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s 104B

Code to provide for full regulation of access to services of covered networks

In force
Part 8Access to services of network infrastructure facilities
Division 2Establishment of Code

104B Code to provide for full regulation of access to services of covered networks

Provision is to be made in the Code for or in relation to the following in relation to covered networks that are regulated under this Part —

(a)

the lodgment by a network service provider of an arrangement for its covered networks setting out —

(i)

the policies applying to access to services; and

(ii)

the basic terms and conditions that will apply to access to services unless an access agreement contains different terms and conditions; and

(iii)

any other matters prescribed by the Code;

(b)

the production by a network service provider of information to enable persons to understand the derivation of the elements of an arrangement for its covered networks lodged under paragraph (a), whether or not that arrangement has become an access arrangement;

(c)

the approval by the Authority of arrangements lodged under paragraph (a) and the matters to which the Authority is to have regard in deciding whether to give its approval;

(d)

the registration of access arrangements;

(e)

access by persons to services of a covered network as provided for in the access arrangement for the covered network and in accordance with —

(i)

access agreements; or

(ii)

determinations made by way of arbitration;

(f)

network access pricing regulation principles;

(g)

the rights, powers and duties that are to apply to and in relation to the negotiation, making, and implementation of access agreements;

(h)

the duties and requirements in relation to the provision of access to services that are to be complied with by a network service provider;

(i)

access arrangements to provide for any matter referred to in paragraphs (f), (g) and (h);

(j)

the obligations of a network service provider in respect of the segregation of the functions and business of providing services from the network service provider’s other functions and business and enabling the Authority to add to those obligations or waive any of them;

(k)

services between related bodies corporate (as defined in the Corporations Act 2001 (Commonwealth) section 9);

(l)

the rights and obligations of network users;

(m)

the formulation by a network service provider, and approval by the Authority, of technical codes for the purposes of access to services that are to be complied with by network users and other persons specified in the Code;

(n)

the disclosure and use of confidential information;

(o)

the supervisory or other functions of the Authority for the purposes of the Code, including a function of determining certain requirements in relation to access to the services of covered networks that are to be complied with by a network service provider or a person making a proposal for access to services and applied by the arbitrator.

[Section 104B inserted: No. 9 of 2020 s. 11.]

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