CTHRepealedAct
Telecommunications Act 1991
138Supplementary access conditions of licences
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##### 138 Supplementary access conditions of licences
(1) The licence conditions that may be imposed under section 64 or 65 include conditions (called supplementary access conditions of the licence) that impose on the holder of the licence obligations relating to:
(a) in any case—the grant by the holder to other carriers of rights or interests in relation to facilities, or in relation to land in or on which facilities are located; or
(b) if:
(i) other carriers supply telecommunications services by means of facilities interconnected to telecommunications networks of the holder; or
(ii) the holder supplies telecommunications services to other carriers for the purposes of the other carriers supplying telecommunications services;
the supply by the holder, to the other carriers, of specified goods or services in connection with matters associated with, or incidental to, the supply by the other carriers of:
(iii) the services referred to in subparagraph (i); or
(iv) the services last referred to in subparagraph (ii);
as the case may be.
(1A) Examples of matters of a kind referred to in paragraph (1)(b) are:
(a) customer billing and operator assistance (including directory assistance); and
(b) published directories of telecommunications services.
(2) Without limiting subsection (1), a supplementary access condition may require a carrier to grant rights or interests, or to supply goods or services, on such reasonable terms and conditions as the carrier and the acquirer of the rights, interests, goods or services agree on or, failing agreement, as AUSTEL determines under section 154.
(3) Without limiting the terms and conditions that may be agreed on or determined for the purposes of a supplementary access condition that requires as mentioned in subsection (2), those terms and conditions may include terms and conditions about charges payable for the grant of the rights or interests, or the supply of the goods or services, as the case requires, or for related matters.
(4) Nothing in this section limits the generality of anything in section 63, 64 or 65.