Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 360R

Scope

  (1)   This section applies if a person (the first person ) is the statutory infrastructure provider for:

  (a)   a nominated service area; or

  (aa)   an anticipated service area; or

  (b)   a designated service area.

Obligations

  (2)   If the first person becomes aware that it is likely that the first person will no longer be able to fulfil the first person's obligations under section   360P or 360Q, so far as they relate to the area, the first person must:

  (a)   give written notice of the matter to:

  (i)   the Secretary of the Department; and

  (ii)   the ACMA; and

  (iii)   the first person's customers; and

  (b)   do so:

  (i)   if it is reasonably practicable for the notice to be given at least 12 months before the time when the first person will become no longer able to fulfil the first person's obligations under section   360P or 360Q--at least 12 months before that time; or

  (ii)   in any other case--not later than 10 business days after the time when the first person becomes no longer able to fulfil the first person's obligations under section   360P or 360Q.

  (2A)   A notice under subsection   (2) must be in accordance with the form approved in writing by the ACMA.

  (3)   If:

  (a)   subsection   (2) applies; and

  (b)   the first person becomes aware that another person (being a carrier or carriage service provider) is willing to become the statutory infrastructure provider for the area;

the first person must:

  (c)   give written notice of the matter to:

  (i)   the Secretary of the Department; and

  (ii)   the ACMA; and

  (iii)   the first person's customers; and

  (d)   do so:

  (i)   if it is reasonably practicable for the notice to be given at least 90 days before the time when the first person becomes no longer able to fulfil the first person's obligations under section   360P or 360Q--at least 90 days before that time; or

  (ii)   in any other case--not later than 10 business days after the time when the other person becomes the statutory infrastructure provider for the area.

  (4)   A notice under subsection   (3) must be in accordance with the form approved in writing by the ACMA.