(1) This section applies to a carriage service provider (the first provider ) if:
(a) the first provider supplies a carriage service that involves the use of a controlled network, or a controlled facility, of a carrier, of the first provider or of another carriage service provider; and
(b) in accordance with a determination under section 349, the network or facility, as the case may be, provides over - ride dial codes for selecting alternative carriage service providers on a call - by - call basis.
(2) Unless, in the ACMA's opinion:
(a) it would not be technically feasible; or
(b) it would impose unreasonable financial hardship on the first provider;
the first provider must take such steps as are necessary to ensure that each end - user of the carriage service is able to make use of those codes for selecting alternative carriage service providers on a call - by - call basis.
(3) The requirement in subsection (2) does not, by implication, prevent an alternative carriage service provider from refusing to supply a carriage service to the end - user concerned.