Telecommunications Act 1997 Determination under subsection 51(1), No. 1 of 1998 (Cth)

COMMONWEALTH OF AUSTRALIA

Telecommunications Act 1997

DETERMINATION UNDER SUBSECTION 51(1), No. 1 of 1998

I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, the Information Economy 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 network unit where there is an ACA certificate stating that, in the ACA’s opinion, the network unit is being solely used for a trial.

For this Determination, the ACA, in deciding whether to issue the certificate above, may have regard to:

(i)         the duration of the trial;

1. any previous trials for a similar service;
   
   

1. the reasons for the trial, including whether it is for the evaluation of technical feasibility or commercial prospects;
   
   

1. the effects on competition of the trial;
   
   

1. any charges to end-users participating in the trial;
   
   

1. whether the size of the trial would unreasonably affect the revenue of a carrier; and
   
   

1. any other matters the ACA considers relevant.

The certificate must include a period, not exceeding 6 months, during which it remains in force.

The ACA may issue a certificate extending the original certificate, for a period not exceeding 6 months, to take effect from the expiry of the original certificate.

The ACA may issue a new certificate after the expiry of a certificate.

Dated 29 May 1998

RICHARD ALSTON

Minister for Communications,

the Information Economy and the Arts