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TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 96B

Recently connected greenfield premises

  (1)   If:

  (a)   during a period comprising the whole or a part of a month in an eligible financial year, a person is a carrier; and

  (b)   a declaration made under subsection   63(2) of the Telecommunications Act 1997 was in force on 30   June 2018 in relation to the carrier licence held by the person; and

  (c)   the declaration provides that the person must (upon request by an end - user at relevant premises) connect, or arrange for another person on the person's behalf to connect, premises located in a development area (however described) specified in the declaration to a telecommunications network owned by the person (as specified in the declaration); and

  (d)   the person, or another person on the person's behalf:

  (i)   has connected one or more premises located in the development area to the telecommunications network; and

  (ii)   has done so before the end of 30   June 2019; and

  (e)   one or more of the connected premises are potentially chargeable premises in relation to the person for that month;

each of the potentially chargeable premises mentioned in paragraph   (e) are recently connected greenfield premises in relation to the person for that month.

  (2)   If:

  (a)   a person is a carrier; and

  (b)   during a period comprising the whole or a part of a month in an eligible financial year, the person supplies an eligible local bitstream access service using a local access line; and

  (c)   during a whole or a part of that period, a carriage service provider supplies a designated broadband service to one or more premises using the line; and

  (d)   one or more of those premises are potentially chargeable premises in relation to the person for that month;

each of the potentially chargeable premises mentioned in paragraph   (d) are recently connected greenfield premises in relation to the person for that month.

  (3)   In this section:

"eligible local bitstream access service" means a local bitstream access service that is first supplied at a time during the period:

  (a)   beginning at the start of 1   January 2011; and

  (b)   ending at the end of 30   June 2019.

"local bitstream access service" has the meaning given by a declaration that:

  (a)   was made:

  (i)   under subsection   152AL(3) of the Competition and Consumer Act 2010 ; and

  (ii)   in compliance with repealed subsection   152AL(3C) of the Competition and Consumer Act 2010 ; and

  (b)   was in force immediately before the commencement of Schedule   1 to the Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 .



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