Trade Practices Act 1974 - Class Exemption Determination No. 1 of 2008

Class Exemption Determination No. 1 of 2008

as amended

made under subsection 152AS(1) of the

Trade Practices Act 1974

This compilation was prepared on 12 February 2010
taking into account amendments up to Class Exemption (Variation) Determination No. 2 of 2009.

Prepared by the Australian Competition and Consumer Commission, Canberra

TRADE PRACTICES ACT 1974

Determination under subsection 152AS(1)

by the Australian Competition and Consumer Commission

Class exemption from standard access obligations

in respect of LCS

1. Title [see Note 1]

This Determination may be cited as Class Exemption Determination No. 1 of 2008.

2.       Commencement and Expiry

(1)    This Determination comes into effect 12 months after the date of release of the Commission’s Final Decision on Telstra’s applications for an individual exemption from the Standard Access Obligations in respect of LCS lodged on 9 July 2007 and 12 October 2007.

(2)    This Determination will expire

(a)    five years after 24 August 2009; or

(b)    upon revocation of either the LCS Declaration, or the ULLS Declaration, whichever first occurs.”

3.       Interpretation

(1)    Unless the contrary intention appears, where the words of phrases used in this Determination are defined in the Act, the Telecommunications Act 1997, or the instrument declaring the declared service, those words or phrases have the same meaning in this Determination.

(2)    In this Determination, unless the contrary intention appears –

Commission means the Australian Competition and Consumer Commission.

Declared Service means LCS.

Exchange Service Area or ESA has the meaning given to that phrase by the Australian Communications Industry Forum Limited definition in ACIF C559:2006, Part 1.

Exemption ESA List means the list of Exemption ESAs published by the Commission on its website pursuant to paragraph 6.1(b) of the Australian Competition Tribunal’s 2009 LCS Individual Exemption Order dated 24 August 2009.

LCS means the Local Carriage Service declared by the Commission under subsection 152AL(3) of the Act pursuant to the LCS Declaration.

LCS Declaration means the declaration made by the Commission under section 152AL(3) of the Act in respect of the LCS with effect from 1 August 2006 and published in the Commonwealth of Australia Gazette No. GN 31 of 9 August 2006, as varied from time to time.

Note:   The Commission may extend or further extend the expiry date of the LCS Declaration under subsection 152ALA(4) of the Act.

Specified Class of Carriage Service Provider means the class of carriage service provider specified in Item 5 of this Determination.

Specified Class of Carrier  means the class of carrier specified in Item 4 of this Determination.

Standard Access Obligations means the standard access obligations in section 152AR of the Act.

Telstra means Telstra Corporation Limited (ACN 051 775 556)

the Act means the Trade Practices Act 1974.

ULLS means the Unconditioned Local Loop Service declared by the Commission under subsection 152AL(3) of the Act pursuant to the ULLS Declaration.

ULLS Declaration means the declaration made by the Commission under section 152AL(3) of the Act in respect of the ULLS with effect from 1 August 2006 and published in the Commonwealth of Australia Gazette No. GN31 of 9 August 2006, as varied from time to time.

Note: The Commission may extend or further extend the expiry date of the ULLS Declaration under subsection 152ALA(4) of the Act.

4.       Specified class of carrier

The class of carrier which is specified for the purpose of this Determination is the class of all carriers except Telstra.

5.       Specified class of carriage service provider

The class of carriage service provider which is specified for the purpose of this Determination is the class of all carriage service providers except Telstra.

Exemption

6.       Subject to paragraph 7, each member of the Specified Class of Carrier and each member of the Specified Class of Carriage Service Provider is exempt from the Standard Access Obligations in respect of the supply of LCS within those ESAs included in the list of Exemption ESAs published by the Commission on its website pursuant to paragraph 6.1(b) of the Australian Competition Tribunal’s 2009 LCS Individual Exemption Order dated 24 August 2009.

7.       The Exemption does not have effect with respect to a particular ESA until 6 months after the publication date of the Exemption ESA List on which that ESA first appears.

Notes to the Class Exemption Determination No. 1 of 2008

Note 1

The Class Exemption Determination No. 1 of 2008 (in force under subsection 152AS(1) of the Trade Practices Act 1974) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Table of Amendments