Commonwealth Numbered Regulations

1991 No. 200 TELECOMMUNICATIONS REGULATIONS - REG 6

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.