Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 577

Simplified outline

    The following is a simplified outline of this Part:

  Telstra may give the following undertakings:

  (a)   an undertaking about structural separation;

  (b)   an undertaking about hybrid fibre - coaxial networks;

  (c)   an undertaking about subscription television broadcasting licences.

  An undertaking about structural separation applies to certain designated Telstra successor companies.

  An undertaking comes into force when it is accepted by the ACCC.

  The Minister may, by legislative instrument, determine that the excluded spectrum regime applies to Telstra. If the Minister does so, Telstra will not be allowed to supply services using a designated part of the spectrum unless all 3 undertakings given by Telstra are in force.

  However, the Minister may exempt Telstra from the requirement to have an undertaking about hybrid fibre - coaxial networks or subscription television broadcasting licences if the Minister is satisfied that Telstra's undertaking about structural separation is sufficient to address concerns about the degree of Telstra's power in telecommunications markets.

Note:   An undertaking under section   577A about structural separation came into force on 6   March 2012.


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