215Carriers to be consulted on proposed variations

##### 215 Carriers to be consulted on proposed variations (1) Subject to subsection (2), where an application is made under section 214, AUSTEL must send to each carrier who is, in AUSTEL’s opinion, likely to be interested in the application: (a) a copy of a proposed variation of the class licence concerned that AUSTEL proposes it would make if it were to accept the application; and (b) if AUSTEL considers it necessary to give to the carrier information contained in the application for the purpose of enabling the carrier to make representations to AUSTEL concerning the proposed variation—a statement setting out such of that information as AUSTEL considers necessary to give to the carrier for that purpose. (2) AUSTEL must not give a carrier a statement under paragraph (1)(b) unless it has reached agreement with the applicant as to the information to be set out in the statement. (3) Subject to subsection (4), if no agreement is necessary or each necessary agreement is reached, AUSTEL must accept the application and, by written notice, inform the applicant that it has been accepted. (4) If: (a) AUSTEL considers it necessary for a statement of a kind referred to in paragraph (1)(b) to be given to a carrier for the purpose of enabling the carrier to make representations to AUSTEL concerning the proposed variation but is unable to reach agreement with the applicant as to the information to be set out in the statement; or (b) AUSTEL is satisfied that it would not be possible to comply with subsection 217(3) in varying the class licence concerned in order to permit the supply of the eligible service to which the application relates; AUSTEL must refuse to accept the application. (5) On refusing to accept the application, AUSTEL must: (a) give to the applicant written notice: (i) stating that AUSTEL refuses to accept the application; and (ii) giving its reasons for its refusal; and (b) return the application, and any documents that accompanied the application, to the applicant.