35Fixed radiocommunications link

35 Fixed radiocommunications link

(1) For the purposes of this Act, a fixed radiocommunications link is a facility, or a combination of facilities, where: (a) the facility or combination is used, or for use, in connection with the supply of a carriage service between 2 or more fixed points by means of radiocommunication; and (b) some or all of the communications carried by means of the facility or combination have the characteristic of double‑ended interconnection (as defined by subsection (3)); and (c) the facility or combination does not consist of: (i) one or more base stations that are part of a terrestrial radiocommunications customer access network; or (ii) one or more base stations that would be part of such a network if paragraph 34(1)(h) had not been enacted. (2) For the purposes of this section, a fixed point is a fixed point on: (a) land; or (b) a building or structure on land. (3) For the purposes of this section, if: (a) a communication is carried over a line link or other facility that, apart from this section, is an eligible network unit; and (b) the communication is then carried (immediately or with a transmission delay of not longer than 30 seconds), by means of radiocommunication, between 2 or more fixed points; and (c) the communication is then carried (immediately or with a transmission delay of not longer than 30 seconds) over another line link or other facility that, apart from this section, is an eligible network unit; the communication referred to in paragraph (b) has the characteristic of double‑ended interconnection. (4) In this section:

eligible network unit means a network unit:

(a) that is owned by one or more carriers; or
(b) in relation to which a nominated carrier declaration is in force.