217Variation of class licences

##### 217 Variation of class licences (1) Where an application has been accepted under subsection 215(3), AUSTEL may, by written notice given to the applicant, vary a class licence in such a way that the eligible service that is the subject of the application will be supplied under the class licence. (2) AUSTEL must, before deciding whether to vary the class licence, give due consideration to any representations made under section 216 by carriers concerning the proposed variation of the licence. (3) AUSTEL must not vary a class licence under this section unless it is satisfied that the conditions included in the licence, as varied, are sufficient to ensure that any customer equipment, customer cabling or other equipment that will be used in supplying an eligible service under the licence will comply with technical standards determined under Divisions 2 and 3 of Part 12. (4) AUSTEL must not vary a class licence in a way that is inconsistent with directions given by the Minister under Division 2. (5) AUSTEL must not vary a class licence under this section so that: (a) an eligible service that was previously permitted to be supplied under the licence would no longer be permitted; or (b) the conditions under which an eligible service is permitted to be supplied under the licence would become more onerous on a supplier of the service. (6) A class licence varied under this section has effect, as varied, on and from the day on which notice of the variation is given under subsection (1). (7) Where AUSTEL varies a class licence under this section, it must: (a) under section 222, register under the class licence the eligible service in relation to which the application for the variation was made; and (b) cause to be published in the Gazette a notice: (i) specifying the class licence that has been varied; and (ii) setting out the text of the variation; and (iii) specifying the day on and from which the variation has effect; and (c) give a copy of the text of the variation to each carrier; and (d) subject to subsection (9), give a copy of its reasons for varying the licence to each carrier (if any) that has made representations concerning the application under section 216. (8) AUSTEL must include in the notice given under subsection (1) a statement that the eligible service concerned has been registered under the class licence. (9) AUSTEL must remove any confidential commercial information from the documents that it gives to a carrier under subsection (7). (10) If AUSTEL decides not to vary the licence under this section, it must: (a) give to the applicant written notice that the application is refused together with reasons for the refusal; and (b) give to each carrier to whom notice of the application was given under subsection 215(1) written notice that the application is refused.