Commonwealth of Australia

Telecommunications Act 1997

Carrier Licence Conditions

(OptiComm Co Pty Ltd) Declaration 2013

I, MALCOLM BLIGH TURNBULL, Minister for Communications, make the following declaration under subsection 63(2) of the Telecommunications Act 1997.

Dated 14 October 2013.

MALCOLM BLIGH TURNBULL

Minister for Communications

_________________________________________________________

1 Name of Declaration

This Declaration is the Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013.

2 Commencement

This Declaration commences on the day after it is registered on the Federal Register of Legislative Instruments.

3 Definitions

In this Declaration:

Act means the Telecommunications Act 1997.

development area means a real estate development specified in column 1 of the table at Schedule 1 to this Declaration that occupies the corresponding area of land depicted in the relevant map at Annexure A to Schedule 1 (refer to columns 2 and 3 of the table at Schedule 1 to this Declaration).

Licensee means OptiComm Co Pty Ltd (ACN 117 414 776), as the company exists from time to time (even if its name is later changed).

relevant premises means premises that are:

(a) occupied or used by an end-user; and

(b) situated in a development area.

Specified OptiComm Network means a telecommunications network:

(a) that is owned by the Licensee; and

(b) which is located in a development area; and

Note The following expressions have the meaning given by the Act (see subsection 13(1) of the Legislative Instruments Act 2003):

carriage service
carriage service provider
telecommunications network

4 Obligation to connect relevant premises

(1) Upon reasonable request by an end-user at relevant premises, the Licensee must:

(a) connect; or

(b) arrange for another person on its behalf to connect;

the relevant premises to the Specified OptiComm Network in order that a carriage service provider can provide carriage services to the end-user at the relevant premises.

(2) For the purposes of subclause (1), a request may be made directly by an end-user to the Licensee or by a carriage service provider to the Licensee on behalf of an end-user.

Schedule 1 – Specified OptiComm Networks

(clauses 3 and 4)

Item number	Name and location of real estate development project	Area of project (map number)
1.	Alamanda Estate Point Cook VIC 3030	Map 1 at Annexure A
2.	Anglicare Chesalon Retirement Village Oran Park NSW 2570	Map 2 at Annexure A
3.	Blakes Crossing Estate North Adelaide SA 5006	Map 3 at Annexure A
4.	Camden Hills Business Park Camden NSW 2570	Map 4 at Annexure A
5.	Gregory Hills Estate Gregory Hills NSW 2557	Map 5 at Annexure A
6.	Fernbrooke Estate Redbank Plains QLD 4301	Map 6 at Annexure A
7.	Grandvue Estate Officer VIC 3809	Map 7 at Annexure A
8.	Jackson’s View Estate Drouin VIC 3818	Map 8 at Annexure A
9.	Lightsview Estate Northgate Adelaide SA 5085	Map 9 at Annexure A
10.	Lochiel Park Estate Adelaide SA 5000	Map 10 at Annexure A
11.	Macarthur Gardens Retirement Village Campbelltown NSW 2560	Map 11 at Annexure A
12.	Mandalay Estate Beveridge VIC 3753	Map 12 at Annexure A
13.	Oran Park Town Development Oran Park NSW 2570	Map 13 at Annexure A
14.	Panorama Estate Glenfield NSW 2167	Map 14 at Annexure A
15	Parkbridge Estate Middleton Grange NSW 2171	Map 15 at Annexure A
16	Springfield Lakes Estate Springfield Lakes QLD 4300	Map 16 at Annexure A
17.	Trinity Estate Alkimos, North Perth WA 6038	Map 17 at Annexure A
18.	University Hill and Chancellor Estates Bundoora VIC 3051	Map 18 at Annexure A
19.	Waterford County Estate East Maitland NSW 2323	Map 19 at Annexure A
20.	Vista Estate Glenfield NSW 2167	Map 20 at Annexure A
21.	Brighton Estate North Perth WA 6006	Map 21 at Annexure A

22.	Hamilton Harbour Estate Brisbane QLD 4000	Map 22 at Annexure A
23.	Evergeen Links Estate Eaglehawk VIC 3556	Map 23 at Annexure A
24.	Evergreen Waters Estate Jackass Flat VIC 3556	Map 24 at Annexure A
25.	Casiana Estate Cranbourne West VIC 3977	Map 25 at Annexure A

Map 3 – Blakes Crossing Estate, SA

The image is Map 3 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Blakes Crossing Estate in South Australia.

Map 4 – Camden Hills Business Park, NSW

The image is Map 4 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Camden Hills Business Park in New South Wales.

Map 5 – Gregory Hills Estate, NSW

The image is Map 5 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Gregory Hills Estate in New South Wales.

Map 6 – Fernbrooke Estate, QLD

The image is Map 6 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Fernbrooke Estate in Queensland.

Map 7 – Grandvue Estate, VIC

The image is Map 7 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Grandvue Estate in Victoria.

Map 8 – Jackson’s View Estate, VIC

The image is Map 8 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Jackson’s View Estate in Victoria.

Map 9 – Lightsview Estate, SA

The image is Map 9 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Lightsview Estate in South Australia.

Map 10 – Lochiel Park Estate, SA

The image is Map 10 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Lochiel Park Estate in South Australia.

Map 11 – Macarthur Gardens Retirement Village, NSW

The image is Map 11 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Macarthur Gardens Retirement Village in New South Wales.

Map 12 – Mandalay Estate, VIC

The image is Map 12 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Mandalay Estate in Victoria.

Map 13 – Oran Park Town Development, NSW

The image is Map 13 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Oran Park Town Development in New South Wales.

Map 14 – Panorama Estate, NSW

The image is Map 14 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Panorama Estate in New South Wales.

Map 15 – Parkbridge Estate, NSW

The image is Map 15 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Parkbridge Estate in New South Wales.

Map 16 – Springfield Lakes, QLD

The image is Map 16 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in Springfield Lakes in Queensland.

Map 17 – Trinity Estate, WA

The image is Map 17 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Trinity Estate in Western Australia.

Map 18 – University Hill and Chancellor Estates, VIC

The image is Map 18 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the University Hill and Chancellor Estates in Victoria.

Map 19 – Waterford County Estate, NSW

The image is Map 19 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Waterford County Estate in New South Wales.

Map 20 – Vista Estate, NSW

The image is Map 20 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Vista Estate in New South Wales.

Map 21 – Brighton Estate, WA

The image is Map 21 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Brighton Estate in Western Australia.

Map 22 – Hamilton Harbour Estate, QLD

The image is Map 22 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Hamilton Harbour Estate in Queensland.

Map 23 – Evergreen Links Estate, VIC

The image is Map 23 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Evergreen Links Estate in Victoria.

Map 24 – Evergreen Waters Estate, VIC

The image is Map 24 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Evergreen Waters Estate in Victoria.

Map 25 – Casiana Estate, VIC

The image is Map 25 contained in Annexure A, and displays the boundaries for the network determined to be adequately served in the Casiana Estate in Victoria.