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TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 247

247 Exemptions from requirement to join scheme

(1) The ACA may, by notice in the Gazette, declare that a specified carrier or
eligible carriage service provider is exempt from the requirement set out in
subsection 246(1). The declaration has effect accordingly. Note: Carriers or
providers may be specified by name, by inclusion in a particular class or in
any other way.

(2) In deciding whether a carrier or provider should be exempt from the
requirement set out in subsection 246(1), the ACA must have regard to the
following matters:

   (a)  the extent to which the carrier or provider deals with residential
        customers in relation to the supply of carriage services;

   (b)  the extent to which the carrier or provider deals with proprietors of
        small businesses in relation to the supply of carriage services;

   (c)  the potential for complaints under the Telecommunications Industry
        Ombudsman scheme about services supplied by the carrier or provider.

(3) Subsection (2) does not, by implication, limit the matters to which the
ACA may have regard.

(4) Before making a declaration under this section, the ACA must consult the
Telecommunications Industry Ombudsman. 


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