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TELECOMMUNICATIONS ACT 1997 - SECT 44 Supply to the public

TELECOMMUNICATIONS ACT 1997 - SECT 44

Supply to the public

  (1)   This section sets out the circumstances in which a network unit is taken, for the purposes of section   42, to be used to supply a carriage service to the public.

  (2)   If:

  (a)   there is only one owner of a network unit; and

  (b)   no nominated carrier declaration is in force in relation to the unit; and

  (c)   any of the following conditions is satisfied:

  (i)   the unit is used for the carriage of communications between 2 end - users, where each end - user is outside the immediate circle of the owner of the unit;

  (ii)   the unit is used to supply point - to - multipoint services to end - users, where at least one end - user is outside the immediate circle of the owner of the unit;

  (iii)   the unit is used to supply designated content services (other than point - to - multipoint services) to one or more end - users, where at least one end - user is outside the immediate circle of the owner of the unit;

the unit is used to supply a carriage service to the public.

  (3)   If:

  (a)   there are 2 or more owners of a network unit; and

  (b)   no nominated carrier declaration is in force in relation to the unit; and

  (c)   any of the following conditions is satisfied:

  (i)   the unit is used for the carriage of communications between 2 end - users, where each end - user is outside the overlap of the immediate circles of the owners of the unit;

  (ii)   the unit is used to supply point - to - multipoint services to end - users, where at least one end - user is outside the overlap of the immediate circles of the owners of the unit;

  (iii)   the unit is used to supply designated content services (other than point - to - multipoint services) to one or more end - users, where at least one end - user is outside the overlap of the immediate circles of the owners of the unit;

the unit is used to supply a carriage service to the public.

  (4)   If:

  (a)   a nominated carrier declaration is in force in relation to a network unit; and

  (b)   any of the following conditions is satisfied:

  (i)   the unit is used for the carriage of communications between 2 end - users, where each end - user is outside the immediate circle of the nominated carrier in relation to the unit;

  (ii)   the unit is used to supply point - to - multipoint services to end - users, where at least one end - user is outside the immediate circle of the nominated carrier in relation to the unit;

  (iii)   the unit is used to supply designated content services (other than point - to - multipoint services) to one or more end - users, where at least one end - user is outside the immediate circle of the nominated carrier in relation to the unit;

the unit is used to supply a carriage service to the public.

  (5)   For the purposes of this section, a person is outside the overlap of the immediate circles of the owners of a network unit unless the person is:

  (a)   within the immediate circles of each of the owners of the unit; or

  (b)   the owner, or one of the owners, of the unit.

  (6)   For the purposes of this section, a designated content service is a content service of a kind specified in a written determination made by the Minister.

  (7)   A determination under subsection   (6) is a legislative instrument.

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