Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 2 of 2001) (Cth)

Commonwealth of Australia

Telecommunications Act 1997

Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 2 of 2001)

I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, Information Technology and the Arts, make the following Declaration under subsection 63(5) of the Telecommunications Act 1997.

Dated 4 October 2001.

RICHARD ALSTON

Minister for Communications, Information Technology and the Arts

_________________________________________________________

1. Name of Declaration

This Declaration is the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 2 of 2001).

1. Commencement

This Declaration commences on gazettal.

1. Variation

The Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 is varied as set out in this Declaration.

Note:  The Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 was published in the Gazette on 30 June 1997.  It has since been varied by the following Declarations:

• Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 1998) published in the Gazette on 4 March 1998.

• Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 1999) published in the Gazette on 24 February 1999.

• Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 2 of 1999) published in the Gazette on 7 December 1999.

• Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 2000) published in the Gazette on 26 July 2000.

• Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997 (Amendment No. 1 of 2001).

1. Clause 16 – Provision of information about carriage services provided in extended charging zones

Omit clause 16.

1. Obligations in relation to the Extended Zones (new clause)

After clause 17, insert:

Obligations in relation to the Extended Zones

18.     (1)     In this clause:

Always-on Service has the same meaning as in the Agreement.

Agreement means the agreement entitled "Agreement for the provision of untimed local calls, untimed Internet access and other carrier services to Extended Zones" dated 1 June 2001 between the Commonwealth and the licensee, as amended from time to time.

BPS Service has the same meaning as in the Agreement.

cessation time means the earlier of:

(a)the date of termination of the Agreement, not being a  termination  for convenience in circumstances where $150 million has been paid to the licensee under the terms of the Agreement; and

(b)the end of 31 May 2011.

Extended Zone has the same meaning as in the Agreement.

Phase 2 of the Network Upgrade has the same meaning as in the Agreement.

1. Beginning on a date in accordance with the indicative timetable for delivery specified in section 5.3 of Schedule 1 to the Agreement the licensee must:

(a)continue to make available to Extended Zone customers an always-on Internet service in accordance with section 5.1 of Schedule 1 to the Agreement; and

(b)achieve the service levels for the Always-on Service specified in section 5.2 of Schedule 1 to the Agreement.

(3)       Beginning on the earlier of:

(a)15 April 2003; and

(b)the date of completion of Phase 2 of the Network Upgrade under section D of Schedule 1 to the Agreement,

the licensee must provide new service connections in the Extended Zones in accordance with section 6.1(a)(i) of Schedule 1 to the Agreement.

(4)       The licensee must continue to support and resource or, where applicable, provide the customer support services referred to in sections 7.1(a) and 7.1(c)(vi) of Schedule 1 to the Agreement.

1. Beginning on 31 December 2002 the licensee must make available the customer support services referred to in sections 7.1(b) and 7.1(c)(i) to (v) of Schedule 1 to the Agreement.

(6)       Beginning on the date of completion of Phase 2 of the Network Upgrade in an Extended Zone customer’s area under section D of Schedule 1 to the Agreement, the licensee must provide to customers in that area the faster dial-up data access speeds services referred to in section 9.1 of Schedule 1 to the Agreement in accordance with the timeframe and conditions referred to in that section.

1. Once the licensee has made the BPS available to customers in an Extended Zone in accordance with section 5.3 of Schedule 1 to the Agreement, the licensee must, subject to the necessary software being available, offer to those customers in that Extended Zone who subscribe to the BPS Service the content development and education services referred to in sections 10.1(a) and (c) of that Schedule,.

1. Beginning on 1 July 2002 the licensee must make available to Extended Zone customers who subscribe to the BPS Service the video conferencing services referred to in section 11.1 of Schedule 1 to the Agreement.

1. The licensee must provide reports in accordance with clause 14 and Schedule 6 to the Agreement.

1. The licensee must include the information specified in clause 14.2(a)(2) of the Agreement in:

(a)the Telstra Public Switched Telephone Service (PSTS) Section of the document known as the Telstra Standard Form of Agreement as in force or existing from time to time; or

(b)individual agreements with customers in the Extended Zones.

1. Once the licensee has completed Phase 2 of the Network Upgrade in an Extended Zone in accordance with section D of Schedule 1 to the Agreement the licensee must, in that Extended Zone, achieve the service levels referred to in section 17.3(b)(iii) of that Schedule.

(12)     The obligations in relation to the Extended Zones provided for in this clause end at the cessation time.

1. The obligations of the licensee provided for in this clause are subject to:

(a)clause 7 of the Agreement; and

(b)any amendments to those obligations agreed between the Commonwealth and the licensee.