Role of QCA in prescribing arrangements for an unregulated service Sample Clauses

Role of QCA in prescribing arrangements for an unregulated service. The QCA’s role in regulating access ceases once the relevant service ceases to be declared under the QCA Act. In the absence of an access regime (i.e. where a service is unregulated) an Access Seeker would have no statutory rights either to obtain access or to require the owner to extend the facility. The QCA Act expressly allows an access provider and an Access Seeker to negotiate the terms of access, including access charges. Unless those terms are inconsistent with the QCA Act, the parties are free to agree any terms, including ones that are inconsistent with an approved access undertaking, as provided in sections 99 and 168 of the QCA Act. In light of these matters Aurizon Network does not see how the QCA can seek to regulate access charges in an unregulated environment.
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