Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 187

187. (1) This section has effect for the purposes of section 183 where:

   (a)  a carrier supplies a basic carriage service (in this section called
        the
``primary service") of a particular kind and uses it for or in relation to the
supply by the carrier of a higher level service (in this section called the ''
NAME="secondary_service"> ``secondary service") of a particular kind; and

   (b)  the carrier is in a position to dominate a market for that kind of
        basic carriage service, being a market in which other suppliers of
        higher level services of that kind acquire basic carriage services of
        that kind for use for or in relation to their supply of such higher
        level services.

(2) This section also has effect for the purposes of section 183 where:

   (a)  because of a direction under section 181, a carrier must supply a
        basic carriage service of a particular kind to the public generally;
        and

   (b)  the carrier uses a basic carriage service of that kind (in this
        section '' NAME="primary_service"> also called the ``primary service")
        for or in relation to the supply by the carrier of a
        telecommunications service (in this section also called the ''
        NAME="secondary_service"> ``secondary service") of a particular kind;
        and

   (c)  the carrier is in a position to dominate a market for that kind of
        basic carriage service, being a market in which other suppliers of
        telecommunications services of that kind acquire basic carriage
        services of that kind for use for or in relation to their supply of
        such telecommunications services.

(3) The carrier is taken to acquire the primary service in that market.

(4) The charges for the primary service are taken to be so much of the total
of the amounts shown in the carrier's books of account as the costs of
supplying the secondary service as those books treat as being attributable to
the supply of the primary service.

(5) The terms and conditions on which the primary service is supplied are
taken to be the terms and conditions on which it is reasonable to expect that
the primary service would have been supplied if:

   (a)  the part of the carrier's undertaking that is concerned with the
        supply of basic carriage services of the same kind as the primary
        service; and

   (b)  the part of that undertaking that is concerned with the supply of
        higher level services or telecommunications services, as the case may
        be, of the same kind as the secondary service; had respectively
        belonged to distinct legal persons dealing with each other at arm's
        length. ''PRE>









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