38Access undertakings

#### 38 Access undertakings 38 Access undertakings > > (1) A service provider may give IPART an access undertaking with respect to any one or more of its infrastructure services (whether or not it has begun providing them and whether or not they are the subject of coverage declarations). > > > (2) An access undertaking is to be in the form of a document that sets out the service provider’s arrangements for the provision of access to its infrastructure services. > > > (3) Those arrangements must provide for any disputes concerning the provision of access to its infrastructure services to be referred to IPART for resolution in accordance with section 40. > > > (4) An access undertaking does not have effect until it has been approved by IPART. > > > (5) On receiving an application for approval of an access undertaking, IPART must invite public submissions on the application. > > > (6) In deciding whether to approve a service provider’s access undertaking, IPART must have regard to the following— > > > > > (a) the legitimate business interests of the service provider, > > > > > (b) the public interest, including the public interest in having competition in markets, > > > > > (c) the interests of prospective access seekers, > > > > > (d) any other matters that IPART considers relevant. > > > > Note. > > > > See also section 41 in relation to the application of pricing principles and section 92 in relation to IPART’s guidelines as to the exercise of its functions under this section. > > > (7) An access undertaking has effect for the period specified in the undertaking in that regard, and may only be varied during that period with the consent of IPART. > > > (8) A service provider must keep its access undertakings available for inspection by members of the public, free of charge, during normal office hours. > > > (9) It is sufficient compliance with subsection (8) if copies of the access undertakings are made available to the public on the service provider’s internet website. > > > (10) Copies of an access undertaking are to be made available to members of the public, at cost, during normal office hours.