Telecommunications Act 1997 Determination under subsection 51(1) (No. 1 of 2002) (Cth)

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