Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 35

Fixed radiocommunications link

  (1)   For the purposes of this Act, a fixed radiocommunications link is a facility, or a combination of facilities, where:

  (a)   the facility or combination is used, or for use, in connection with the supply of a carriage service between 2 or more fixed points by means of radiocommunication; and

  (b)   some or all of the communications carried by means of the facility or combination have the characteristic of double - ended interconnection (as defined by subsection   (3)); and

  (c)   the facility or combination does not consist of:

  (i)   one or more base stations that are part of a terrestrial radiocommunications customer access network; or

  (ii)   one or more base stations that would be part of such a network if paragraph   34(1)(h) had not been enacted.

  (2)   For the purposes of this section, a fixed point is a fixed point on:

  (a)   land; or

  (b)   a building or structure on land.

  (3)   For the purposes of this section, if:

  (a)   a communication is carried over a line link or other facility that, apart from this section, is an eligible network unit; and

  (b)   the communication is then carried (immediately or with a transmission delay of not longer than 30 seconds), by means of radiocommunication, between 2 or more fixed points; and

  (c)   the communication is then carried (immediately or with a transmission delay of not longer than 30 seconds) over another line link or other facility that, apart from this section, is an eligible network unit;

the communication referred to in paragraph   (b) has the characteristic of double - ended interconnection.

  (4)   In this section:

"eligible network unit" means a network unit:

  (a)   that is owned by one or more carriers; or

  (b)   in relation to which a nominated carrier declaration is in force.


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