25Public mobile telecommunications service

##### 25 Public mobile telecommunications service (1) A telecommunications service is a public mobile telecommunications service if, and only if: (a) it is not a public access cordless telecommunications service (as defined by section 26); and (b) it is offered to the public generally; and (c) a person can use it while moving continuously between places; and (d) customer equipment used for or in relation to the supply of the service is not in physical contact with any part of the telecommunications network by means of which the service is supplied; and (e) a facility that is used for or in relation to supplying the service is connected to a telecommunications network operated by a general carrier; and (f) neither of subsections (2) and (3) prevents the service from being a public mobile telecommunications service. (2) A telecommunications service is not a public mobile telecommunications service if: (a) it is supplied by means of a telecommunications network (in this subsection called the primary network) that is connected to: (i) a telecommunications network (in this subsection called a general network) operated by a general carrier; or (ii) each of 2 or more general networks; and (b) the principal function of the primary network is to supply telecommunications services between equipment connected to the primary network and other such equipment; and (c) the supply of telecommunications services between such equipment and equipment connected to a general network is at most an ancillary function of the primary network; and (d) despite the connection or connections referred to in paragraph (a), the primary network cannot be used in carrying a communication, as a single transaction, between equipment connected to a general network and other such equipment. (3) A telecommunications service is not a public mobile telecommunications service if it is: (a) a one-way only, store-and-forward communications service; or (b) a service that performs the same functions as such a service.