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TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 209 Issuing of class licences

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 209

Issuing of class licences
209. (1) AUSTEL may, by notice published in the Gazette, issue class licences
specifying eligible services that persons are, subject to the conditions set
out in the licences, permitted to supply.

(2) AUSTEL may include in a class licence whatever conditions it thinks
necessary or desirable to achieve the objects of this Part, including, for
example, conditions relating to:

   (a)  technical and operational standards for the supply of eligible
        services; and

   (b)  compliance with technical standards about network matters in force
        under Division 3 of Part 12; and

   (c)  how eligible services specified in the licence are to be supplied; and

   (d)  prohibition of the supply of eligible services for illegal purposes;
        and

   (e)  prohibition of the use of telecommunications networks in an unlawful
        way or for unlawful purposes.

(3) A class licence, or a condition, may be expressed to apply in relation to
specified persons.

(4) Subsection (3) does not limit subsection (1) or (2).

(5) AUSTEL must not issue a class licence unless it is satisfied that the
conditions included in the licence are sufficient to ensure that any customer
equipment, customer cabling, or other equipment, that will be used in the
supply of an eligible service under the licence will comply with technical
standards determined under Divisions 2 and 3 of Part 12.

(6) AUSTEL must not issue a class licence that is inconsistent with directions
given by the Minister under Division 2.

(7) In deciding whether or not to issue a particular class licence, AUSTEL
must have regard to the carriers' rights under Parts 6 and 9.

(8) A class licence has effect on and from the day specified in the notice
published under subsection (1).