Telecommunications Act 1997

If:

a facility has been, is being, or is to be, installed in, or in proximity to, the project area of a real estate development project; and

the facility is not part of the infrastructure of a telecommunications network; and

there is no nominated service area that:

consists of, or includes, the project area; and

is attributable to a declaration under section 360H or 360HB; and

any of the following conditions is satisfied in relation to a carriage service provider (the first carriage service provider):

the first carriage service provider is or will be in a position to exercise control of the facility;

the first carriage service provider is an associate of a person who is or will be in a position to exercise control of the facility;

the first carriage service provider has entered into a contractual arrangement with the person responsible for the real estate development project, where the contractual arrangement relates to the facility; and

if subparagraph (d)(i) or (ii) applies—the facility began to be installed on or after 1 July 2024; and

if subparagraph (d)(iii) applies—the contractual arrangement was entered into on or after 1 July 2024; and

when the first carriage service provider commences to use the facility:

to supply carriage services to end‑users at premises in the whole or a part of the project area; or

to supply an eligible service to another carriage service provider in order that the other carriage service provider can provide carriage services to end‑users at premises in the whole or a part of the project area;

give the ACMA a written notice that:

if subparagraph (d)(i) or (ii) applies—sets out the day on which the facility began to be installed; and

if subparagraph (d)(iii) applies—sets out the day on which the contractual arrangement was entered into; and

specifies the whole or the part, as the case requires, of the project area; and

describes the facility; and

sets out the first carriage service provider’s estimate of the time when the first carriage service provider is likely to commence to use the facility as mentioned in paragraph (g); and

do so within 20 business days after:

if subparagraph (d)(i) or (ii) applies—the day on which the facility began to be installed; or

if subparagraph (d)(iii) applies—the day on which the contractual arrangement was entered into.

For the format of the description of the area, see section 360LA.

If:

a facility has been, is being, or is to be, installed in, or in proximity to, the project area of a building redevelopment project; and

the facility is not part of the infrastructure of a telecommunications network; and

there is no nominated service area that:

consists of, or includes, the project area; and

is attributable to a declaration under section 360H or 360HB; and

any of the following conditions is satisfied in relation to a carriage service provider (the first carriage service provider):

the first carriage service provider is or will be in a position to exercise control of the facility;

the first carriage service provider is an associate of a person who is or will be in a position to exercise control of the facility;

the first carriage service provider has entered into a contractual arrangement with the person responsible for the real estate development project, where the contractual arrangement relates to the facility; and

if subparagraph (d)(i) or (ii) applies—the facility began to be installed on or after 1 July 2024; and

if subparagraph (d)(iii) applies—the contractual arrangement was entered into on or after 1 July 2024; and

when the first carriage service provider commences to use the facility:

to supply carriage services to end‑users at premises in the whole or a part of the project area; or

to supply an eligible service to another carriage service provider in order that the other carriage service provider can provide carriage services to end‑users at premises in the whole or a part of the project area;

give the ACMA a written notice that:

if subparagraph (d)(i) or (ii) applies—sets out the day on which the facility began to be installed; and

if subparagraph (d)(iii) applies—sets out the day on which the contractual arrangement was entered into; and

specifies the whole or the part, as the case requires, of the project area; and

describes the facility; and

sets out the first carriage service provider’s estimate of the time when the first carriage service provider is likely to commence to use the facility as mentioned in paragraph (g); and

do so within 20 business days after:

if subparagraph (d)(i) or (ii) applies—the day on which the facility began to be installed; or

if subparagraph (d)(iii) applies—the day on which the contractual arrangement was entered into.

For the format of the description of the area, see section 360LA.

A carriage service provider may, by writing, vary a notice given by the carriage service provider under this section, so long as the ACMA has approved the variation under subsection (4).

The ACMA may, on application made by a carriage service provider, approve the variation of a notice given by the carriage service provider under this section.

An application under subsection (4) 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 (6); and

be accompanied by such documents (if any) as are specified under subsection (6).

The ACMA may, by legislative instrument:

specify the information that must accompany an application under subsection (4); or

specify the documents that must accompany an application under subsection (4).

For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

If, under subsection (3), a carriage service provider varies a notice given by the carriage service provider under this section, the carriage service provider must:

give a copy of the variation to the ACMA; and

do so within 10 business days after making the variation.