Telecommunications (Agreements for Compliance with Structural Separation Undertaking) Determination 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L01700

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Commonwealth of Australia
 
Telecommunications Act 1997
 
Telecommunications (Agreements for Compliance with Structural Separation Undertaking) Determination 2014
 
I, MALCOLM BLIGH TURNBULL, Minister for Communications make the following determination under subsection 577BA(9) of the Telecommunications Act 1997.
Dated                           10 December 2014.
 
MALCOLM TURNBULL
Minister for Communications _________________________________________________________________
1     Name of Determination
This determination is the Telecommunications (Agreements for Compliance with Structural Separation Undertaking) Determination 2014.
2     Commencement
This determination commences on 14 December 2014.
3     Definitions

(1)     In this determination:
Access Deed means the deed of that name entered into by Telstra and NBN Co on 23 June 2011 and amended and restated pursuant to the Deed of Amendment and Restatement, which documents commitments made by NBN Co to Telstra in respect of the supply of NBN Co’s basic service offering and the charging for certain wholesale supply services. 
Act means the Telecommunications Act 1997.
Continuity Deed means the deed of that name entered into by Telstra and NBN Co on 14 December 2014 setting out the terms and conditions under which NBN Co will:
(a)        provide Telstra a licence to access specified copper loops and sub-loops for the provision of ADSL, voice services and other existing Telstra services during the migration period and to continue to provide special services, services to non-premises and services over long copper tails until such time as those services are migrated to the national broadband network or another technology;
(b)        provide Telstra a licence to access parts of NBN Co’s hybrid fibre-coaxial network to provide Telstra broadband services during the migration period and for the ongoing provision of Foxtel services; and
(c)        set out arrangements for access by each party to the other party’s infrastructure in or associated with a national broadband network rollout region or proposed rollout region.
Deed of Amendment and Restatement means the deed entitled “Deed of Amendment and Restatement – Definitive Agreements” entered into by Telstra and NBN Co on 14 December 2014 which, amongst other matters, documents conditions precedent for the amendment and restatement of the Access Deed, the Implementation and Interpretation Deed, the Infrastructure Services Agreement and the Subscriber Agreement.
Implementation and Interpretation Deed means:
(a)        the deed of that name entered into by Telstra and NBN Co on 23 June 2011 and amended on 14 December 2014 pursuant to the Deed of Amendment and Restatement; and
(b)        the deed of that name entered into by Telstra and NBN Co on 23 June 2011 and amended and restated pursuant to the Deed of Amendment and Restatement,
which documents conditions precedent and various agreements related to the national broadband network and common provisions which are incorporated into other agreements between Telstra and NBN Co related to the national broadband network.
Infrastructure Services Agreement means:
(a)        the agreement of that name entered into by Telstra and NBN Co on 23 June 2011 and amended on 14 December 2014 pursuant to the Deed of Amendment and Restatement; and
(b)        the agreement of that name entered into by Telstra and NBN Co on 23 June 2011 and amended and restated pursuant to the Deed of Amendment and Restatement,
which sets out, amongst other matters, the terms for the provision of long-term access to infrastructure and related services by Telstra to NBN Co, including ducts, pits and manholes, dark fibre, other fibre and exchange access and for the sale of copper lines, hybrid fibre-coaxial lines, lead-in-conduits and other infrastructure by Telstra to NBN Co and the provision of related services.
NBN Co means NBN Co Limited (ACN 136 533 741) as the company exists from time to time (even if its name is later changed).
national broadband network has the same meaning as in section 5 of the National Broadband Network Companies Act 2011.
Subscriber Agreement means:
(a)        the agreement of that name entered into by Telstra and NBN Co on 23 June 2011 and amended on 14 December 2014 pursuant to the Deed of Amendment and Restatement; and
(b)        the agreement of that name entered into by Telstra and NBN Co on 23 June 2011 and amended and restated pursuant to the Deed of Amendment and Restatement,
which sets out, amongst other matters, terms applicable to the disconnection by Telstra of copper-based customer access network services and hybrid-fibre coaxial broadband services that are provided to premises in the national broadband network fixed-line footprint and other terms related to disconnection and migration processes.
Telstra means Telstra Corporation Limited (ACN 051 775 556) as the company exists from time to time (even if its name is later changed).
Undertaking means the undertaking given by Telstra to the Australian Competition and Consumer Commission under subsection 577A(1) of the Act and which came into force on 6 March 2012.
4     Determination
 
Subsection 577BA(8) of the Act applies, and is taken to have always applied, to each of the following contracts, as if Telstra had entered into each of these contracts in order to comply with the Undertaking:
                                                          (a)      Access Deed;
                                                         (b)      Continuity Deed;
                                                          (c)      Deed of Amendment and Restatement;
                                                         (d)      Infrastructure Services Agreement;
                                                          (e)      Implementation and Interpretation Deed; and
                                                          (f)      Subscriber Agreement.