First come first served
13 First come first served
If —
a corporation has received 2 or more access applications; and
the corporation believes there is not sufficient spare capacity to provide the access services the subject of all of those access applications or that it does not have sufficient resources (including personnel) to process all of those access applications at the same time,
then the corporation must process those access applications and make access offers in an order which reflects the priority of those access applications as determined in accordance with these regulations.
An access application (in this subregulation called the first access application) received by a corporation has priority over all later access applications received by the corporation unless the first access application loses its priority in accordance with these regulations.
The applicant making an access application may withdraw that access application by written notice given to the corporation and if an applicant does so, then the access application loses its priority and lapses.
If a corporation rejects an access application under these regulations, then the access application loses its priority for the purposes of this regulation and lapses.
If an access offer is rejected prior to the end of the relevant period determined in accordance with regulation 11(7), then the access application in response to which the access offer was made loses its priority and lapses.
Nothing in this regulation prevents a corporation from processing more than one application at the same time.
Notwithstanding any other provision of these regulations, if an access application lapses, then a corporation is not required to take any further action in relation to the access application (including making a preliminary assessment of the access application and giving a report under regulation 10 or making an access offer under regulation 11 in relation to the access application).
[Regulation 13 amended: Gazette 31 Mar 2006 p. 1338-40.]
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