233Connection etc. of unlicensed services

233 Connection etc. of unlicensed services

(1) Where, under section 228, AUSTEL declares an eligible service to be an unlicensed service, it must give to each carrier a written notice:

(a) stating that the declaration has been made; and

(b) specifying the service concerned; and

(c) specifying the person to whom the declaration was given; and

(d) directing the carrier:

(i) if the service concerned is already connected to a telecommunications network operated by the carrier—to take the necessary action to ensure that the service is no longer so connected; or

(ii) if the service concerned is not already so connected—not to connect the service to any telecommunications network that it operates.

(2) Where:

(a) under section 228, AUSTEL declares an eligible service to be an unlicensed service; and

(b) AUSTEL knows of a person (other than a carrier) to whose facilities the service is connected, or is intended to be connected;

AUSTEL must give to each such person of whom it knows (in this subsection called the supplier) a written notice:

(c) stating that the declaration has been made; and

(d) specifying the service concerned; and

(e) specifying the person to whom the declaration was given; and

(f) directing the supplier:

(i) if the service concerned is already connected to facilities of the supplier—to take the necessary action to ensure that the service is no longer so connected; or

(ii) if the service concerned is not already connected—not to connect the service to any of the supplier’s facilities.

(3) A person who contravenes a direction under subsection (2) is guilty of an offence punishable on conviction by a fine of an amount not exceeding $12,000.