181Direction to carrier following inquiry

##### 181 Direction to carrier following inquiry (1) This section applies where, because of section 179, AUSTEL has held a public inquiry under Part 14. (2) AUSTEL must direct the carrier to supply the service to the public generally if AUSTEL is satisfied that: (a) having regard to the matters referred to in subsection (3), it is technically feasible for the carrier to supply, and charge for, that service as a service distinct from any other telecommunications service; and (b) the carrier is in a position to dominate a market for that service; and (c) unless the direction is given, there will be a substantial lessening of competition, within the meaning of the Trade Practices Act 1974, in a market for any other telecommunications service; and (d) complying with the direction will not significantly reduce the carrier’s ability to use facilities under its control to supply other telecommunications services in a way that enables the carrier to exploit the economies of scale and scope available to it because it controls those facilities; and (e) the carrier’s compliance with the direction will not unduly affect the practical ability of the carriers to be the primary suppliers of telecommunications services in Australia. (3) In determining whether it is satisfied that it is technically feasible for the carrier to supply, and charge for, the service as mentioned in paragraph (2)(a), AUSTEL must have regard to: (a) the technology used by, or available to, the carrier; and (b) whether the costs that would be involved in so supplying, and charging for, the service are reasonable; and (c) the effects that so supplying, and charging for, that service would have on the operation and performance of the telecommunications networks that the carrier operates. (4) If AUSTEL is not satisfied as mentioned in subsection (2), it must decide not to direct the carrier so to supply the service. (5) The direction under subsection (3), or the decision under subsection (4), must be in writing, and AUSTEL must: (a) give a copy of it to the carrier; and (b) publish its contents in whatever way AUSTEL thinks appropriate.