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NATIONAL BROADBAND NETWORK COMPANIES ACT 2011 - SECT 19F

Terms and conditions of access to be on a non - discriminatory basis

Telecommunications transmission towers

  (1)   If a telecommunications transmission tower is owned or operated by an NBN corporation, the NBN corporation must not, in determining:

  (a)   the terms and conditions relating to price or a method of ascertaining price; and

  (b)   other terms and conditions;

on which the NBN corporation:

  (c)   gives an eligible person access to the tower, in compliance with subsection   19A(1), for the purpose of enabling the eligible person to:

  (i)   install particular equipment; or

  (ii)   maintain, operate or remove particular equipment; and

  (d)   supplies to an eligible person goods that are incidental to the giving of that access;

discriminate between eligible persons who seek or obtain access in such circumstances.

Note:   For eligible person , see section   19H.

Sites

  (2)   If:

  (a)   a telecommunications transmission tower owned or operated by an NBN corporation is situated on a particular site; and

  (b)   either:

  (i)   the site is owned, occupied or controlled by the NBN corporation; or

  (ii)   the NBN corporation has a right (whether conditional or unconditional) to use the site;

the NBN corporation must not, in determining:

  (c)   the terms and conditions relating to price or a method of ascertaining price; and

  (d)   other terms and conditions;

on which the NBN corporation:

  (e)   gives an eligible person access to the site, in compliance with subsection   19B(1), for the purpose of enabling the eligible person to:

  (i)   install particular equipment; or

  (ii)   maintain, operate or remove particular equipment; and

  (f)   supplies to an eligible person goods that are incidental to the giving of that access;

discriminate between eligible persons who seek or obtain access in such circumstances.



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