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TELECOMMUNICATIONS ACT 1997 - SECT 110 Sections of the telecommunications industry

TELECOMMUNICATIONS ACT 1997 - SECT 110

Sections of the telecommunications industry

  (1)   For the purposes of this Part, sections of the telecommunications industry are to be ascertained in accordance with this section.

  (2)   For the purposes of this Part, each of the following groups is a section of the telecommunications industry :

  (a)   carriers;

  (b)   service providers;

  (c)   carriage service providers;

  (d)   carriage service providers who supply standard telephone services;

  (e)   carriage service providers who supply public mobile telecommunications services;

  (f)   content service providers;

  (g)   persons who perform cabling work (within the meaning of Division   9 of Part   21);

  (h)   persons who manufacture or import customer equipment or customer cabling;

  (i)   electronic messaging service providers;

  (j)   persons who install:

  (i)   optical fibre lines; or

  (ii)   facilities used, or for use, in or in connection with optical fibre lines.

  (3)   The ACMA may, by written instrument, determine that persons carrying on, or proposing to carry on, one or more specified kinds of telecommunications activity constitute a section of the telecommunications industry for the purposes of this Part.

  (4)   The section must be identified in the determination by a unique name and/or number.

  (5)   A determination under subsection   (3) has effect accordingly.

  (6)   Sections of the telecommunications industry determined under subsection   (3):

  (a)   need not be mutually exclusive; and

  (b)   may consist of the aggregate of any 2 or more sections of the telecommunications industry mentioned in subsection   (2) or determined under subsection   (3); and

  (c)   may be subsets of a section of the telecommunications industry mentioned in subsection   (2) or determined under subsection   (3).

  (7)   Subsection   (6) does not, by implication, limit subsection   (3).

  (8)   A copy of a determination under subsection   (3) is to be published in the Gazette .

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