(1) For the purposes of this Act, a telecommunications network is taken to have intercell hand - over functions if, and only if:
(a) the facilities of the network include at least 2 base stations each of which transmits and receives signals to and from customer equipment ( mobile equipment ) that is:
(i) used for or in relation to the supply of an eligible mobile telecommunications service; and
(ii) located within a particular area (a cell ); and
(b) the network includes the functions necessary to do the following while the network is carrying a communication made to or from particular mobile equipment:
(i) determine in which cell the equipment is located and cause the base station in that cell to transmit and receive signals to and from the equipment;
(ii) when the equipment moves from one cell to another, cause the base station in the one cell to stop, and the base station in the other cell to start, transmitting and receiving signals to and from the equipment.
(2) For the purposes of this section, a carriage service is an eligible mobile telecommunications service if:
(a) an end - user can use it while moving continuously between places; and
(b) customer equipment used for or in relation to the supply of the service is not in physical contact with any part of the telecommunications network by means of which the service is supplied.