234Carriers must connect eligible services

##### 234 Carriers must connect eligible services (1) Where a person wishing to supply an eligible service gives a carrier that operates a telecommunications network that will need to be used in the supply of the service a request to connect the service to the network, the carrier must connect the service. (2) Subsection (1) does not apply if a direction has been given to the carrier under subsection 233(1) in relation to the service. (3) Subsection (1) does not require a carrier to connect an eligible service to a telecommunications network if there is included in another carrier’s BCS tariff each telecommunications service that the first-mentioned carrier would supply to the person because of that connection. (4) A carrier does not contravene an obligation under subsection (1) to connect a service to a network if the connection is delayed: (a) for a period that: (i) is reasonable in the circumstances; and (ii) is not substantially longer than the delay normally experienced for connection of a service of that type, and in that locality, to the network; or (b) because a connection of the service is not technically feasible; or (c) for reasons beyond the carrier’s control. (5) Paragraph (4)(b) does not apply in relation to the connection of an eligible service to a telecommunications network operated by a carrier unless there is in force a written notice, given by AUSTEL to the carrier, certifying that connection of an eligible service of that kind to a telecommunications network is not technically feasible. (6) Where AUSTEL is satisfied that it has become technically feasible to connect an eligible service of a kind in respect of which a notice under subsection (5) is in force, AUSTEL must, by written notice given to the carrier to whom the notice under subsection (5) was given, revoke the notice under subsection (5). (7) Subsection (1) does not apply if the carrier has reasonable grounds for believing that a person to whom the carrier would supply a telecommunications service because of the connection would fail, to a material extent, to comply with the terms and conditions on which the carrier would supply the service to the person. (8) Examples of the grounds a carrier might have for believing as mentioned in subsection (7) include: (a) evidence that the person is not creditworthy; and (b) repeated failures by the person to comply with the terms and conditions on which that or another carrier has supplied to the person a telecommunications service of the same or a similar kind. (9) A reference in this section to connecting a service to a network includes a reference to connecting to the network a facility used for or in relation to supplying the service.