5Definitions

5 Definitions

In this determination:

ACMA means the Australian Communications and Media Authority.

Act means the Telecommunications Act 1997.

activated means, in relation to an NBN service, that the modem has been connected inside the premises and has been turned on.

alternative arrangement means an arrangement agreed by the NBN CSP and the consumer, where the requirement to supply an interim service under Part 3 applies, and may include:

(a) the payment of reasonable compensation;

(b) the application of credit to the consumer’s account for mobile data;

(c) reconnection of a legacy service;

(d) payment to an alternative provider for the provision of a mobile data service; or

(e) any other arrangement agreed by the NBN CSP and the consumer that is not merely:

(i) rescheduling an appointment to provide an operational NBN service; or

(ii) an arrangement that the consumer need not make payments in relation to an NBN service that is not operational.

applicable speed means the layer 2 line rate for the speed tier specified in the consumer contract for an NBN consumer plan.

consumer means:

(a) an individual who acquires or may acquire a carriage service for the primary purpose of personal or domestic use and not for resale; or (b) a business or non-profit organisation which acquires or may acquire one or more carriage services which are not for resale and which, at the time it enters into the consumer contract: (i) does not have a genuine and reasonable opportunity to negotiate the terms of the consumer contract; and (ii) has or will have an annual spend with the carriage service provider which is, or is estimated on reasonable grounds by the carriage service provider to be, no greater than $40,000.

A reference to a consumer includes a reference to the consumer’s representative.

consumer contract means an arrangement or agreement between a carriage service provider and a consumer for the supply of a carriage service to that consumer, and includes a standard form of agreement formulated by a carriage service provider for the purposes of section 479 of the Act.

consumer supplied modem means a modem other than a modem that is supplied by the NBN CSP in connection with the supply of the NBN service to the consumer.

interim service means a voice service or broadband service, or both, other than an NBN backup service or an NBN service, supplied or arranged to be supplied by an NBN CSP to a consumer.