156Deemed networks etc.

156 Deemed networks etc.

(1) For the purposes of this Part, if: (a) a telecommunications network is altered or upgraded on or after 1 January 2011, but before the designated commencement date; and (b) as a result of the alteration or upgrade, a part of the network became capable of being used to supply a superfast carriage service to residential customers, or prospective residential customers, in Australia; then: (c) that part is taken to be a network in its own right; and (d) the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011, but before the designated commencement date. (2) For the purposes of this Part, if: (a) a telecommunications network is extended on or after 1 January 2011, but before the designated commencement date; and (b) the extended part of the network is capable of being used to supply a superfast carriage service to residential customers, or prospective residential customers, in Australia; then: (c) the extended part is taken to be a network in its own right; and (d) the network referred to in paragraph (c) is taken to have come into existence on or after 1 January 2011, but before the designated commencement date. (3) If: (a) a part of the infrastructure of a telecommunications network is situated in a particular area that is being or was developed as a particular stage of a real estate development project (within the ordinary meaning of that expression); and (b) before the designated commencement date, the network is extended to another area that is being, or is to be, developed as another stage of the project; subsection (2) does not apply to the extension. (4) If: (a) a telecommunications network was in existence immediately before 1 January 2011; and (b) the network is extended on or after 1 January 2011; and (c) no point on the infrastructure of the extension is located more than: (i) 1 kilometre; or (ii) if a longer distance is specified in the regulations—that longer distance; from a point on the infrastructure of the network as the network stood immediately before 1 January 2011; then: (d) subsection (2) does not apply to the extension at any time before the designated commencement date; and (e) if, at a time that occurs on or after the designated commencement date, there is in force a legally enforceable agreement that satisfies the following conditions: (i) the agreement provides for the transfer of ownership or control of the infrastructure of the extension to an NBN corporation; (ii) the agreement is covered by a determination made under subsection 577BA(9); subsection (2) of this section does not apply to the extension at that time; and (f) if, at a time that occurs on or after the designated commencement date, there is in force a legally enforceable agreement that satisfies the following conditions: (i) the contract provides for the deactivation or decommissioning of the infrastructure of the extension; (ii) the contract was entered into between NBN Co and the listed Optus companies (see subsection (7)); subsection (2) does not apply to the extension at that time. (5) The regulations may provide that subsection (2) does not apply to a specified extension of a telecommunications network.