Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 48

(1) If :

   (a)  the sole use of a network unit is use to carry communications that are
        necessary or desirable for either or both of the following purposes:

        (i)    the supply of broadcasting services to the public;

        (ii)   the supply of a secondary carriage service by means of the main
               carrier signal of a primary broadcasting service; and

   (b)  the unit does not consist of, or include, a facility used to carry
        communications between:

        (i)    the head end of a cable transmission system; and

        (ii)   the equipment used by an end-user to receive a broadcasting
               service; and

   (c)  the unit does not consist of a broadcasting transmitter transmitting a
        signal of a broadcasting service to its intended audience; section 42
        does not apply to the unit.

(2) If:

   (a)  the principal use of a network unit is use to carry communications
        that are necessary or desirable for either or both of the following
        purposes:

        (i)    the supply of broadcasting services to the public;

        (ii)   the supply of a secondary carriage service by means of the main
               carrier signal of a primary broadcasting service; and

   (b)  the unit does not consist of, or include, a facility used to carry
        communications between:

        (i)    the head end of a cable transmission system; and

        (ii)   the equipment used by an end-user to receive a broadcasting
               service; and

   (c)  the unit does not consist of a broadcasting transmitter transmitting a
        signal of a broadcasting service to its intended audience; and

   (d)  the remaining use of the unit is use by one or more carriers, or by
        one or more exempt network-users, to supply carriage services and/or
        content services; section 42 does not apply to the unit.

(3) If the sole use of a line link is use for the purpose of a re-
transmission of a kind mentioned in paragraph 212(1)(a) or (b) of the
Broadcasting Services Act 1992, section 42 of this Act does not apply to the
line link.

(4) If:

   (a)  the principal use of a line link is use for the purpose of a re-
        transmission of a kind mentioned in paragraph 212(1)(a) or (b) of the
        Broadcasting Services Act 1992; and

   (b)  the remaining use of the line link is use by one or more carriers, or
        by one or more exempt network-users, to supply carriage services
        and/or content services; section 42 of this Act does not apply to the
        line link.

(5) In this section: broadcasting transmitter means a radiocommunications
transmitter used, or for use, to deliver a broadcasting service. head end of a
cable transmission system means a facility that:

   (a)  is connected to a line link; and

   (b)  is used, or for use, in connection with the delivery of a broadcasting
        service; and

   (c)  processes signals for delivery by the line link to end-users having
        equipment appropriate for receiving the service.