Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 152ARB

Layer 2 bitstream services--carriers and carriage service providers to carry on related activities on a non-discriminatory basis

Scope

             (1)  This section applies to a carrier or carriage service provider if:

                     (a)  a Layer 2 bitstream service is:

                              (i)  supplied using a designated superfast telecommunications network; and

                             (ii)  a declared service; and

                     (b)  the carrier or provider is subject to a category A standard access obligation in relation to the service.

No discrimination

             (2)  The carrier or provider must not, in carrying on any of the following activities, discriminate between access seekers:

                     (a)  developing a new eligible service;

                     (b)  enhancing a declared service;

                     (c)  extending or enhancing the capability of a facility or telecommunications network by means of which a declared service is, or is to be, supplied;

                     (d)  planning for a facility or telecommunications network by means of which a declared service is, or is to be, supplied;

                     (e)  an activity that is preparatory to the supply of a declared service;

                      (f)  an activity that is ancillary or incidental to the supply of a declared service;

                     (g)  giving information to service providers about any of the above activities.

Note:          For explanatory material, see section 152CJH.

Definition

             (6)  In this section:

"eligible service " has the same meaning as in section 152AL.



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