Nominated service area—declaration made by a carrier
360H Nominated service area—declaration made by a carrier
For the purposes of this Part, if a provisional nominated service area is attributable to a declaration under this section, so much of the provisional nominated service area as is not:
the whole or a part of a provisional nominated service area that is attributable to a subsequent declaration under this section or section 360HB; or
the whole or a part of a designated service area;
is a nominated service area.
Provisional nominated service area—real estate development project
If:
after the commencement of this section, a carrier (other than an NBN corporation) installs telecommunications network infrastructure that will enable the supply of eligible services to premises in the whole or a part of the project area of a real estate development project; and
the carrier is not already the statutory infrastructure provider for a service area that consists of, or includes, the project area; and
the installation was carried out under a contract with the person responsible for the real estate development project; and
the infrastructure is not backhaul infrastructure; and
the conditions specified in an instrument under subsection (3) are satisfied;
the carrier must:
by written instrument, declare that the whole or the part, as the case requires, of the project area is a provisional nominated service area for the purposes of this Part; and
do so within 10 business days after completing the installation of that infrastructure.
For the format of the description of the area, see section 360LA.
The Minister may, by legislative instrument, specify conditions for the purposes of paragraph (2)(c).
For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
The Minister may, by legislative instrument, exempt a specified real estate development project from subsection (2).
For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
See also section 360M.
Subsection (2) does not apply if the supply of the eligible services mentioned in paragraph (2)(a) is, or will be, in the circumstances specified in a determination under subsection 360Q(4).
Provisional nominated service area—building redevelopment project
If:
after the commencement of this section, a carrier (other than an NBN corporation) installs telecommunications network infrastructure that will enable the supply of eligible services to premises in the whole or a part of the project area of a building redevelopment project; and
the carrier is not already the statutory infrastructure provider for a service area that consists of, or includes, the project area; and
the installation was carried out under a contract with the person responsible for the building redevelopment project; and
the infrastructure is not backhaul infrastructure; and
the conditions specified in an instrument under subsection (5) are satisfied;
the carrier must:
by written instrument, declare that the whole or the part, as the case requires, of the project area is a provisional nominated service area for the purposes of this Part; and
do so within 10 business days after completing the installation of that infrastructure.
For the format of the description of the area, see section 360LA.
The Minister may, by legislative instrument, specify conditions for the purposes of paragraph (4)(c).
For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
The Minister may, by legislative instrument, exempt a specified building redevelopment project from subsection (4).
For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
See also section 360N.
Subsection (4) does not apply if the supply of the eligible services mentioned in paragraph (4)(a) is, or will be, in the circumstances specified in a determination under subsection 360Q(4).
Infrastructure installed under a contract
If:
a carrier (other than an NBN corporation) has installed telecommunications network infrastructure that will enable the supply of eligible services to all of the premises in a particular area (the relevant area); and
the carrier is not already the statutory infrastructure provider for a service area that consists of, or includes, the relevant area; and
the relevant area does not consist of, and is not included in:
the project area of a real estate development project; or
the project area of a building redevelopment project; and
the installation was carried out under a contract; and
under the contract, the carrier is or was required, on reasonable request by a carriage service provider on behalf of an end‑user at premises in the relevant area, to connect the premises to a qualifying telecommunications network in order that the carriage service provider can provide eligible services to the end‑user at the premises; and
the infrastructure is not backhaul infrastructure; and
the conditions specified in an instrument under subsection (7) are satisfied;
the carrier may, by written instrument, declare that the relevant area is a provisional nominated service area for the purposes of this Part.
For the format of the description of the area, see section 360LA.
The Minister may, by legislative instrument, specify conditions for the purposes of paragraph (6)(e).
For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
Declaration to be made available
If a declaration made by a carrier is in force under this section, the carrier must make a copy of the declaration available on its website.
If a carrier makes a declaration under this section, the carrier must:
give a copy of the declaration to the ACMA; and
do so within 10 business days after making the declaration.
Principles
In making a declaration under this section, a carrier must comply with any principles determined under subsection (11).
The Minister may, by legislative instrument, determine principles for the purposes of subsection (10).
For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
Revocation
A declaration made under this section cannot be revoked except under subsection (12A).
The ACMA may, by writing, revoke a declaration made under this section.
Variation
A declaration made under this section cannot be varied except under subsection (14).
A carrier may, by writing, vary a declaration made by the carrier under this section, so long as the ACMA has approved the variation under subsection (15).
The ACMA may, on application made by a carrier, approve the variation of a declaration made by the carrier under this section.
An application under subsection (15) must:
be in writing; and
be in accordance with the form approved in writing by the ACMA; and
be accompanied by such information (if any) as is specified under subsection (17); and
be accompanied by such documents (if any) as are specified under subsection (17).
The ACMA may, by legislative instrument:
specify the information that must accompany an application under subsection (15); or
specify the documents that must accompany an application under subsection (15).
For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
If, under subsection (14), a carrier varies a declaration made by the carrier under this section, the carrier must:
give a copy of the variation to the ACMA; and
do so within 10 business days after making the variation.
Declaration, revocation and variation are not legislative instruments
A declaration made under this section is not a legislative instrument.
A revocation under subsection (12A) is not a legislative instrument.
A variation under subsection (14) is not a legislative instrument.
Area may consist of the whole or a part of a building
An area specified in a declaration under subsection (6) may consist of the whole or a part of a building specified in the declaration.
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