Fixed radiocommunications link
35 Fixed radiocommunications link
For the purposes of this Act, a fixed radiocommunications link is a facility, or a combination of facilities, where:
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
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
the facility or combination does not consist of:
one or more base stations that are part of a terrestrial radiocommunications customer access network; or
one or more base stations that would be part of such a network if paragraph 34(1)(h) had not been enacted.
For the purposes of this section, a fixed point is a fixed point on:
land; or
a building or structure on land.
For the purposes of this section, if:
a communication is carried over a line link or other facility that, apart from this section, is an eligible network unit; and
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
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.
In this section:
eligible network unit means a network unit:
that is owned by one or more carriers; or
in relation to which a nominated carrier declaration is in force.
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