39Services covered by pre‑commencement access agreements etc.

#### 39 Services covered by pre‑commencement access agreements etc. (1) As soon as practicable after this section commences, but, in any event, before 1 July 1997, the ACCC must prepare a written statement specifying each eligible service that was covered by an access agreement registered under section 144 of the Telecommunications Act 1991 as at the beginning of 13 September 1996. (2) Despite subsection (1), the ACCC is not required by that subsection to specify a particular service in the statement if the ACCC is satisfied that specifying the service would not promote the long‑term interests of end‑users of the service or of services supplied by means of the service. (3) For the purposes of subsection (2), the question whether a particular thing promotes the long‑term interests of end‑users of services is to be determined in the same manner as it is determined for the purposes of Part XIC of the Trade Practices Act 1974. (4) Despite subsection (1), the ACCC must not specify a service if: (a) the service is supplied using an AMPS network; and (b) the ACCC is satisfied that the specification of the service would be inconsistent with the policies embodied in Part 19 of the Telecommunications Act 1997. (5) The ACCC must also specify in the statement an eligible service that is: (a) necessary for the purposes of enabling the supply of a broadcasting service by means of line links that deliver signals to end‑users; and (b) of a kind that was used for those purposes on 13 September 1996. (6) If the registration of an access agreement, or a variation of an access agreement, under section 144 of the Telecommunications Act 1991 occurs during the period: (a) beginning on 13 September 1996; and (b) ending at the end of 30 June 1997; the ACCC may also specify in the statement an eligible service that was covered by the access agreement or by the variation, as the case requires. (7) The ACCC must consult AUSTEL about the preparation or variation of the statement. (8) The ACCC must not prepare or vary the statement unless the ACCC has first: (a) published a draft of the statement or variation and invited people to make submissions to the ACCC on the draft; and (b) considered any submissions that were received within the time limit specified by the ACCC when it published the draft. (9) A copy of the statement, and of any variation of the statement, is to be published in the Gazette. (10) Part XIC of the Trade Practices Act 1974 has effect, in relation to an eligible service specified in the statement, as if the ACCC had: (a) made an instrument under subsection 152AL(3) of that Act declaring the service to be a declared service; and (b) complied with the requirements set out in subsection 152AL(3) of that Act in relation to the instrument. (11) This section does not prevent the instrument referred to in paragraph (10)(a) from being varied or revoked by the ACCC in accordance with section 152AO of the Trade Practices Act 1974. (12) Despite anything in the Telecommunications Act 1991, the ACCC is entitled to inspect, make copies of, or take extracts from, any part of the register referred to in section 144 of that Act for a purpose relating to the exercise of the ACCC’s powers under this section. (13) For the purposes of this section, it is to be assumed that Part 19 of the Telecommunications Act 1997 had commenced at the commencement of this section. (14) An express reference in subsection (6) to a variation of an access agreement does not imply that references in other provisions of this Part to access agreements do not include references to access agreements as varied by variations of those agreements. (15) In this section: > ACCC means the Australian Competition and Consumer Commission. > access agreement has the same meaning as in the Telecommunications Act 1991. > AMPS means the Advanced Mobile Phone System. > Note: The Advanced Mobile Phone System does not incorporate digital modulation techniques. > AUSTEL means the Australian Telecommunications Authority. > broadcasting service has the same meaning as in the Broadcasting Services Act 1992. > eligible service has the same meaning as in section 152AL of the Trade Practices Act 1974. > line link has the same meaning as in the Telecommunications Act 1997.