281Disconnection etc. of customer equipment or customer cabling

##### 281 Disconnection etc. of customer equipment or customer cabling (1) A carrier may cease supplying a service to a person by means of a telecommunications network operated by the carrier if, through the use of the service, there is connected to the network customer equipment or customer cabling that is a threat to: (a) the safety or proper functioning of the network; or (b) the safety of any person. (2) A carrier may refuse to supply to a person a service of a kind normally provided by the carrier by means of a telecommunications network operated by the carrier if the carrier is satisfied that the person intends, through the use of the service, to connect or have connected to the network customer equipment or customer cabling that is a threat to: (a) the safety or proper functioning of the network; or (b) the safety of any person. (3) Where a carrier stops providing a service to a person under subsection (1) or refuses to provide a service to a person under subsection (2), the person may apply to AUSTEL for an order under subsection (6). (4) AUSTEL must, by notice in writing: (a) inform the carrier concerned of the making of the application; and (b) invite the carrier to make representations to AUSTEL, within 7 days after receiving the notice, about whether an order should be made under subsection (6). (5) In deciding whether to make an order under subsection (6), AUSTEL must give due consideration to any representations so made. (6) Where, on an application having been made, AUSTEL is satisfied that the connection to a telecommunications network, operated by the carrier concerned, of the customer equipment or customer cabling to which the application relates is not a threat to: (a) the safety or proper functioning of the network; or (b) the safety of any person; AUSTEL must, by written notice: (c) order the carrier to supply the service that is necessary for connection of the customer equipment or customer cabling to the network; and (d) inform the applicant that the order has been made. (7) Where AUSTEL decides not to make an order under subsection (6), it must give to the applicant written notice that the application is refused, together with: (a) its reasons for the refusal; and (b) a statement to the effect that the person may, within 21 days after receiving the notice, apply to AUSTEL for reconsideration of the refusal. (8) If, at the end of 30 days after an application for the making of an order under subsection (6) has been made, AUSTEL has not made such an order, AUSTEL is taken, for the purposes of section 284: (a) to have decided, on the last of the 30 days, not to make such an order; and (b) to have informed the person accordingly on that day.