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TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 106

Eligible local calls

  (1)   For the purposes of the application of this Part to a carriage service provider who charges for a call made using a standard telephone service supplied to an eligible customer in a particular standard zone, being an eligible customer who is a residential/charity customer, if the call:

  (a)   is made between points in the applicable zone in relation to the provider and in relation to the customer; and

  (b)   is either:

  (i)   of a kind that, immediately before 20   September 1996, a general carrier offered to supply, or supplied, on an untimed basis between points in that standard zone; or

  (ii)   made using a standard telephone service supplied to the customer for a universal service purpose;

the call is an eligible local call unless the call involves the use, by at least one party to the call, of a public mobile telecommunications service, or a satellite service, that is not supplied to that party for a universal service purpose.

Note 1:   Eligible customer is defined by section   110.

Note 2:   Standard zone is defined by section   108.

Note 3:   Applicable zone is defined by section   109.

Note 4:   Untimed basis is defined by subsection   (3).

  (2)   For the purposes of the application of this Part to a carriage service provider who charges for a call made using a standard telephone service supplied to an eligible customer in a particular standard zone, being an eligible customer who is not a residential/charity customer, if the call:

  (a)   is a voice call or, if a voice call is not practical for a particular end - user with a disability, a call that is equivalent to a voice call; and

  (b)   is made between points in the applicable zone in relation to the provider and in relation to the customer; and

  (c)   is either:

  (i)   of a kind that, immediately before 20   September 1996, a general carrier offered to supply, or supplied, on an untimed basis between points in that standard zone; or

  (ii)   made using a standard telephone service supplied to the customer for a universal service purpose;

the call is an eligible local call unless the call involves the use, by at least one party to the call, of a public mobile telecommunications service, or a satellite service, that is not supplied to that party for a universal service purpose.

Note 1:   Eligible customer is defined by section   110.

Note 2:   Standard zone is defined by section   108.

Note 3:   Applicable zone is defined by section   109.

Note 4:   Untimed basis is defined by subsection   (3).

  (3)   For the purposes of this section, calls of a particular kind are supplied on an untimed basis if, and only if, the charges for the calls of that kind are worked out by reference to the number of such calls made during a particular period, regardless of how long each call lasted.

  (3A)   For the purposes of this section, a service is supplied for a universal service purpose if, and only if, the service is supplied:

  (a)   in fulfilment of the universal service obligation; or

  (b)   in compliance with the obligations under a contract entered into under section   14 for a purpose relating to the achievement of the policy objective set out in paragraph   13(1)(a); or

  (c)   in compliance with the terms and conditions of a grant made under section   14 for a purpose relating to the achievement of the policy objective set out in paragraph   13(1)(a).

  (4)   In this section:

"general carrier" means a person who held a general telecommunications licence under the Telecommunications Act 1991 immediately before 20   September 1996.

"residential/charity customer" means:

  (a)   a residential customer; or

  (b)   a customer that is a registered charity.

"satellite service" means a carriage service, where customer equipment used in connection with the supply of the service communicates directly with a satellite - based facility.



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