TELECOMMUNICATIONS REGULATIONS 1991 NO. 200 TELECOMMUNICATIONS REGULATIONS 1991 NO. 200 - TABLE OF PROVISIONS 2. Interpretation 3. Application of the Act-prescribed external Territories 4. Line links used by broadcasters-prescribed telecommunications services and prescribed licences 5. Prescribed earth stations for the supply by satellite of an international service 6. Prescribed telecommunications services to which the prohibition of discrimination between acquirers of the service does not apply 1991 No. 200 TELECOMMUNICATIONS REGULATIONS - REG 2 Interpretation 2. In these Regulations, unless the contrary intention appears: "Act" means the Telecommunications Act 1991; "business" means: (a) a company or registered body within the meaning of the Corporations Law; or (b) a business conducted under a name that is required to be registered under a law of a State or Territory; or (c) a business conducted on premises that are, or a part of premises that is, used substantially to conduct the business; or (d) a Department or authority of the government of the Commonwealth, a State or a Territory; or (e) a local government body; "charitable institution" means a body that the carrier recognises, in its charges, as a charitable institution; "earth station" has the same meaning as in the Radiocommunications (Licensing and General) Regulations. 1991 No. 200 TELECOMMUNICATIONS REGULATIONS - REG 3 Application of the Act-prescribed external Territories 3. For the purposes of the definition of "prescribed external Territory" in section 5 of the Act, the following external Territories are prescribed as external Territories to which the Act extends: (a) the Territory of Christmas Island; and (b) the Territory of Cocos (Keeling) Islands. 1991 No. 200 TELECOMMUNICATIONS REGULATIONS - REG 4 Line links used by broadcasters-prescribed telecommunications services and prescribed licences 4. For the purposes of paragraph 99 (1) (b) of the Act: (a) a secondary radiocommunications service supplied by means of the main carrier signal of a primary radio or television broadcasting service is a prescribed telecommunications service for or in relation to the supply of which a broadcaster may install or maintain a reserved line link; and (b) a licence in relation to the radiocommunications transmitter used to supply the service is a licence of a prescribed kind if it is issued under subsection 24 (1) of the Radiocommunications Act 1983 as: (i) an Ancillary communications service network, Class A, licence; or (ii) an Ancillary communications service network, Class B, licence; or (iii) a Narrowband area station, Class A, licence; or (iv) a Narrowband area station, Class B, licence. 1991 No. 200 TELECOMMUNICATIONS REGULATIONS - REG 5 Prescribed earth stations for the supply by satellite of an international service 5. (1) For the purposes of authorising a person, under subsection 103 (1) of the Act, to supply an international service to another person by the use of satellite-based facilities if: (a) the other person is the holder of a licence under the Radiocommunications Act 1983 to operate a prescribed earth station; and (b) the service is supplied by the use of the prescribed earth station; an earth station in relation to which: (c) an Earth station, Class A, licence; or (d) an Earth station, Class A (receive only), licence; or (e) an Earth station, Class B, licence; or (f) an Earth station, Class B (receive only), licence; or (g) an Earth station, Class C, licence; or (h) an Earth station, Class C (receive only), licence; or (i) an Earth station, Class D, licence; or (j) an Earth station, Class D (receive only), licence; or (k) an Earth station, Class E, licence; or (l) an Earth station, Class E (receive only), licence; or (m) an Earth station, Australian satellite service, Class A licence; or (n) an Earth station, Australian satellite service, Class B licence; or (o) an AUSSAT receive-only station licence; is in force under subsection 24 (1) of the Radiocommunications Act 1983, is a prescribed earth station. (2) For the purposes of authorising a person, under subsection 103 (2) of the Act, to supply an international service by the use of satellite-based facilities if: (a) the person is the holder of a licence under the Radiocommunications Act 1983 to operate a prescribed earth station; and (b) the service is supplied by the use of the prescribed earth station; an earth station in relation to which: (c) an Earth station, Class A, licence; or (d) an Earth station, Class A (receive only), licence; or (e) an Earth station, Class B, licence; or (f) an Earth station, Class B (receive only), licence; or (g) an Earth station, Class C, licence; or (h) an Earth station, Class C (receive only), licence; or (i) an Earth station, Class D, licence; or (j) an Earth station, Class D (receive only), licence; or (k) an Earth station, Class E, licence; or (l) an Earth station, Class E (receive only), licence; or (m) an Earth station, Australian satellite service, Class A licence; or (n) an Earth station, Australian satellite service, Class B licence; or (o) an AUSSAT receive-only station licence; is in force under subsection 24 (1) of the Radiocommunications Act 1983, is a prescribed earth station. 1991 No. 200 TELECOMMUNICATIONS REGULATIONS - REG 6 Prescribed telecommunications services to which the prohibition of discrimination between acquirers of the service does not apply 6. (1) For the purposes of subsection 183 (2) of the Act, if a carrier is in a position to dominate a market for a telecommunications service that is: (a) a public switched telephone service; and (b) supplied to: (i) the boundary of a reserved line link; or (ii) the boundary of a telecommunications network prescribed under subsection 11 (1); and (c) supplied to: (i) a business; or (ii) a person who elects to be treated by the carrier as a business; or (iii) a charitable institution; for a charge calculated annually by the carrier; and (d) using: (i) in the case of a business or a charitable institution-1 or more line links; or (ii) in the case of a person who elects to be treated by the carrier as a business for the purpose of calculating the charge-a single line link; the service is a prescribed telecommunications service in relation to which the carrier may discriminate, between persons who acquire in that market telecommunications services of that kind, in relation to: (e) the charges for the service; or (f) the terms and conditions on which the service is supplied. (2) For the purposes of subsection 183 (2) of the Act, if a carrier is in a position to dominate a market for a telecommunications service that is the supply of capacity on a submarine cable: (a) to an international telecommunications operator; (b) under an agreement: (i) between the carrier and the international telecommunications operator; and (ii) that is consistent with the terms and conditions applicable to access to the capacity by an international telecommunications operator under the agreement for the construction or maintenance of the submarine cable; the service is a prescribed telecommunications service in relation to which the carrier may discriminate, between persons who acquire in that market telecommunications services of that kind, in relation to: (c) the charges for the service; or (d) the terms and conditions on which the service is supplied. - NOTES 1991 No. 200*1* TELECOMMUNICATIONS REGULATIONS *1*Notified in the Commonwealth of Australia Gazette on 28 June 1991.