Commonwealth Consolidated Acts Commonwealth Consolidated Acts(a) a person (other than an NBN corporation) who is, or expects to be, a carrier or a carriage service provider supplying:
(i) a listed carriage service (within the meaning of the Telecommunications Act 1997 ); or
(ii) a service that facilitates the supply of a listed carriage service (within the meaning of that Act);
whether to itself or to other persons, so long as the service is not a declared service; or
(b) a person who is an NBN corporation and who is, or expects to be, a carrier or carriage service provider supplying or capable of supplying:
(i) a listed carriage service (within the meaning of the Telecommunications Act 1997 ); or
(ii) a service that facilitates the supply of a listed carriage service (within the meaning of that Act);
whether to itself or to other persons, so long as:
(iii) the service is not a declared service under subsection 152AL(8A); and
(iv) there is no access determination that applies in relation to access to the service.
(2) The person may give a written undertaking (a special access undertaking ) to the Commission in connection with the provision of access to the service.
(3) If paragraph (1)(a) applies, the undertaking must state that, in the event that the person supplies the service (whether to itself or to other persons), the person:
(a) agrees to be bound by the obligations referred to in section 152AR, to the extent that those obligations would apply to the person in relation to the service if the service were treated as an active declared service; and
(b) undertakes to comply with the terms and conditions specified in the undertaking in relation to the obligations referred to in paragraph (a).
Note: The undertaking need not specify all terms and conditions--see subparagraph 152AY(2)(b)(ii).
(3A) If paragraph (1)(b) applies, the undertaking must state that, in the event that the person supplies, or becomes capable of supplying, the service (whether to itself or to other persons), the person:
(a) agrees to be bound by the obligations referred to in section 152AXB, to the extent that those obligations would apply to the person in relation to the service if the service were treated as a declared service; and
(b) undertakes to comply with the terms and conditions specified in the undertaking in relation to the obligations referred to in section 152AXB.
Note: The undertaking need not specify all terms and conditions--see subparagraph 152AY(2)(b)(ii).
(3B) The undertaking may also state, in the event that the person supplies the service (whether to itself or to other persons), the person:
(a) will engage in specified conduct in relation to access to the service; and
(b) will do so on such terms and conditions as are specified in the undertaking.
(3C) If the person is an NBN corporation, the undertaking may also state that the NBN corporation will engage in specified conduct in relation to:
(a) developing a new eligible service (within the meaning of section 152AL); or
(b) enhancing a declared service; or
(c) extending or enhancing the capability of a facility or telecommunications network by means of which a declared service is, or is to be, supplied; or
(d) planning for a facility or telecommunications network by means of which a declared service is, or is to be, supplied; or
(e) an activity that is preparatory to the supply of a declared service; or
(f) an activity that is ancillary or incidental to the supply of a declared service; or
(g) giving information to service providers about any of the above activities.
(3D) For the purposes of this Part, in determining whether the undertaking relates to a particular service or proposed service, disregard a statement included in the undertaking in accordance with subsection (3C).
(4) The undertaking must be in a form approved in writing by the Commission.
(5) The undertaking may be without limitations or may be subject to such limitations as are specified in the undertaking.
(6) The undertaking must specify the expiry time of the undertaking.
(7) The expiry time of the undertaking may be described by reference to the end of a period beginning:
(a) when the undertaking comes into operation; or
(b) when the person begins to supply the service (whether to itself or to other persons).
(8) Subsection (7) does not, by implication, limit subsection (6).
(9) The undertaking may provide for the person to extend, or further extend, the expiry time of the undertaking, so long as:
(a) the extension or further extension is approved by the Commission; and
(b) the undertaking sets out criteria that are to be applied by the Commission in deciding whether to approve the extension or further extension.
(10) If the undertaking expires, this Part does not prevent the person from giving a fresh special access undertaking in the same terms as the expired undertaking.
Commission may perform functions or exercise powers
(10A) If the undertaking provides for the Commission to perform functions or exercise powers in relation to the undertaking, the Commission may perform those functions, and exercise those powers, in accordance with the undertaking.
Related services
(11) A reference in subparagraphs (1)(a)(ii) and (b)(ii) to a service that facilitates the supply of a carriage service does not include a reference to the use of intellectual property except to the extent that it is an integral but subsidiary part of the first - mentioned service.
"active declared service" has the same meaning as in section 152AR (disregarding subsection 152AL(7)).
Note: A service includes a proposed service--see section 152CBJ.