Commonwealth Numbered Acts

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TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 137

Right to interconnection and related carriage
137. (1) In this section:
``network" means:

   (a)  a telecommunications network to supply telecommunications services
        between distinct places within Australia; or

   (b)  a telecommunications network within Australia to supply
        telecommunications services between places within Australia and places
        outside Australia; and, in relation to a carrier, means such a network
        that is operated by the carrier; '' NAME="network_facilities">
        ``network facilities", in relation to a carrier, means facilities that
        the carrier operates or uses, or intends to operate or use, as part
        of, in, or in connection with, a network of the carrier.

(2) A carrier has the right to interconnect its network facilities to a
network of any other carrier:

   (a)  for the purpose of the other carrier carrying communications across
        the network under subsection (3); and

   (b)  on such terms and conditions as the carriers agree on or, failing
        agreement, as AUSTEL determines under section 154.

(3) Where a carrier's network facilities are, or are to be, interconnected
because of subsection (2) to a network of another carrier, the other carrier
must carry communications across the network:

   (a)  so far as is necessary or desirable for the purposes of the
        first-mentioned carrier supplying, by means of those facilities:

   (i)  if the first-mentioned carrier is both a general carrier and a mobile
        carrier - telecommunications services; or

   (ii) if the first-mentioned carrier is a general carrier but not a mobile
        carrier - telecommunications services other than public mobile
        telecommunications services; or

   (iii) if the first-mentioned carrier is a mobile carrier but not a general
        carrier - public mobile telecommunications services; and

   (b)  on such terms and conditions as the carriers agree on or, failing
        agreement, as AUSTEL determines under section 154. ''PRE>



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