Federal Register of Legislation - Australian Government

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Determinations/Communications as made
Principal Instrument; This instrument determines where section 42 of the Telecommunications Act 1997 does not apply in relation to a Wireless Network Unit.
Administered by: Communications and the Arts
Made 12 Sep 2002
Registered 01 Jan 2005
Tabled HR 23 Sep 2002
Tabled Senate 23 Sep 2002
Gazetted 12 Sep 2002

 

COMMONWEALTH OF AUSTRALIA

 

 

Telecommunications Act 1997

 

 

DETERMINATION UNDER SUBSECTION 51(1) (No. 1 of 2002)

 

 

I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, Information Technology and the Arts, under subsection 51(1) of the Telecommunications Act 1997 (‘the Act’), determine that section 42 of the Act does not apply in relation to a Wireless Network Unit where:

 

(a)        the Wireless Network Unit is used to supply a carriage service to users where the users are not in a distinct place from the Wireless Network Unit; and

 

(b)               a carrier licence or a nominated carrier declaration is not, or would not be, required under section 42 of the Act for a fixed line network used to supply a service that is the same as the service described in paragraph (a) in the same place as the place referred to in paragraph (a). 

 

(1) In this Determination:

 

fixed line network means a network made up of one or more line links.

 

Wireless Network Unit means a network unit which is a base station that is part of a terrestrial radiocommunications customer access network.

 

(2) In this Determination, base station that is part of a terrestrial radiocommunications customer access network, carriage service, carrier licence, distinct place, line link, network unit and nominated carrier declaration have the same meaning as in the Act.

 

 

 

Dated 12 September 2002.

 

 

signed

 

Minister for Communications,

Information Technology and the Arts