Category B standard access obligations
152AXB Category B standard access obligations
This section sets out the category B standard access obligations.
Supply of declared service to service provider
If:
an NBN corporation is a carrier or carriage service provider; and
under subsection 152AL(8A), (8D) or (8E), a declared service relates to the NBN corporation;
the NBN corporation must, if requested to do so by a service provider, supply the service to the service provider in order that the service provider can provide carriage services and/or content services.
For declared services, see subsections 152AL(8A), (8D) and (8E).
Limit on subsection (2) obligations
Subsection (2) does not impose an obligation to the extent (if any) to which the imposition of the obligation would have any of the following effects:
preventing a service provider who already has access to the declared service from obtaining a sufficient amount of the service to be able to meet the service provider’s reasonably anticipated requirements, measured at the time when the request was made;
preventing the NBN corporation from obtaining a sufficient amount of the service to be able to meet the NBN corporation’s reasonably anticipated requirements, measured at the time when the request was made;
preventing a person from obtaining, by the exercise of a pre‑request right, a sufficient level of access to the declared service to be able to meet the person’s actual requirements.
Subsection (2) does not impose an obligation on an NBN corporation to supply a service in circumstances where a refusal by the NBN corporation to supply the service is authorised under section 151DA for the purposes of subsection 51(1).
Interconnection of facilities
If:
an NBN corporation is a carrier or carriage service provider; and
the NBN corporation:
owns or controls one or more facilities; or
is a nominated carrier in relation to one or more facilities;
the NBN corporation must, if requested to do so by a service provider:
permit interconnection of those facilities with the facilities of the service provider for the purpose of enabling the service provider to be supplied with declared services in order that the service provider can provide carriage services and/or content services; and
take all reasonable steps to ensure that, if a standard is in force under section 384 of the Telecommunications Act 1997, the interconnection complies with the standard.
Subsection (4) does not apply to an interconnection at a location that is not a listed point of interconnection (within the meaning of section 151DB).
Conditional‑access customer equipment
If:
an NBN corporation is a carrier or carriage service provider; and
the NBN corporation supplies a declared service by means of conditional‑access customer equipment;
the NBN corporation must, if requested to do so by a service provider who has made a request referred to in subsection (2), supply to the service provider any service that is necessary to enable the service provider to supply carriage services and/or content services by means of the declared service and using the equipment.
Exceptions
This section does not impose an obligation on an NBN corporation if there are reasonable grounds to believe that:
the access seeker would fail, to a material extent, to comply with the terms and conditions on which the NBN corporation complies, or on which the NBN corporation is reasonably likely to comply, with that obligation; or
the access seeker would fail, in connection with that obligation, to protect:
the integrity of a telecommunications network; or
the safety of individuals working on, or using services supplied by means of, a telecommunications network or a facility.
paragraph (6)(a) grounds
Examples of grounds for believing as mentioned in paragraph (6)(a) include:
evidence that the access seeker is not creditworthy; and
repeated failures by the access seeker to comply with the terms and conditions on which the same or similar access has been provided (whether or not by the NBN corporation).
Definition
In this section:
pre‑request right, in relation to a request made for the purposes of subsection (2), means a right under a contract that was in force at the time when the request was made.
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