The Australian Competition and Consumer Commission declares, pursuant to section 152AL(3) of the Competition and Consumer Act 2010 (Cth) (the Act), that the local bitstream access service (LBAS) is a "declared service" for the purposes of Part XIC of the Act.
This declaration comes into effect on the commencement of subsection 152AL(3C) of the Act, which will be 13 April 2012. This declaration does not expire.
The local bitstream access service is a point to point service for the carriage of communications in digital form between a network-network interface and a user-network interface supplied using a designated superfast telecommunications network that is:
(a) a Layer 2 bitstream service; and
(b) a superfast carriage service.
This declaration does not apply to services supplied, or capable of being supplied:
(a) using a specified network; or
(b) using a specified local access line; or
(c) by a specified owner of a local access line;
where that network, local access line or owner is the subject of a Ministerial exemption under section 141A or statutory exemption under subsection 141B(3) or 141B(4) of the Telecommunications Act and any conditions that apply to the exemption are satisfied.
Where words or phrases used in this declaration are defined in the Competition and Consumer Act 2010 or the Telecommunications Act 1997, they have the meaning given in the relevant Act.
Layer 2 bitstream service has the meaning given in section 152AC of the Competition and Consumer Act 2010
designated superfast telecommunications network has the meaning given in subsection 152AGA of the Competition and Consumer Act 2010
a network-network interface means an interface provided by an access provider at a point of interconnection where the access seeker’s telecommunications network can interface to the access provider’s designated superfast telecommunications network
a point of interconnection is a physical point of interconnection which allows the interconnection of facilities in accordance with subsection 152AR(5) of the Competition and Consumer Act 2010
superfast carriage service has the meaning given in section 152AC of the Competition and Consumer Act 2010
a user-network interface means an interface located at a physically defined end-user’s premises where the access provider’s designated superfast telecommunications network is present to an end-user