Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020
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This Instrument is the Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020.
3 Authority
This Instrument is made under subsections 360H(3A) and 360H(5A) of the Telecommunications Act 1997, and subsection 33(3A) of the Acts Interpretation Act 1901.
4 Definitions
Note: A number of expressions used in this Instrument are defined in the Act, including the following:
(a) building redevelopment project (section 360Y);
(b) carriage service (section 7);
(ba) designated Telstra successor company (section 581G);
(c) eligible service (section 360A);
(d) hybrid fibre‑coaxial network (section 7);
(e) NBN corporation (section 7);
(f) public mobile telecommunications service (section 32);
(g) qualifying carriage service (section 360A);
(h) qualifying fixed‑line carriage service (section 360A);
(i) real estate development project (section 372Q);
(j) standard telephone service (section 7); and
(k) Telstra (section 7).
In this Instrument:
Act means the Telecommunications Act 1997.
contractual arrangement includes a deed, contract, undertaking or any other form of legally binding arrangement.
project area:
(a) for a building redevelopment project—has the same meaning as in section 360A of the Act; and
(b) for a real estate development project—has the same meaning as in subsections 372Q(2) and 372Q(6) of the Act.
Start Date means the day upon which Part 1, Division 2 of Schedule 3 to the Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 comes into effect.
Part 2 Exempt Real Estate Development Projects
Note 1: Subsection 360H(2) of the Act provides that where a carrier (other than an NBN corporation) has installed telecommunications network infrastructure under a contract for the supply of eligible services to premises in the whole of the project area of a real estate development project, the carrier must declare that all of the project area is a provisional nominated service area within 10 business days after completion of the infrastructure build and that carrier becomes the statutory infrastructure provider for that relevant area.
Note 2: Subsection 360H(3A) provides that the Minister may, by legislative instrument, exempt a specified real estate development project from subsection 360H(2). In cases where a project is exempted under subsection 360H(3A), the project area would remain a general service area of NBN Co until such time (if at all) that area become a nominated service area by declaration made by a carrier.
Part Part 1 - Telecommunications (Statutory Infrastructure Providers—Exempt Real Estate Development Projects and Building Redevelopment Projects) Determination (No.1) 2020 - Introductory | Zoe
5 Exempt Real Estate Development Projects (to be served by certain copper networks)
A real estate development project will be exempt from subsection 360H(2), if all of the following apply to the project:
(a) there is telecommunications network infrastructure installed within any part of the project area that will enable the supply of eligible services to premises in the whole of the project area;
(b) the telecommunications network infrastructure referred to in paragraph (a) above:
(i) was fully installed on or after the Start Date;
(ii) was installed in accordance with a contractual arrangement entered into by Telstra or a designated Telstra successor company and the person responsible for the real estate development project, and the contractual arrangement does not require Telstra or the designated Telstra successor company to supply qualifying carriage services within all or any part of the project area;
(iii) at the time of installation, formed part of a fixed‑line telecommunications network owned and operated by Telstra or a designated Telstra successor company, and that network:
A. is not technically capable of being used to supply qualifying fixed‑line carriage services; and
B. is used to supply standard telephone services in fulfilment of the obligation referred to in paragraph 9(1)(a) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
Part 3 Exempt Building Redevelopment Projects
Note 1: Subsection 360H(4) of the Act provides that where a carrier (other than an NBN corporation) has installed telecommunications network infrastructure under a contract for the supply of eligible services to premises in the whole of the project area of a building redevelopment project, the carrier must declare that all of the project area is a provisional nominated service area within 10 business days after completion of the infrastructure build and that carrier becomes the statutory infrastructure provider for that relevant area.
Note 2: Proposed subsection 360H(5A) provides that the Minister may, by legislative instrument, exempt a specified building redevelopment project from subsection 360H(4). In cases where a project is exempted under subsection 360H(5A), the project area would remain a general service area of NBN Co until such time (if at all) that area become a nominated service area by declaration made by a carrier.
9 Exempt Building Redevelopment Projects (to be served by certain copper networks)
A building redevelopment project will be exempt from subsection 360H(4), if all of the following apply to the project:
(a) there is telecommunications network infrastructure installed within any part of the project area that will enable the supply of eligible services to premises in the whole of the project area;
(b) the telecommunications network infrastructure referred to in paragraph (a) above:
(i) was fully installed on or after the Start Date;
(ii) was installed in accordance with a contractual arrangement entered into by Telstra or a designated Telstra successor company and the person responsible for the building redevelopment project, and the contractual arrangement does not require Telstra or the designated Telstra successor company to supply qualifying carriage services within all or any part of the project area;
(iii) at the time of installation, formed part of a fixed‑line telecommunications network owned and operated by Telstra or a designated Telstra successor company, and that network:
A. is not technically capable of being used to supply qualifying fixed‑line carriage services; and
B. is used to supply standard telephone services in fulfilment of the obligation referred to in paragraph 9(1)(a) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.