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TELECOMMUNICATIONS ACT 1997 - SECT 360M

Exempt real estate development projects

Projects to be supplied with public mobile telecommunications services

  (1)   A real estate development project is exempt from subsection   360H(2) if:

  (a)   there is telecommunications network infrastructure installed within any part of, or in proximity to, the project area of the project that will enable the supply of eligible services to premises in the whole of the project area of the project; and

  (b)   the telecommunications network infrastructure was fully installed on or after 1   July 2020; and

  (c)   the telecommunications network infrastructure was installed in accordance with a contractual arrangement that:

  (i)   was entered into by a carrier and the person responsible for the real estate development project; and

  (ii)   does not require the carrier to supply qualifying carriage services within all or any part of the project area of the project; and

  (d)   at the time of installation, the telecommunications network infrastructure formed part of a mobile network owned or operated by the carrier.

Projects to be served by radiocommunications fixed voice calls

  (2)   A real estate development project is exempt from subsection   360H(2) if:

  (a)   there is telecommunications network infrastructure installed within any part of, or in proximity to, the project area of the project that will enable the supply of eligible services to premises in the whole of the project area of the project; and

  (b)   the telecommunications network infrastructure was fully installed on or after 1   July 2020; and

  (c)   the telecommunications network infrastructure was installed in accordance with a contractual arrangement that:

  (i)   was entered into by a carrier and the person responsible for the real estate development project; and

  (ii)   does not require the carrier to supply qualifying carriage services within all or any part of the project area of the project; and

  (d)   the telecommunications network infrastructure is capable of being used to supply, to end - users at premises in the project area of the project, carriage services that enable those end - users to make and receive radiocommunications fixed voice calls.



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