Carrier Licence Conditions (Optus Networks Pty Ltd) Declaration 1997

Carrier Licence Conditions (Optus Networks Pty Ltd) Declaration 1997

as amended

made under subsection 63 (3) of the

Telecommunications Act 1997

This compilation was prepared on 17 July 2003
taking into account amendments up to Carrier Licence
Conditions (Optus Networks Pty Ltd) Declaration 1997
(Amendment No. 1 of 1997)

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

 1 Citation [see Note 1] 

 2 Commencement 

 3 Definitions 

 4 Application 

 5 Industry development plan 

 6 Network rollout 

 7 Obligation to provide carriage services for certain users 

 8 Operation of satellite facilities 

Notes  

1 Citation [see Note 1]

  This Declaration may be cited as the Carrier Licence Conditions (Optus Networks Pty Ltd) Declaration 1997.

2 Commencement

  This Declaration commences on 1 July 1997.

3 Definitions

  In this Declaration:

current industry development plan has the meaning given by clause 7 of Schedule 1 to the Act.

industry development plan has the meaning given by clause 6 of Schedule 1 to the Act.

Industry Minister means the Minister for Industry, Science and Tourism.

licensee means Optus Networks Pty Ltd (ACN 008 570 330).

national broadcasting services has the same meaning as in the Broadcasting Services Act 1992.

Optus Communications means Optus Communications Pty Ltd
(ACN 052 833 208).

remote broadcasting services means:

 (a) the Special Broadcasting Service’s national broadcasting services intended for reception in remote areas; and

 (b) commercial television broadcasting services for the following remote licence areas (as established at the commencement of this Declaration):

 (i) Western Zone (licensed at the commencement of this Declaration to Golden West Network Pty Ltd);

 (ii) Central Zone (licensed at the commencement of this Declaration to Imparja Television Pty Ltd);

 (iii) North East Zone (licensed at the commencement of this Declaration to Telecasters Australia Ltd); and

 (c) commercial radio broadcasting services for the following remote licence areas (as established at the commencement of this Declaration):

 (i) Western Zone (licensed at the commencement of this Declaration to Golden West Network Pty Ltd and SAT FM Pty Ltd);

 (ii) Central Zone (licensed at the commencement of this Declaration to Central Zone FM Services);

 (iii) North East Zone (licensed at the commencement of this Declaration to Ausradio Pty Ltd).

the Act means the Telecommunications Act 1997.

4 Application

  This Declaration applies if a carrier licence is granted to Optus Networks Pty Ltd in the period starting on 30 June 1997 and ending at the end of 1 July 1997.

5 Industry development plan

  The licensee must:

 (a) within 90 days after a carrier licence is granted to the licensee:

 (i) give a current industry development plan to the Industry Minister; and

 (ii) obtain the Industry Minister’s approval of the plan; and

 (b) comply with clauses 8, 9, 10, 11, 12, 13 and 14 of Schedule 1 to the Act as if the plan was an industry development plan under Part 2 of Schedule 1 to the Act.

6 Network rollout

  Before 1 January 1998, to the extent technically practicable, the licensee must have offered and be able to supply domestic and international long distance services to everyone in Australia who is supplied with a standard telephone service by the licensee or the universal service provider in complying with its universal service obligation.

7 Obligation to provide carriage services for certain users

 (1) The licensee must provide carriage services through satellite-based facilities or equivalent services (the required carriage services) to the following users:

 (a) Australian Broadcasting Corporation — for its Homestead and Community Broadcasting Satellite Service;

 (b) suppliers of remote broadcasting services;

 (c) Department of Defence;

 (d) Civil Aviation Safety Authority;

 (e) Airservices Australia.

 (2) The licensee must comply with the conditions of any binding agreement with a user mentioned in subclause (1) that:

 (a) deals with provision of the required carriage services; and

 (b) is current at the commencement of this licence.

 (3) The licensee must enter a new agreement with a user mentioned in subclause (1) to provide services equivalent to those in an agreement mentioned in subclause (2) when that agreement ends if reasonably requested to do so by the user.

Note   The Minister may vary the conditions of a licence (eg by omitting reference to a user mentioned in subclause (1) that does not request a new agreement within a reasonable time) — subsection 63 (5) of the Act.

 (4) For subclause (3), equivalence of services is determined by:

 (a) transmission quality;

 (b) scope;

 (c) coverage;

 (d) whether the licensee and the user can offer the same kind and level of service as under that agreement.

 (5) The licensee does not contravene this clause if its compliance with it is affected by a matter beyond its control including, for example:

 (a) satellite launch failure; or

 (b) transponder failure; or

 (c) satellite loss; or

 (d) any other accident occurring in space.

 (6) If failure, loss or accident mentioned in paragraph (5) (a), (b), (c) or (d) occurs, the licensee does not have to comply with obligations under this clause to the extent that compliance is adversely affected by the failure, loss or accident.

 (7) Clause 7 ceases to have effect on the earlier of:

 (a) 1 January 2005; and

 (b) if the Minister gives a written notice to the licensee nominating a day (not earlier than the day on which the notice is given) when the clause ceases to have effect — that day.

Note   It is intended that the licensee’s obligation to service the users mentioned in subclause 7 (1) will operate only for the life-span of the B-series satellites.

8 Operation of satellite facilities

  The licensee must control the telemetry of the AUSSAT B-series satellites from earth stations on Australian territory.

Notes to the Carrier Licence Conditions (Optus Networks Pty Ltd) Declaration 1997

Note 1

The Carrier Licence Conditions (Optus Networks Pty Ltd) Declaration 1997 (in force under the subsection 63 (3) of the Telecommunications Act 1997) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Table of Amendments