the safe operation of the facility; - (i) how contributions by users to the cost of establishing or maintaining the facility will be taken into account in calculating charges for access to the service; - (j) provisions to be included in access agreements in relation to the service; - (k) the review of the undertaking.