Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of sections 20, 21, 30, 349, 372B, 372C and 372V, the boundary of a telecommunications network is to be ascertained in accordance with the regulations.
(2) Regulations made for the purposes of subsection (1) may deal with a matter by reference to any or all of the following:
(a) the terms of an agreement between 2 or more carriers, where the agreement is entered into for the purposes of those regulations;
(b) the terms of an agreement between 2 or more carriage service providers, where the agreement is entered into for the purposes of those regulations;
(c) the terms of an agreement between a carrier and a carriage service provider, where the agreement is entered into for the purposes of those regulations;
(d) the terms of an agreement between a carrier and a customer of the carrier, where the agreement is entered into for the purposes of those regulations;
(e) the terms of an agreement between a carriage service provider and a customer of the provider, where the agreement is entered into for the purposes of those regulations.
(3) Subsection (2) does not, by implication, limit subsection (1).
(4) If no regulations are in force for the purposes of subsection (1), then, for the purposes of sections 20, 21, 30, 349, 372B, 372C and 372V, the boundary of a telecommunications network is:
(a) in a case where a telecommunications network is used to supply a carriage service to an end - user in a building by means of a line that enters the building--the point agreed between the customer and the carrier or carriage service provider who operates the telecommunications network, or, failing agreement:
(i) if there is a main distribution frame in the building and the line is connected to the frame--the side of the frame nearest to the end - user; or
(ii) if subparagraph (i) does not apply but the line is connected to a network termination device located in, on or within close proximity to, the building--the side of the device nearest to the end - user; or
(iii) if neither subparagraph (i) nor (ii) applies but the line is connected to one or more sockets in the building--the side nearest to the end - user of the first socket after the building entry point; or
(b) in a case where a telecommunications network is used to supply a carriage service to an end - user by means of a satellite - based facility that transmits to, or receives transmissions from, the point where the end user is located--the outer surface of the satellite - based facility; or
(c) in a case where:
(i) a telecommunications network is used to supply a carriage service to an end - user; and
(ii) paragraphs (a) and (b) do not apply;
the outer surface of the fixed facility nearest to the end - user, where the facility is used, installed ready for use or intended for use to supply the carriage service.
(5) If, immediately before 1 July 1997, the boundary of a telecommunications network used to supply a standard telephone service to an end - user in a building by means of a line that enters the building is the side of a main distribution frame, or a telephone socket, nearest to the end - user, paragraph (4)(a) has effect, on and after 1 July 1997, as if the customer and the carrier or carriage service provider who operates the network had agreed to the boundary at that point.
(6) Subsection (5) does not prevent the customer and the carrier or carriage service provider agreeing to a boundary at a different point.
(7) For the purposes of subsection (4), the building entry point is the point at which a line that is used to provide a carriage service to an end - user in a building meets the outer surface of that building, immediately before entering the building.
(8) In this section:
"building" includes a structure, a caravan and a mobile home.