Telecommunications Act 1997

If:

the excluded spectrum regime applies to Telstra; and

a spectrum licence relates to a designated part of the spectrum;

For excluded spectrum regime, see section 577GA.

For when Telstra is in a position to exercise control of a spectrum licence, see clause 88.

However, the rule in subclause (1) does not apply if:

both:

an undertaking given by Telstra is in force under section 577A; and

the undertaking is covered by subclause (3); and

either:

an undertaking given by Telstra is in force under section 577C; or

a declaration is in force under subsection 577J(3); and

either:

an undertaking given by Telstra is in force under section 577E; or

a declaration is in force under subsection 577J(5).

Section 577A deals with undertakings about structural separation.

Section 577C deals with undertakings about hybrid fibre‑coaxial networks.

Section 577E deals with undertakings about subscription television broadcasting licences.

This subclause covers a section 577A undertaking if:

the following conditions are satisfied:

the undertaking requires Telstra to give the ACCC a draft migration plan;

in accordance with the undertaking, Telstra has given the ACCC a draft migration plan;

the ACCC has approved the draft migration plan under section 577BD, 577BDA, 577BDB or 577BDC; or

the undertaking does not require Telstra to give the ACCC a draft migration plan.