Obligation of statutory infrastructure provider to supply eligible services—premises
360Q Obligation of statutory infrastructure provider to supply eligible services—premises
The statutory infrastructure provider for a service area must, on reasonable request by a carriage service provider:
supply an eligible service to the carriage service provider in order that the carriage service provider can provide qualifying carriage services to end‑users at premises in the service area; and
do so on the terms and conditions that were made available on the statutory infrastructure provider’s website at the time when the request was made.
See also section 360X.
The eligible service must enable the carriage service provider to supply, to end‑users at premises in the service area, carriage services that can be used by those end‑users to make and receive voice calls.
Subsection (1A) does not apply if the carriage service is supplied using a satellite.
To avoid doubt, the requirement in subsection (1A) is part of the obligation under subsection (1).
Special obligation of NBN Co
The Minister may, by legislative instrument, determine that, if the conditions specified in the determination are satisfied, this section has effect as if:
the area specified in the determination were a service area; and
NBN Co were the statutory infrastructure provider for that area.
For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
Adjustment
The Minister may, by legislative instrument, determine that, if the conditions specified in the determination are satisfied, the statutory infrastructure provider for the service area specified in the determination is taken to have complied with the statutory infrastructure provider’s obligations under subsection (1) in relation to the service area.
For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
The Minister may, by legislative instrument, determine that, if the conditions specified in the determination are satisfied, the statutory infrastructure provider is taken to have complied with the statutory infrastructure provider’s obligations under subsection (1).
For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
Exception
An obligation does not arise under subsection (1) in relation to supply of an eligible service in the circumstances (if any) specified in a determination under subsection (4).
The Minister may, by legislative instrument, determine circumstances for the purposes of subsection (3).
For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
Requirements
In fulfilling its obligations under subsection (1), the statutory infrastructure provider for a service area must comply with such requirements (if any) as are determined under subsection (6).
The Minister may, by legislative instrument, determine one or more requirements for the purposes of subsection (5).
For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
A requirement may be of general application or may be limited to one or more service areas.
Subsection (7) does not, by implication, limit the application of subsection 33(3A) of the Acts Interpretation Act 1901.
Terms and conditions
If:
a carriage service provider makes a request as mentioned in subsection (1) in relation to the supply of an eligible service; and
as a result, the statutory infrastructure provider has an obligation under subsection (1) to supply the eligible service; and
the statutory infrastructure provider has made available on its website:
the terms and conditions relating to price or a method of ascertaining price; and
other terms and conditions;
on which it offers to supply eligible services to carriage service providers in order that the carriage service providers can provide qualifying carriage services to end‑users at premises in the service area; and
the carriage service provider requests the statutory infrastructure provider to enter into an agreement that:
relates to the supply of eligible services to the carriage service provider in order that the carriage service provider can provide qualifying carriage services to end‑users at premises in the service area; and
sets out terms and conditions that are the same as the terms and conditions made available as mentioned in paragraph (c);
the statutory infrastructure provider must comply with the request mentioned in paragraph (d).
See also section 360X.
If:
a carriage service provider makes a request as mentioned in subsection (1) in relation to the supply of an eligible service; and
as a result, the statutory infrastructure provider has an obligation under subsection (1) to supply the eligible service; and
the supply of the eligible service is not covered by an agreement between the statutory infrastructure provider and the carriage service provider;
the statutory infrastructure provider must comply with the obligation on the terms and conditions that were made available on the statutory infrastructure provider’s website at the time when the request was made.
See also section 360X.
Response to request
If a carriage service provider makes a request as mentioned in subsection (1):
the statutory infrastructure provider must:
notify the carriage service provider that the statutory infrastructure provider will fulfil the request; or
refuse the request; and
do so within:
10 business days after receiving the request; or
if a longer period is specified under subsection (12)—that longer period.
The Minister may, by legislative instrument, specify a period for the purposes of subparagraph (11)(b)(ii).
For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
Notification of refusal of request
If:
a carriage service provider makes a request as mentioned in subsection (1); and
the fulfilment of the request would affect an end‑user at particular premises; and
the statutory infrastructure provider refuses the request;
then:
the statutory infrastructure provider must:
give written notice of the refusal, and the reasons for the refusal, to the carriage service provider; and
do so within 5 business days after the refusal; and
if the carriage service provider receives the notice—the carriage service provider must:
give a copy of the notice to the end‑user; and
do so within 5 business days after receiving the notice.
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