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COMMONWEALTHAct
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s 35

Fixed radiocommunications link

In force
Volume 1s 1-310
Part 2Network units
Division 3Related definitions

35 Fixed radiocommunications link

(1)

For the purposes of this Act, a fixed radiocommunications link is a facility, or a combination of facilities, where:

(a)

the facility or combination is used, or for use, in connection with the supply of a carriage service between 2 or more fixed points by means of radiocommunication; and

(b)

some or all of the communications carried by means of the facility or combination have the characteristic of double‑ended interconnection (as defined by subsection (3)); and

(c)

the facility or combination does not consist of:

(i)

one or more base stations that are part of a terrestrial radiocommunications customer access network; or

(ii)

one or more base stations that would be part of such a network if paragraph 34(1)(h) had not been enacted.

(2)

For the purposes of this section, a fixed point is a fixed point on:

(a)

land; or

(b)

a building or structure on land.

(3)

For the purposes of this section, if:

(a)

a communication is carried over a line link or other facility that, apart from this section, is an eligible network unit; and

(b)

the communication is then carried (immediately or with a transmission delay of not longer than 30 seconds), by means of radiocommunication, between 2 or more fixed points; and

(c)

the communication is then carried (immediately or with a transmission delay of not longer than 30 seconds) over another line link or other facility that, apart from this section, is an eligible network unit;

the communication referred to in paragraph (b) has the characteristic of double‑ended interconnection.

(4)

In this section:

eligible network unit means a network unit:

(a)

that is owned by one or more carriers; or

(b)

in relation to which a nominated carrier declaration is in force.

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