Federal Register of Legislation - Australian Government

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Determinations/Communications as made
This determination revokes and replaces the Telecommunications (Section of Telecommunications Industry) Determination 2003 (No. 1) to provide for cabling service suppliers to be treated as a section of the telecommunications industry.
Administered by: Infrastructure, Transport, Regional Development and Communications
Registered 13 Mar 2015
Tabling HistoryDate
Tabled HR16-Mar-2015
Tabled Senate17-Mar-2015

THE AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 110(3) of the Telecommunications Act 1997.

Dated 6th March 2015


Chris Chapman
[signed]
Member


Richard Bean
[signed]
Member / General Manager

 

 

Australian Communications and Media Authority

 


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1       Name of Determination

                This Determination is the Telecommunications (Section of the Telecommunications Industry – Cabling Service Operators) Determination 2015.

2       Commencement

                This Determination commences on the day after it is registered.

Note    All legislative instruments and compilations are required to be registered on the Federal Register of Legislative Instruments maintained under the Legislative Instruments Act 2003.  See www.comlaw.gov.au.

3       Revocation

                The Telecommunications (Section of Telecommunications Industry) Determination 2003 (No. 1) [F2005B00203] is revoked.

4       Definitions

                In this Determination:

                Act means the Telecommunications Act 1997.

                cabling services means any of the following activities:

(a)    the installation of customer cabling for connection to a telecommunications network or facility that is used to supply a listed carriage service;

(b)   the connection of customer cabling to a telecommunications network or a facility that is used to supply a listed carriage service;

(c)    the maintenance of customer cabling connected to a telecommunications network or facility that is used to supply a listed carriage service.

Note    In accordance with paragraph 13(1)(b) of the Legislative Instruments Act 2003, other expressions in this Determination have the same meaning as in the Act, including:

·         carriage service (see section 7)

·         customer cabling (see sections 7 and 20)

·         facility (see section 7 and subsection 374(2))

·         listed carriage service (see sections 7 and 16)

·         telecommunications network (see section 7 and subsection 374(1)).

5       Specification of telecommunications activity

For this Determination, the specified telecommunications activity is the supply of cabling services.

6       Section of the telecommunications industry

                Under subsection 110(3) of the Act, it is determined that, persons:

(a)    who:

(i)                 perform the telecommunications activity specified in section 5 for reward; or

(ii)               propose to perform the telecommunications activity specified in section 5 for reward; or

(iii)             arrange, for reward, for the performance of the telecommunications activity specified in section 5; or

(iv)             propose to arrange, for reward, the performance of the telecommunications activity specified in section 5; and

(b)   to whom the Telecommunications Cabling Provider Rules 2014 do not apply;

constitute a section of the telecommunications industry for the purposes of Part 6 of the Act,  and in accordance with subsection 110(4) of the Act, the section is to be identified as ‘cabling service operators’.