Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 35

(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.