{"id":"F2005B01098","name":"A Code of Access to Telecommunications Transmission Towers, Sites of Towers and Underground Facilities","slug":"a-code-of-access-to-telecommunications-transmission-towers-sites-of-towers-and-underground-facilitie","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32437,"registerId":"commonwealth-F2005B01098-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary assessment of access ……………………………………….. 43","content":"Part 1: Preliminary assessment of access ……………………………………….. 43\n\n1.1 Exchange of information ……………………………………………………. 43\n\n1.2 Physical access ……………………………………………………………… 44\n\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Facilities access application ……………………………………………… 46","content":"Part 2: Facilities access application ……………………………………………… 46\n\n2.1 Lodgement of Facilities Access Application ……………………………….. 46\n\n2.2 Assessment of Facilities Access Application ………………………………. 49\n\n2.3 Proposal to reject a Facilities Access Application ………………………….. 49\n\n2.4 Acceptance of a Facilities Access Application …………………………….. 50\n\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Termination of tower access ……………………………………………. 53","content":"Part 3: Termination of tower access ……………………………………………. 53\n\n3.1 Standard term of access ……………………………………………………. 53\n\n3.2 Termination by First Carrier ……………………………………………….. 53\n\n3.3 Termination by Second Carrier ……………………………………………. 54\n\nSCHEDULE A1: ACCESS PROCEDURE —\n\nFIRST CARRIER PERFORMS MAKE READY WORK ……………….…. 55\n\n","sortOrder":2},{"sectionNumber":"1","sectionType":"section","heading":"Conduct of a Detailed Field Study …………………………………………. 55","content":"1 Conduct of a Detailed Field Study …………………………………………. 55\n\n","sortOrder":3},{"sectionNumber":"2","sectionType":"section","heading":"Time extension for the conduct of a Detailed","content":"2 Time extension for the conduct of a Detailed\n\nField Study ……………………………………………………………….…. 57\n\n3 Order for access by Second Carrier ………………………………………… 58\n\n4 Response to Order for access ………………………………………………. 59\n\n5 Delivery of access ………………………………………………………….. 60\n\n6 Variation of Make Ready Work ……………………………………………. 60\n\n7 Cancellation and variation of accepted Orders …………………………….. 61\n\n8 Installation of Equipment by Second Carrier ………………………………. 62\n\n9 Completion inspection ……………………………………………………… 62\n\n  \nSCHEDULE A2: ACCESS PROCEDURE —\n\nSECOND CARRIER PERFORMS MAKE READY WORK ………………. 63\n\nPart 1: Access to existing tower and/or tower site …………………………….. 63\n\n1.1 Construction and Work Plan ………………………………………………… 63\n\n1.2 Permits and approvals ………………………………………………………. 64\n\n1.3 Conduct of Make Ready Work ……………………………………………… 65\n\n1.4 Completion inspection ………………………………………………………. 66\n\nPart 2: Access to a new or replacement\n\nPMTS tower and/or tower site ………………………………………….. 67\n\n2.1 Property rights ………………………………………………………………. 67\n\n2.2 Construction and Work Plan ………………………………………………… 67\n\n2.3 Conduct of Make Ready Work ……………………………………………… 69\n\n2.4 Completion inspection ……………………………………………………..... 70\n\nAnnexure B: Underground facilities\n\nPart 1: Preliminary assessment of access ……………………………………….. 71\n\n1.1 Exchange of information …………………………………………………..... 71\n\n1.2 Physical Access ……………………………………………………………… 72\n\nPart 2: Facilities access application ……………………………………………… 74\n\n2.1 Lodgement of Facilities Access Application ……………………………….. 74\n\n2.2 Assessment of Facilities Access Application ……………………………….. 76\n\n2.3 Proposal to reject an application …………………………………………..... 77\n\nPart 3: Termination of access ……………………………………………………... 78\n\n3.1 Standard term of access ……………………………………………………... 78\n\n3.2 Termination by First Carrier ………………………………………………… 78\n\n3.3 Termination by Second Carrier ……………………………………………… 79\n\nSCHEDULE B1: ACCESS PROCEDURE —\n\nFIRST CARRIER PERFORMS MAKE READY WORK …………………. 80\n\n1 Conduct of a Detailed Field Study …………………………………………. 80\n\n2 Time Extension for the conduct of a Detailed\n\nField Study …………………………………………………………………. 82\n\n","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Order for access by Second Carrier ………………………………………… 83","content":"3 Order for access by Second Carrier ………………………………………… 83\n\n  \n\n4 Response to Order for access ………………………………………………. 84\n\n5 Delivery of Access …………………………………………………………. 85\n\n6 Variation of Make Ready Work ……………………………………………. 85\n\n7 Cancellation and variation of accepted Orders …………………………….. 86\n\n8 Installation of Equipment by Second Carrier ……………………………..... 87\n\n9 Completion Inspection ……………………………………………………… 87\n\nSCHEDULE B2: ACCESS PROCEDURE —\n\nSECOND CARRIER PERFORMS MAKE READY WORK ……………… 88\n\nAccess to existing underground facility ………………………………………… 88\n\n1 Construction and Work Plan ……………………………………………….. 88\n\n2 Permits and approvals ……………………………………………………… 90\n\n3 Conduct of Make Ready Work …………………………………………….. 91\n\n4 Completion Inspection ……………………………………………………... 92\n\nNotes 93\n\nChapter 1.\n\nIntroduction, background and scope\n\nBackground to Facilities Access Code\n\n","sortOrder":5},{"sectionNumber":"Part 5","sectionType":"part","heading":"of Schedule 1 of the Telecommunications Act 1997 (Part 5)","content":"Part 5 of Schedule 1 of the Telecommunications Act 1997 (Part 5)\n\nprovides for Carriers to provide other Carriers with access\n\nto telecommunications transmission towers, the sites\n\nof telecommunications transmission towers and eligible\n\nunderground facilities.\n\nClause 37 of Part 5 empowers the Australian Competition and\n\nConsumer Commission to make a code which sets out conditions\n\nthat are to be complied with in relation to the provision of access\n\nunder Part 5.\n\nThe Code is designed to encourage the co-location of facilities,\n\nwhere reasonably practicable, and promote competition\n\nby facilitating the entry of new mobile and fixed line operators.\n\nThe Explanatory Statement to the Code provides a detailed\n\nintroduction to and background information on the Code.\n\nSimplified outline of the code\n\nThe Code is divided into six chapters and includes two Annexures\n\n(A and B). The Chapters of the main code deal with the following:\n\nChapter 1 — introduction, scope and application of the code\n\nChapter 2 — mandatory conditions of access\n\nChapter 3 — general procedures concerning applying for\n\nfacilities access\n\n","sortOrder":6},{"sectionNumber":"Part 4","sectionType":"part","heading":"general procedures for negotiating a facilities","content":"Chapter 4 — general procedures for negotiating a facilities\n\naccess agreement\n\nChapter 5 — general procedures governing the implementation\n\nof access\n\n","sortOrder":7},{"sectionNumber":"Part 6","sectionType":"part","heading":"glossary of terms and interpretation","content":"Chapter 6 — glossary of terms and interpretation\n\n  \nAnnexure A establishes administrative and operational procedures\n\nwhich specifically apply to telecommunications transmission\n\ntowers and sites of towers. Annexure B establishes the\n\nadministrative and operational procedures which specifically\n\napply to underground facilities.\n\n1.1 Preliminary\n\n1.1.1 Citation\n\nThis Code is called A Code of Access to Telecommunications\n\nTransmission Towers, Sites of Towers and Underground Facilities.\n\nFor ease of reference, the Code may also be referred to as the\n\nFacilities Access Code.\n\n1.1.2 Commencement\n\nThis Code shall take effect on the date specified in the\n\nCommonwealth of Australia Government Notices Gazette.\n\n1.1.3 Variations\n\n(1) From time to time, the provisions of the Code may be varied\n\nby the ACCC.\n\n(2) Carriers will be notified of variations to the Code before the\n\ndate of effect of such variations.\n\n1.1.4 Review\n\nThe ACCC may review the Code at any time, for example,\n\nin response to changes in relevant legislation, licence conditions\n\nor lawful directions made by any Minister.\n\n1.2 Scope and application of the Code\n\n1.2.1 Facilities\n\nThe Code applies to the facilities specified in Part 5. For ease\n\nof reference, these facilities are collectively referred to as Eligible\n\nFacilities throughout the Code.\n\nThis Code does not apply to the extent (if any) it imposes an obligation on a designated Telstra successor company that has the effect of preventing the designated Telstra successor company from complying with an undertaking in force under section 577A of the Telecommunications Act 1997.\n\nThis Code does not apply to the extent (if any) it imposes an obligation on Telstra that has the effect of preventing Telstra from complying with an undertaking in force under section 577C or 577E of the Telecommunications Act 1997 (the Act).\n\nFor the purposes of this Code, an NBN corporation is not taken to be the operator or controller of an Eligible Facility if:\n\n(1) there is an agreement in force between Telstra or a designated Telstra successor company and an NBN corporation,\n\n(2) the agreement relates to an NBN corporation’s access to an Eligible Facility owned or operated by Telstra or the designated Telstra successor company, and\n\n(3) apart from this provision, the agreement would result in the NBN corporation being the operator or controller of the Eligible Facility.\n\nNote 1: see Chapter 5 for a full definition of Eligible Facilities.\n\nNote 2: see Subclauses 33(8), 34(8) and 35(8) of Part 5 of Schedule 1 to the Telecommunications Act 1997.\n\n1.2.2 Agreements\n\n(1) Subject to sub-clause 1.2.2(2)-(4), a First and Second Carrier\n\nmay agree, in writing that particular conditions of access to\n\nEligible Facilities will prevail over those set out in the Code.\n\n(2) Pursuant to sub-clause 1.2.2(1), such an agreement must\n\nspecify which provisions of the Code are to be displaced\n\nby conditions of access of that agreement.\n\n(3) Clauses contained in Chapter 2 of the main Code apply\n\nnotwithstanding any agreement to the contrary.\n\n(4) A bi-lateral agreement made pursuant to sub-clause 1.2.2(1)\n\ncannot displace multi-lateral obligations imposed on Carriers\n\nby the Code.\n\n  \nChapter 2.\n\nMandatory conditions of access\n\n2.1 Confidential information — all Carriers\n\n(1) Subject to sub-clause 2.1(4) and any statutory duties, a First\n\nCarrier must keep confidential all Confidential Information\n\nof the Second Carrier and a Second Carrier must keep\n\nconfidential all Confidential Information of the First Carrier\n\nwhich:\n\n(a) is disclosed, communicated or delivered to it in\n\nconnection with an application or agreement relating\n\nto access to Eligible Facilities; or\n\n(b) comes to its knowledge or into its possession in\n\nconnection with such an application or agreement;\n\nand must not:\n\n(c) use or copy such Confidential Information except for\n\nthe purposes of this Code; or\n\n(d) disclose or communicate, cause to be disclosed\n\nor communicated or otherwise make available such\n\nConfidential Information to any third person.\n\n(2) Information generated about a First or Second Carrier’s\n\nnetwork or facilities as a result of, or in connection with,\n\nthe provision of access to facilities is the Confidential\n\nInformation of that Carrier.\n\n(3) Subject to sub-clause 2.1(4), Confidential Information\n\nobtained by a First Carrier about a Second Carrier’s facilities\n\nand Confidential Information obtained by a Second Carrier\n\nabout a First Carrier’s facilities must only be:\n\n(a) used for the technical purpose of undertaking work\n\nnecessary to allow for facilities access or as required by\n\nthe ACMA, the ACCC or an independent expert appointed\n\nin accordance with this Code; and\n\n(b) as far as is reasonably practical, used by technical and\n\nrelated personnel directly involved in the facilities\n\naccess task or in accordance with sub-clause 2.1(4).\n\n  \n\n(4) A First or Second Carrier (Disclosing Carrier) may disclose\n\nthe Confidential Information of a Second or First Carrier\n\n(Other Carrier) respectively:\n\n(a) to those of its directors, officers, employees, agents and\n\nrepresentatives to whom the Confidential Information is\n\nreasonably required to be disclosed for the purposes of\n\na facilities access application or agreement; and\n\n(b) to any professional person acting for the Disclosing\n\nCarrier to the extent necessary to permit that person to\n\nprotect or advise on the rights of the Disclosing Carrier\n\nin respect of the obligations of the Disclosing Carrier\n\nunder a facilities access agreement; and\n\n(c) in connection with legal proceedings, arbitration, expert\n\ndetermination and other dispute resolution mechanisms\n\nor for the purpose of seeking advice from a professional\n\nperson in relation thereto; and\n\n(d) as required by law provided that the Disclosing Carrier\n\nhas first notified the Other Carrier that it is required to\n\ndisclose the Confidential Information so that the Other\n\nCarrier has an opportunity to protect the confidentiality\n\nof its Confidential Information; and\n\n(e) as required by the listing rules of any stock exchange\n\nwhere a Disclosing Carrier’s securities are listed or\n\nquoted; and\n\n(f) with the consent of the Other Carrier; and\n\nNote: Sub-clause 2.1(6) provides that a condition of consent may be the\n\nacceptance of confidentiality obligations by the person to whom the\n\nConfidential Information is disclosed.\n\n(g) in accordance with a lawful and binding direction\n\nissued by the ACMA or the ACCC or any Minister; and\n\n(h) if reasonably required to protect the safety of personnel\n\nor equipment; and\n\n(i) as required by this Code.\n\n(5) First and Second Carriers must establish and observe\n\nprocedures adequate to protect the Confidential Information\n\nof the other First or Second Carrier with which it is engaged\n\nin relation to facilities access and must ensure that each of\n\nits directors, officers, employees, agents and representatives\n\nto whom that Confidential information is disclosed,\n\n  \nin connection with a facilities access application or\n\nagreement, is subject to and maintains the confidentiality\n\nobligations of this clause.\n\n(6) If required by the Other Carrier, as a condition of it giving its\n\nconsent to the disclosure of the Confidential Information of\n\nthat Other Carrier, the Disclosing Carrier, before disclosing\n\nConfidential Information to a third person (the disclosee),\n\nmust:\n\n(a) impose an obligation upon the disclosee:\n\n(i) to use the Confidential Information disclosed solely\n\nfor the purposes for which the disclosure is made\n\nand to observe appropriate confidentiality\n\nrequirements in relation to such information; and\n\n(ii) not to disclose the Confidential Information without\n\nthe prior written consent of the Disclosing Carrier;\n\nand\n\n(b) obtain an acknowledgment from such a disclosee that:\n\n(i) the Confidential Information is, and at all times\n\nremains, proprietary to the Other Carrier; and\n\n(ii) misuse or unauthorised disclosure of the\n\nConfidential Information will cause serious harm\n\nto the Other Carrier\n\nunless disclosure is made to a third party which is the\n\nCommonwealth or a State Government or a statutory\n\nauthority in compliance with a requirement imposed\n\nby statute.\n\n(7) First and Second Carriers must cooperate to:\n\n(a) protect the confidentiality of the other Carrier’s\n\nConfidential Information; or\n\n(b) enforce rights in relation to its Confidential Information.\n\n(8) Confidential Information provided by a First or Second\n\nCarrier to the other Carrier with which it is engaged in\n\nrelation to facilities access is provided for the benefit of that\n\nother Carrier only. First and Second Carriers must\n\nacknowledge that no warranty is to be given by a Disclosing\n\nCarrier that Confidential Information is or will be correct.\n\n  \n\n2.2 Non-discriminatory access to Eligible\n\nFacilities\n\n(1) Carriers must, in relation to the provision of access to\n\nEligible Facilities, as far as practicable, treat other Carriers\n\non a non-discriminatory basis. For a First Carrier, this would\n\ninclude taking all reasonable steps to ensure that, as far as\n\npracticable, having regard to its legitimate business interests\n\nand the interests of third parties, that the Second Carrier\n\nreceives timely provision of access that is equivalent to that\n\nwhich the First Carrier provides to itself.\n\n(2) The non-discrimination principles referred to in\n\nsub-paragraph 2. 2(1) do not apply to the extent that it is not\n\nreasonably practicable for parties to receive equivalent\n\naccess. In such circumstances, the First Carrier must ensure\n\nthat access is provided in a manner consistent with the\n\nqueuing policy principles set out in clause 2.3 of the main\n\nCode.\n\n(3) The non-discrimination principles are not intended to limit\n\na Second Carrier’s ability to obtain, on request, access of\n\na lower quality than that which the First Carrier provides\n\nto itself, subject to technical feasibility.\n\n(4) The non-discrimination principles are not intended to limit\n\na Second Carrier’s ability to obtain, on request, access of\n\na superior quality than that which the First Carrier provides\n\nto itself, provided always that the First Carrier will not be\n\nrequired to accept such a request.\n\n2.3 Queuing policy\n\n(1) The First Carrier must develop a queuing policy for\n\napplications for the supply of access to an Eligible Facility.\n\n(2) Subject to the legislative requirements of Part 5 to provide\n\naccess to Second Carriers, the queuing policy must include\n\nthe First Carrier’s applications and orders.\n\n(3) The queuing policy must be consistent with the following\n\nprinciples:\n\n(i) the queuing policy of the First Carrier must be\n\nnon-discriminatory; and\n\n(ii) subject to paragraph (i) above, the First Carrier must\n\nseek to maximise the efficiency of its queuing policy. Subject to sub-clauses (7) and (8), this includes a requirement that a Facilities Access Application must be removed from the queue for a Tower and/or Tower Site after 24 months from the date that application was accepted, if the Carrier has not commenced ordering and/or installing Equipment on or in that Tower and/or Tower Site. The Carrier may then lodge a new Facilities Access Application.\n\n    (4) The queuing policy must apply to a First Carrier’s :\n\n(i) review of applications before being accepted or\n\nrejected; and\n\n(ii) its fulfilment of accepted Facilities Access Applications.\n\n(5) The First Carrier must, within five Business Days of receipt\n\nof a Facilities Access Application, notify the Second Carrier\n\nof its acceptance on a queue in relation to its review\n\nof applications.\n\n(6) The queuing policy must provide that a Second Carrier\n\nmay prescribe the order in which applications placed\n\nsimultaneously by it with the First Carrier should be treated\n\nin a queue.\n\n(7) Paragraph 2.3(3)(ii) does not apply to Facilities Access Applications submitted before the commencement of the A Code of Access to Telecommunications Transmission Towers, Sites of Towers and Underground Facilities Amendment 2020 (No. 1).\n\n(8) In circumstances where:\n\n    (i) a Facilities Access Application from a Carrier has been accepted in the period ending six months after the commencement of the A Code of Access to Telecommunications Transmission Towers, Sites of Towers and Underground Facilities Amendment 2020 (No. 1); and\n    (ii) the Carrier has not, within 30 months of that Facilities Access Application being accepted, commenced ordering and/or installing Equipment on or in that Tower and/or Tower Site to which that Facilities Access Application relates;\n\nthe Facilities Access Application must be removed from the queue.\n\n2.4 Dispute Resolution — the giving of access\n\n(1) In the event that a dispute arises in negotiations over the\n\nterms and conditions of a Master Access Agreement or over\n\naccess to a particular Eligible Facility (or Facilities), Carriers\n\nmust engage in their own dispute resolution and, if necessary, mediation.\n\n(2) In attempting to resolve disputes pursuant to sub-clause\n\n2.4(1), Carriers must have regard to:\n\n(a) the criteria the ACCC must take into account if it\n\nis required to make a determination on terms and\n\nconditions under clause 36 of Part 5 of Schedule 1\n\nof the Telecommunications Act; and\n\nNote: see Telecommunications (Arbitration) Regulations, Statutory Rules\n\n","sortOrder":8},{"sectionNumber":"1997","sectionType":"section","heading":"No. 350, clause 8.","content":"1997 No. 350, clause 8.\n\n(b) any relevant principles or guidelines published by\n\nthe ACCC that may be relevant to the arbitration of\n\na dispute.\n\nNote: see Access Pricing Principles — Telecommunications, ACCC,\n\nNovember 1998 and Attachment A of the Explanatory Statement.\n\n(3) In the event that Carriers cannot resolve disputes pursuant\n\nto sub-clause 2.4(1), Carriers must make reasonable\n\nendeavours to refer a matter in dispute for arbitration by\n\nan agreed independent expert other than the ACCC. Carriers\n\nmay agree to accept a nominee of the Australian\n\nCommercial Disputes Centre.\n\n(4) Pursuant to sub-clause 2.4(3), Carriers must comply with the\n\ndetermination of an independent expert.\n\n(5) In making a determination under sub-clause 2.4(3),\n\nan independent expert may consult with the ACMA.\n\n(6) In the event that Carriers cannot resolve a dispute pursuant\n\nto sub-clause 2.4(3), Carriers must refer the matter in dispute\n\nto the ACCC for arbitration.\n\n(7) Carriers must ensure that dispute resolution measures\n\nrequired by this clause are conducted by persons with\n\nsufficient decision-making authority consistent with timely\n\ndispute resolution.\n\n2.5 Dispute Resolution — implementation of\n\naccess\n\n(1) The terms and conditions on which access is agreed must\n\ninclude arrangements for the settlement of a dispute about\n\nthe ongoing provision or implementation of access which\n\nare consistent with sub-clauses 2.4(1)-(5).\n\n(2) In the event that a dispute arises in relation to the ongoing\n\nprovision or implementation of access, Carriers must make\n\nreasonable endeavours to resolve the dispute in accordance\n\nwith the agreed dispute resolution arrangements made\n\npursuant to sub-clause 2.5(1).\n\n(3) Carriers must ensure that dispute resolution measures\n\nrequired by this clause are conducted by persons with\n\ndecision-making authority consistent with timely dispute\n\nresolution.\n\n2.6 Timeframes\n\n(1) The timeframes for particular processes associated with the\n\nprovision of access, as set out in the Code, must apply unless\n\na Carrier considers it would not be reasonably practicable for it\n\nto comply with the specified timeframes. In these circumstances,\n\nCarriers must make reasonable endeavours to agree to amended\n\ntimeframes.\n\n(2) Carriers must engage in dispute resolution, as set out in Chapter 2 of the main Code, if agreement cannot be reached on amended timeframes.\n\n  \nChapter 3.\n\nApplying for Access\n\n3.1 Information Package\n\n(1) The First Carrier must establish and maintain an Information\n\nPackage in relation to the provision of access to particular\n\nEligible Facilities or classes of Eligible Facilities.\n\nNote: classes of Eligible Facilities include telecommunications transmission\n\ntowers, sites of telecommunications transmission towers and\n\nunderground facilities, as defined in clause 31 of Part 5 of Schedule\n\n1 of the Act.\n\n(2) The Information Package must be provided to any Second\n\nCarrier who requests it in writing from the First Carrier\n\nwithin five Business Days of such a request.\n\n(3) If the Information Package is amended by the First Carrier,\n\nit must, within three Business Days of those amendments\n\nbeing made, provide a copy of the amendments, or an\n\namended copy of the Information Package, to:\n\n(a) Second Carriers who are being provided with access\n\nto Eligible Facilities; and\n\n(b) any Second Carriers who have requested an Information\n\nPackage within the period ninety days prior to the\n\nmaking of those amendments, unless a Second Carrier\n\nhas indicated that it does not wish to proceed with\n\nan access application.\n\n(4) The Information Package must be consistent with this Code\n\nand contain at least the following information:\n\n(a) the name and address of the First Carrier and contact\n\ndetails of its Proper Officer;\n\nNote: see clause 3.3 for the functions and responsibilities of a Proper\n\nOfficer.\n\n(b) to the extent relevant, an outline of how access to the\n\nFirst Carrier’s classes of Eligible Facilities is to occur and\n\nthe physical arrangements for installing relevant\n\nEquipment and arrangements for accessing such\n\nEquipment, including a pro-forma Physical Inspection\n\nNotification;\n\nNote: see clause 1.2 of Annexure A and Annexure B for the use\n\nof a Physical Inspection Notification;\n\n(c) a summary of the First Carrier’s ordering and\n\nprovisioning arrangements for installing Equipment and\n\narrangements for accessing such Equipment;\n\n(d) an indication of the time and major milestones likely\n\nto be required to enable access to Eligible Facilities to\n\nbe supplied to the Second Carrier, including any credit\n\nassessments which may be conducted and the types\n\nof security that may be required;\n\n(e) Financial Security Requirements which the First Carrier\n\nmay require from the Second Carrier;\n\nNote: see clause 4.3 of the main Code for provisions concerning Financial\n\nSecurity Requirements.\n\n(f) details of any Confidentiality Agreement which the First\n\nCarrier requires from the Second Carrier, the terms and\n\nconditions of which should be consistent with this\n\nCode; and\n\n(g) any credit assessment pro-forma and application form\n\nto be completed by the Second Carrier.\n\n3.2 Other information requirements\n\n(1) The First Carrier must, when requested by a Second Carrier,\n\nprovide within fifteen Business Days, general information\n\nin relation to the type and location of Eligible Facilities and any plans to establish new Towers or Tower Sites in a\n\nparticular Postcode Area and, on request, use its reasonable\n\nendeavours to provide further information, as required, that\n\nmay be relevant to a Second Carrier’s decision to seek\n\naccess.\n\n(2) The Second Carrier’s request must be for the purpose\n\nof facilitating bona fide negotiations between the First and\n\nSecond Carrier regarding access to Eligible Facilities.\n\nNote: clauses 33(2)(a), 34(2)(a) and 35(2)(a) of Part 5 state that a First\n\nCarrier is not required to provide access to a facility unless the access\n\nis provided for the sole purpose of enabling the Second Carrier to\n\ninstall a facility used, or for use, in connection with the supply\n\nof a carriage service.\n\n  \n\n3.3 Proper Officer\n\n(1) First and Second Carriers must appoint an employee or\n\nrepresentative with the responsibility for the administration\n\nof access to Eligible Facilities under Part 5 (Proper Officer).\n\n(2) The Proper Officer of a First or Second Carrier must use\n\nreasonable endeavours to consult with his or her counterpart\n\nfrom another Carrier regarding the matters set out in this\n\nCode, with a view to resolving any difficulties and to ensure\n\ncompliance with this Code.\n\n(3) First and Second Carriers must ensure that their Proper\n\nOfficer has adequate authority to effectively conduct his\n\nor her responsibilities under this Code.\n\n(4) A Proper Officer may delegate his or her functions to one\n\nor more persons and must notify the other party of any\n\nfunctions so delegated and the name and contact details\n\nof the delegate.\n\n(5) The responsibilities of each Proper Officer must include\n\nat least the following:\n\n(a) in the case of a First Carrier, processing requests for\n\naccess to Eligible Facilities; and\n\n(b) in the case of a Second Carrier, preparation and\n\nlodgement of requests for access to Eligible Facilities;\n\nand\n\n(c) in the case of both parties:\n\n(i) coordination of activities so that each party performs\n\nits responsibilities in relation to Make Ready Work;\n\nand\n\n(ii) receipt of notifications concerning defects, faults\n\nor other problems and ensuring compliance with its\n\nestablished emergency and maintenance procedures;\n\nand\n\n(iii) discussion of, and making reasonable endeavours\n\nto agree on, matters relating to access applications,\n\nincluding any proposal to reject an application.\n\n  \n\n3.4 Facilities Access Applications\n\nA Second Carrier seeking access to a particular Eligible Facility or\n\nFacilities must submit a Facilities Access Application in\n\naccordance with the relevant procedures and timeframes for\n\nmaking such an application, as set out in Annexure A or B.\n\n3.5 Forecast Information\n\n(1) For the sole purpose of assisting the First Carrier with the\n\nadministration of access procedures under this Code, the\n\nSecond Carrier must, if requested by the First Carrier,\n\nprovide the First Carrier with estimates of future\n\nrequirements for access to those Eligible Facilities that\n\nit reasonably requires (Forecast Information) to enable the\n\nFirst Carrier to provide for access to Eligible Facilities.\n\n(2) Any estimates of future requirements provided by the Second\n\nCarrier to the First Carrier must be given in good faith.\n\n  \nChapter 4.\n\nNegotiating access\n\n4.1 General\n\nNegotiations undertaken for the purpose of securing agreement for\n\nfacilities access must be undertaken in good faith and be entered\n\ninto and conducted in a timely manner.\n\n4.2 Master Access Agreement\n\n(1) If a Second Carrier has requested access to an Eligible\n\nFacility of a First Carrier, or indicated an intention to make\n\nsuch a request, and no existing Master Access Agreement\n\napplies in relation to the Eligible Facility to which the\n\nSecond Carrier is seeking access, the First and Second\n\nCarriers must make reasonable endeavours to negotiate\n\na Master Access Agreement, where that Agreement covers\n\ngeneral or standard terms and conditions by which the\n\nSecond Carrier will obtain access to the Eligible Facilities\n\nof the First Carrier (or a class thereof).\n\n(2) A Master Access Agreement applies to all applications made\n\nby a Second Carrier for access to facilities of a class covered\n\nby the Master Access Agreement prior to the termination of\n\nthe Master Access Agreement.\n\n(3) A Master Access Agreement must have a termination date.\n\n(4) A Master Access Agreement may, without limitation,\n\ndeal with:\n\n(a) ordering and provisioning procedures for access;\n\n(b) operation and routine maintenance procedures;\n\n(c) arrangements for dealing with delays in the delivery\n\n(d) supervisory procedures required by either party, to the\n\nextent necessary, in relation to the performance of Make\n\nReady Work;\n\n(e) dispute resolution procedures;\n\n(f) charges;\n\n  \n\n(g) financial security requirements;\n\n(h) credit assessment procedures (both initial and ongoing);\n\n(i) confidentiality;\n\n(j) indemnities;\n\n(k) any licence agreement to be entered into in respect\n\nof a grant of access to an Eligible Facility;\n\n(l) reasonable Forecast Information to be provided,\n\nas described in clause 3.5 of the main Code;\n\n(m) technical specifications relating to matters to be agreed\n\nby the Carriers, including technical specification of\n\nTowers and for attachment of Equipment to Towers, and\n\noccupational and health and safety standards;\n\n(n) relevant radio frequency, electromagnetic, operational\n\nand engineering practices and procedures as agreed\n\nbetween the Carriers;\n\n(o) Carriers’ respective rights and obligations in relation\n\nto physical access to Eligible Facilities, including what\n\nwork should be carried out and when that work will\n\nbe carried out;\n\n(p) the Carriers’ respective rights and obligations in relation\n\nto physical access to Eligible Facilities for the purpose\n\nof maintenance, as well as security and access-\n\ncoordination procedures;\n\n(q) emergency response procedures;\n\n(r) procedures for access to an Eligible Facility by Third\n\nParty Users; and\n\n(s) such other procedures as the Carriers may, from time\n\nto time, determine to be necessary for the due and\n\nproper joint operation of an Eligible Facility.\n\n(5) The Master Access Agreement may also require the Second\n\nCarrier to maintain with insurers approved by the First\n\nCarrier (which approval shall not be unreasonably withheld),\n\nin the name of the First Carrier and the Second Carrier, for\n\ntheir respective rights and interests, workers’ compensation,\n\npublic risk and other insurances which a prudent person\n\nengaged in a similar business or undertaking to the Second\n\nCarrier would effect or as reasonably specified by the First\n\n(6) The Carriers must make reasonable endeavours to agree\n\non procedures in a Master Access Agreement for coordinated\n\nscheduling of maintenance of their respective Equipment\n\nused on or in an Eligible Facility. These procedures must\n\nreflect the following principles:\n\n(i) the First Carrier must perform any necessary\n\nmaintenance when temporary decommissioning occurs,\n\nif reasonably practicable;\n\n(ii) regular shutdown periods of determinate length (Access\n\nWindows) must be scheduled within which the Carriers\n\ncan undertake regular scheduled work on their\n\nEquipment (if they are a First or Second Carrier) and/or\n\nEligible Facility (if they are the First Carrier); and\n\n(iii) each Access Window period should be scheduled\n\nto occur at a time of low demand for the Carrier’s\n\nnetworks and also when it is reasonably practical\n\nto perform maintenance work.\n\n(7) The Carriers must make reasonable endeavours to agree on\n\nprocedures in a Master Access Agreement for unscheduled\n\nmaintenance of their respective Equipment used on or in an\n\nEligible Facility outside a scheduled Access Window.\n\nAs a general principle, if maintenance work can be\n\nreasonably delayed until the next scheduled Access Window,\n\nthen it should be delayed. In the event that maintenance\n\nwork cannot be reasonably delayed, Carriers must\n\nco-operate to enable the maintenance work to be\n\nundertaken, including, where necessary, powering down\n\ntheir own antennas at no cost to any other Carrier.\n\n4.3 Financial matters\n\n(1) If the parties are unable to agree on terms of access because\n\nthe First Carrier has reasonable concerns that the Second\n\nCarrier:\n\n(i) is not creditworthy; and/or\n\n(ii) has repeatedly failed to comply with the terms and\n\nconditions on which the same or similar access has\n\nbeen provided (whether or not by the First Carrier); then\n\nthe Carriers must comply with the following provisions,\n\nas appropriate:\n\n  \n\n(a) The First Carrier must provide the following information\n\nto the Second Carrier if the First Carrier has reasonable\n\nconcerns as specified in sub-clause 4.3(1)(i):\n\n(i) specific evidence as to why the First Carrier believes\n\nthe Second Carrier would not be able to meet\n\nits financial obligations with respect to access;\n\n(ii) any independent supporting evidence of that\n\nposition; and\n\n(iii) any other relevant information.\n\n(b) The First Carrier must provide the following information\n\nto the Second Carrier if the First Carrier has reasonable\n\nconcerns as specified in sub-clause 4.3(1)(ii):\n\n(i) written evidence of any previous failures by the\n\nSecond Carrier to comply with terms and conditions\n\nof which the First Carrier is aware;\n\n(ii) a written description of the Eligible Facility to which\n\nthe previous failure relates; and\n\n(iii) any other relevant information.\n\n(c) A First Carrier making an assessment of creditworthiness\n\nfor the purpose of sub-clause 4.3(1)(i) must not take into\n\naccount amounts outstanding for access or services\n\npreviously provided by the First Carrier to the Second\n\nCarrier where, in accordance with the terms and\n\nconditions governing the provision of such access\n\nor services, the Second Carrier is not required to pay\n\nsuch amounts (including a temporary suspension of the\n\nobligation to pay) to the First Carrier to the extent that\n\nthere is a bona fide dispute in relation to the amounts\n\noutstanding by the Second Carrier to the First Carrier.\n\n(d) If the First Carrier has reasonable concerns as set out\n\nin sub-clause 4.3(1)(i) and 4.3(1)(ii) it must, as soon\n\nas reasonably practicable, discuss and make reasonable\n\nendeavours to resolve those concerns with the Second\n\n(2) The parties must consider whether Financial Security\n\nRequirements are necessary to overcome the First Carrier’s\n\nconcerns to enable that Carrier to agree on the terms\n\nof access.\n\n  \n\n(3) The Financial Security Requirements (including the type and\n\nquantum) required by the First Carrier must be proportionate\n\nto the type and quantum of access to an Eligible Facility,\n\nhaving regard to:\n\n(i) the creditworthiness information provided by the\n\nSecond Carrier and legitimately acquired by the First\n\nCarrier\n\nin respect of the Second Carrier;\n\n(ii) the Forecast Information provided by the Second Carrier\n\nand, accordingly, the likely credit to be provided by the\n\nFirst Carrier to the Second Carrier;\n\n(iii) the Second Carrier’s previous record of payment,\n\nwhether with the First Carrier or not, in respect of the\n\nsupply of other goods or services and/or the supply\n\nof access to other similar Eligible Facilities;\n\n(iv) security previously required by the First Carrier from the\n\nSecond Carrier;\n\n(v) goods or services supplied by the First Carrier to the\n\nSecond Carrier; and\n\n(vi) any other information which is relevant to the credit\n\nreasonably likely to be provided by the First Carrier\n\nto the Second Carrier.\n\n(4) Pursuant to sub-clause 4.3(3), in the event that Carriers are\n\nunable to agree on Financial Security Requirements, Carriers\n\nmust engage in dispute resolution, as set out in Chapter 2\n\n(5) The type and quantities of the Financial Security\n\nRequirement may be varied from time to time in accordance\n\nwith any agreed procedure for varying Financial Security\n\nRequirements between the parties.\n\n4.4 Performing Make Ready Work\n\n(1) The Second Carrier may decide to perform the Make Ready\n\nWork (MRW) required for it to be provided with access to a First\n\nCarrier’s Eligible Facility, subject to that Second Carrier,\n\nor its representative, being suitably qualified to perform that\n\nMake Ready Work.\n\nNote: ‘Make Ready Work’ is defined in Chapter 6 of the main Code.\n\n  \n\nNote: Schedule A2 of this Code sets out the administrative and operational\n\nprocedures which are to apply if the Second Carrier is to carry out\n\nMake Ready Work for access to Towers and Tower Sites. Schedule\n\nB2 of this Code sets out the administrative and operational\n\nprocedures which are to apply if the Second Carrier is to carry out\n\nMake Ready Work for access to Underground Facilities.\n\n(2) In the event that the First Carrier does not consider that the\n\nSecond Carrier or its representative is qualified to perform\n\nthe MRW on or in its Eligible Facility, then both Carriers\n\nmust make reasonable endeavours and act in good faith\n\nto resolve issues of concern.\n\n(3) Pursuant to sub-clause 4.4(2), in the event that Carriers are\n\nunable to agree on whether a Second Carrier or its\n\nrepresentative is suitably qualified to perform Make Ready\n\nWork, Carriers must engage in dispute resolution, as set out\n\n(4) Carriers, or their representatives, must not do or omit\n\nto do anything in connection with carrying out Make Ready\n\nWork which might significantly interfere with;\n\n• the delivery of carriage services supplied by other\n\nCarriers; or\n\n• any Equipment of Third Parties located at, on or in an\n\nEligible Facility such that the performance level of the\n\nEquipment or Eligible Facility falls below accepted\n\nindustry standards.\n\n(5) The First Carrier is required to perform Make Ready Work\n\nonly if:\n\n• Carriers agree, or it has been independently determined\n\nthat, the Second Carrier or its representative is not\n\nqualified to perform the MRW on or in a particular\n\nEligible Facility; or\n\n• there are no qualified contractors who are able\n\nto perform the Make Ready Work within a reasonable\n\ntimeframe requested by the Second Carrier.\n\nNote: Schedule A1 of this Code sets out the administrative and operational\n\nprocedures which are to apply if the First Carrier\n\nis to carry out Make Ready Work for access to Towers and Tower\n\nSites. Schedule B1 of this Code sets out the administrative and\n\noperational procedures which are to apply if the First Carrier is to\n\ncarry out Make Ready Work for access to Underground Facilities.\n\n  \n\n(6) If the Make Ready Work involves moving or working on\n\nEquipment of the First Carrier, or a Third Party User, then the\n\nFirst Carrier may choose to carry out the Make Ready Work\n\nrelating to that Equipment.\n\n(7) If the First Carrier exercises its right pursuant to sub-clause\n\n4.4(6), then the Carriers must meet to discuss the extent\n\nto which each party will contribute to the Draft Construction\n\nand Work Plan and perform the Make Ready Work. If Make\n\nReady Work is to be performed by both the First Carrier and\n\nthe Second Carrier, then the Carriers must agree on\n\na procedure which is a combination of Schedules A1 and\n\nA2 for Towers and/or Tower Sites or Schedules B1 and B2 for\n\nUnderground Facilities.\n\nNote: The Draft Construction and Work Plan for Towers and/or Tower Sites\n\nis defined in sub-clause 1.1(2) of Schedule A2 of Annexure A and for\n\nUnderground Facilities in sub-clause 1.1(2) of Schedule B2 of\n\nAnnexure B.\n\n(8) Further to sub-clause 4.4(7), in the event that Carriers are\n\nunable to agree on a procedure, Carriers must engage in\n\n4.5 Co-location Consultation Process\n\n(1) Carriers may choose to initiate or participate in\n\na Co-location Consultation Process, as defined in this clause,\n\nin relation to the development of a new Eligible Facility\n\nor Facilities.\n\nNote: Clause 38 of Part 5 of Schedule 1 of the Act requires Carriers,\n\nin planning the provision of future carriage services,\n\nto co-operate to share sites and eligible underground facilities.\n\n(2) A Co-location Consultation Process involves a Carrier\n\n(Requesting Carrier) making reasonable attempts to inform\n\nall other Carriers (Non-requesting Carriers) that it has plans\n\nto establish a new Eligible Facility in a particular Postcode\n\narea and that it requests other Carriers to consider\n\nestablishing a Shared New Site or Shared New Underground\n\nFacility, including as a result of a request from a local\n\ncouncil or other relevant body.\n\n(3) As part of the Co-location Consultation Process, a Non-\n\nrequesting Carrier(s) must inform the Requesting Carrier\n\nwhether it wishes to establish a Shared New Site or Shared\n\nNew Underground Facility within thirty Business Days of the\n\n  \nRequesting Carrier’s request. If a Non-requesting Carrier\n\ndoes not respond during that period then that Carrier will\n\nbe deemed to have rejected that request.\n\n(4) If Carriers agree, pursuant to sub-clause 4.5(2), to establish\n\na Shared New Site or Shared New Underground Facility,\n\nupon identification of a site as a potential Shared New Site\n\nor location of a Shared New Underground Facility, the\n\nRequesting Carrier must submit to those other Carriers which\n\npropose to share that Shared New Site or Shared New\n\nUnderground Facility (the Proposed Sharers), a proposal for\n\nsharing the Site or Facility (a Sharing Proposal), containing\n\nparticulars of the Site or Facility including:\n\n• its location;\n\n• an estimate of the make ready costs;\n\n• the Requesting Carrier’s proposal as to development\n\nof the Site or Facility;\n\n• the time frame in which that development will occur;\n\nand\n\n• nomination as to which Carrier will be the Site or\n\nFacility owner and the party with power to grant rights\n\nof occupation thereon.\n\n(5) Within twenty Business Days of receipt of a Sharing\n\nProposal, each Proposed Sharer must notify the Requesting\n\nCarrier in writing that:\n\n(i) it accepts the Sharing Proposal; or\n\n(ii) it requires more information in relation to the Sharing\n\nProposal whereupon the Requesting Carrier must\n\nprovide the requested information within five Business\n\nDays of the date on which the request is made; or\n\n(iii) it rejects the Sharing Proposal.\n\n(6) If parties to a Sharing Proposal are unable to agree on any\n\naspect of the Sharing Proposal, including the terms and\n\nconditions of the Sharing Proposal, then the parties must,\n\nat the request of any party, seek to resolve the dispute in\n\naccordance with chapter 2 of the main Code.\n\n(7) If a request, under sub-clause 4.5(2), or a Sharing Proposal,\n\nunder 4.5(4), is rejected:\n\n  \n\n(a) if requested, the rejecting Carrier must produce\n\na written explanation of why it has rejected the request\n\nor Sharing Proposal;\n\n(b) following (a), the rejecting Carrier or the Requesting\n\nCarrier may request a meeting to discuss the reasons for\n\nthe rejection. If such a request is made, the Carriers\n\nmust meet within five Business Days and must use their\n\nreasonable endeavours to develop an amended Sharing\n\nProposal or a strategy for managing the sharing of the\n\nSite or Facility which addresses the reasonable concerns\n\nof the Proposed Sharer;\n\n(c) the Requesting Carrier or the Proposed Sharer may\n\nsubmit an amended Sharing Proposal in respect of the\n\nsame Eligible Facility at any time, and the proposal will\n\nbe considered as though it were a new Sharing Proposal\n\nsubmitted in accordance with paragraph 4.4(4).\n\n(8) The Carriers must co-operate in the provision of information\n\nto one another and the submission of relevant plans\n\nregarding proposed future uses of an Eligible Facility\n\neach is seeking, including specifications or plans for the\n\nEquipment that each of them intends to locate on or in the\n\nEligible Facility.\n\n(9) In recognising the commercial sensitivity and value of\n\ninformation which each Carrier may provide to the other\n\nin relation to the Sharing Proposal, each Carrier must\n\nprotect the confidentiality of information disclosed by the\n\nother Carrier pursuant to this clause and otherwise, as\n\ncontemplated by the confidentiality provisions of Chapter 2\n\n  \nChapter 5.\n\nImplementing facilities access\n\n5.1 Maintenance of Eligible Facility and\n\nEquipment\n\n(1) Subject to sub-clause 5.1(2), the First Carrier is responsible\n\nfor maintaining the Eligible Facility to which access has been\n\ngranted in a safe and operable condition.\n\n(2) The First Carrier is not required to undertake the structural\n\nrepair of an Eligible Facility in the event that that repair\n\nwould involve the reconstruction of the Eligible Facility.\n\n(3) Carriers are responsible for the maintenance of their\n\nrespective Equipment. This includes being responsible for\n\nthe safe operation of their Equipment and taking all\n\nreasonable and necessary steps to ensure that its Equipment\n\ndoes not:\n\n(i) endanger the safety or health of the officers, employees,\n\ncontractors, or agents or customers of another Carrier\n\nor Third Party User; nor\n\n(ii) damage, interfere with or cause any deterioration in\n\nthe operation of another Carrier’s Eligible Facility or\n\nEquipment or the Equipment of a Third Party User.\n\n(4) Once the location of a Second Carrier’s Equipment on or\n\nin an Eligible Facility has been determined, and any part\n\nof it installed, the First Carrier must not (except with the\n\nconsent of the Second Carrier, which must not be\n\nunreasonably withheld) require that it be relocated\n\nelsewhere on or in a Facility. A Second Carrier is not\n\nrequired to consent to the relocation of its Equipment unless\n\nthe First Carrier pays the reasonable cost of such relocation\n\nand the location to which the Equipment is relocated does\n\nnot result in a material reduction of amenity in its use.\n\n5.2 Emergency Work\n\n(1) Where, for the purposes of a First Carrier undertaking\n\nemergency work in relation to an Eligible Facility, the\n\nEquipment of another Carrier has to be turned off or\n\n  \npowered down or disabled (as the case may be), or the First\n\nCarrier requires assistance in relation to the other Carrier’s\n\nEquipment, the First Carrier must notify the other Carrier and\n\nthat Carrier will dispatch personnel on an emergency basis\n\nto the Eligible Facility, in accordance with the same\n\nprocedures and time frames as that Carrier would respond\n\nto in an emergency relating to its own Equipment in use on\n\nor in a similar Eligible Facility where it was the First Carrier.\n\n(2) If a Carrier becomes aware of a fault, defect or problem with\n\nanother Carrier’s Equipment on or in an Eligible Facility\n\nwhich causes, or there is a reasonable risk that it might\n\ncause, damage to that Eligible Facility and/or to that Carrier’s\n\nEquipment, the Carrier:\n\n(a) must notify the other Carrier as soon as practicable; and\n\n(b) where there is an immediate risk of personal injury or\n\nsignificant property damage (including to equipment of\n\nthe other Carrier or a Third Party User), may take interim\n\nmeasures reasonably necessary in relation to the other\n\nCarrier’s Equipment to prevent such injury or damage,\n\npending the attendance by the other Carrier’s personnel\n\nto perform the required corrective work.\n\n5.3 Replacement of Equipment\n\n(1) Subject to sub-clause 5.3(2), on giving ten Business Days’\n\nprior written notice to any other Carrier which is using an\n\nEligible Facility, a Carrier may replace Equipment currently\n\nlocated on or in an Eligible Facility with similar or new\n\ndesign Equipment provided:\n\n(a) the Carriers agree that the new Equipment will not\n\nresult in or cause:\n\n(i) significant difficulties of a technical or engineering\n\nnature, including adversely affecting the structural\n\nintegrity, stability and safety of the Eligible Facility;\n\nor\n\n(ii) significant interference with the delivery of carriage\n\nservices supplied by other Carriers; or\n\n(iii) significant interference with any Equipment of Third\n\nParty Users located on or in an Eligible Facility such\n\nthat the performance level of the Equipment falls\n\nbelow accepted industry standards; or\n\n  \n\n(iv) a significant threat to the health or safety of persons\n\nwho operate, or work on or in the Eligible Facility\n\nand\n\n(b) the replacement work takes place within an Access\n\nWindow or some other time agreed to by all Carriers;\n\nand\n\n(c) the replacement Equipment does not interfere with any\n\nother Equipment installed on or in the Eligible Facility;\n\nand\n\n(d) the Carrier complies with the requirements of a facilities\n\naccess agreement and Master Access Agreement.\n\n(2) Carriers, as part of a facilities access agreement, may\n\nestablish different procedures for the replacement of\n\nEquipment in certain circumstances, such as, in relation\n\nto an Underground Facility, where the Equipment of\n\na Second Carrier is housed in a separate sub-duct.\n\n(3) In relation to sub-clauses 5.3(1) and 5.3(2), a First Carrier\n\nmust not unreasonably withhold its agreement. If a First\n\nCarrier does not agree to the replacement of existing\n\nEquipment then the First Carrier must follow the procedures\n\nset out in Clause 2.3 of Annexure A and B, modified as\n\nappropriate.\n\n5.4 Interference with Equipment\n\n(1) A Carrier must not do anything, or knowingly permit any\n\nThird Party User to do anything, in relation to an Eligible\n\nFacility, which causes interference or materially obstructs,\n\ninterrupts or impedes the continuous use or operation of any\n\nEquipment of another Carrier or a Third Party User’s\n\nEquipment. This clause does not apply to the extent that\n\nan interruption in the use or operation of Equipment is\n\nnecessary for the installation or maintenance of Equipment\n\nor for a Carrier to respond to an emergency.\n\n(2) In the event of one Carrier (the Notifying Carrier) advising\n\nanother Carrier of any interference allegedly caused by a\n\nbreach by that Carrier of clause 5.4(1), subject to sub-clause\n\n5.4(4) and 5.4(5), that Carrier must expeditiously remedy\n\nsuch a breach.\n\n  \n\n(3) In addition to the obligations under sub-clause 5.4(2), if a\n\nNotifying Carrier advises another Carrier of any interference\n\nallegedly caused by a breach by that Carrier of sub-clause\n\n5.4(1) and the advice is given within one week of:\n\n(a) the Carrier installing new or additional Equipment; or\n\n(b) the Carrier commissioning new or additional\n\nthen that other Carrier must remedy that breach as soon\n\nas possible and, in any event, within 24 hours.\n\n(4) If, within 48 hours of receiving notification of the\n\ninterference, a Carrier is not able to reasonably demonstrate\n\nto a Notifying Carrier that interference is not being caused\n\nby that Carrier’s use of the Eligible Facility, the Carriers must\n\nmake reasonable endeavours to appoint an independent\n\nexpert to determine the cause of the interference and,\n\nif caused by either Carrier, how the interference is to\n\nbe eliminated.\n\n(5) If the determination of the independent expert is that\n\na Carrier is causing the interference and eliminating such\n\ninterference requires removing or relocating that Carrier’s\n\nEquipment, that Carrier must do so within 48 hours of the\n\nindependent expert notifying the Carrier of its determination.\n\nIn the case of a Tower and/or Tower Site, the First Carrier must,\n\nat the expense of the Second Carrier, accept a surrender\n\nor a variation of the Tower Sub-Lease and/or Tower Site\n\nSub-Lease if such surrender or variation is reasonably required\n\nas a result of the determination of the independent expert.\n\n5.5 Indemnity in respect of property damage\n\n(1) In relation to matters of, and relating to, liability between\n\nthe Carriers not governed by the terms of any agreement,\n\na Carrier which, through its acts or omissions (whether\n\nnegligent or otherwise), causes damage to the Eligible\n\nFacility or the Equipment of another Carrier in use on or\n\nin an Eligible Facility, then that Carrier must indemnify the\n\nother Carrier against such damage to its Eligible Facility or its\n\nEquipment and any reasonable costs or expenses associated\n\nwith such repair or replacement.\n\n  \n\n(2) Pursuant to sub-clause 5.5(1), in the event that Carriers are\n\nunable to agree on costs or expenses, Carriers must engage\n\nin dispute resolution, as set out in Chapter 2 of the main\n\nCode.\n\n5.6 Third Party User Equipment\n\n(1) The Second Carrier must acknowledge that the First Carrier\n\nmay agree to a Third Party User installing its Equipment on\n\nor in an Eligible Facility provided that the Third Party User’s\n\nEquipment does not interfere in a material way with any of\n\na Second Carrier’s Equipment. Where there is a significant\n\nrisk to the integrity of the Second Carrier’s network, the First\n\nCarrier must consult with a Second Carrier sharing the same\n\nEligible Facility to ensure that there is no interference with\n\na Second Carrier’s Equipment.\n\n(2) The First Carrier must require a Third Party User to agree\n\nto comply with terms consistent with clause 5.4 of the Code\n\nin relation to the Third Party User’s use of the Eligible Facility\n\nand, further, that agreement must include suitable\n\nindemnities by the Third Party User against damage to\n\npersons or property affording protection for liability and/or\n\nloss to all parties who share the Eligible Facility.\n\n(3) If the equipment of a Third Party User needs to be moved,\n\npowered down or turned off in order for the Second Carrier\n\nto install or maintain its Equipment, the Second Carrier is\n\nresponsible for liaising with that Third Party User.\n\n5.7 Suspension of Access\n\n(1) The First Carrier may give a Suspension Notice to the Second\n\nCarrier after becoming aware of a Suspension Event.\n\nA Suspension Notice must:\n\n(a) cite this paragraph;\n\n(b) specify the Suspension Event and the applicable Eligible\n\nFacility in respect of which the event has occurred;\n\n(c) require, if necessary, the Second Carrier to institute\n\nremedial action in respect of that event; and\n\n(d) specify action which may follow due to a failure to\n\ncomply with action required by sub-clause 5.7(1)(c).\n\nNote: A Suspension Event is defined in Chapter 6.\n\n  \n\n(2) If the Second Carrier fails to institute remedial action, as\n\nspecified in the Suspension Notice, within twenty Business\n\nDays of receiving the Suspension Notice (Remedy Period),\n\nthe First Carrier may, by notice given to the Second Carrier\n\nwithin twenty Business Days after the expiry of the Remedy\n\nPeriod:\n\n(a) refuse to provide the Second Carrier with access\n\nto Eligible Facilities of a kind similar to that which the\n\nSuspension Event relates to; and\n\n(b) suspend the provision of access to the particular Eligible\n\nFacility in respect of which the Suspension Event has\n\noccurred by requiring the Second Carrier to remove\n\nits Equipment from that Eligible Facility;\n\nuntil the remedial action specified in the Suspension Notice\n\nhas been taken.\n\n(3) The First Carrier must permit the Second Carrier access to\n\nits Eligible Facility to permit remedial action to be taken.\n\n(4) The First Carrier must provide the Second Carrier with\n\naccess to the Eligible Facility as soon as practicable after\n\nthere no longer exists a reason for suspension and must\n\ndo so at a reasonable cost to the Second Carrier.\n\n5.8 Termination of Access\n\n(1) The Second Carrier may terminate an agreement to access\n\nan Eligible Facility of the First Carrier by giving the First\n\nCarrier no less than sixty days prior written notice.\n\n(2) The First Carrier may terminate an agreement to access\n\nan Eligible Facility if it decides to:\n\n(a) decommission that Eligible Facility; or\n\n(b) enter into a sale or leaseback arrangement in respect\n\nof that Eligible Facility.\n\n(3) If:\n\n(a) the Second Carrier ceases to be a Carrier; or\n\n  \n\n(b) the Second Carrier breaches a material obligation under\n\nthis Code and/or the applicable terms and conditions of\n\naccess and that breach materially impairs or is likely to\n\nmaterially impair the ability of the First Carrier to deliver\n\naccess to other Second Carriers or provide services to its\n\ncustomers; and\n\n(i) the First Carrier has given a notice to that effect\n\nto the Second Carrier (a Breach Notice) within ten\n\nBusiness Days of becoming aware of the breach; and\n\n(ii) the Second Carrier fails to institute remedial action,\n\nwhich may be specified in the Breach Notice, within\n\ntwenty Business Days after receiving the Breach\n\nNotice (Remedy Period); then\n\nthe First Carrier may terminate the supply of access to\n\na particular Eligible Facility by notice given to the Second\n\nCarrier within twenty Business Days of becoming aware of\n\na cessation or expiry of the Remedy Period specified in the\n\nBreach Notice (as the case may be).\n\n(4) Either a First or Second Carrier (Notifying Party) may\n\nterminate an access agreement on five Business Days notice\n\nto the other Carrier (Other Party) if:\n\n(a) an order is made or an effective resolution is passed\n\nfor winding up or dissolution without winding up\n\n(otherwise than for the purposes of reconstruction or\n\namalgamation) of the Other Party and the order or\n\nresolution remains in effect for a continuous period\n\nof five Business Days; or\n\n(b) a receiver, receiver and manager, official manager,\n\nadministrator, provisional liquidator, liquidator, or like\n\nofficial is appointed over the whole or a substantial part\n\nof the undertaking and property of the Other Party or\n\nthe Other Party enters or proposes to enter into any\n\nscheme of arrangement or any compositions for the\n\nbenefit of its creditors; or\n\n(c) a holder of an encumbrance takes possession of the\n\nwhole or any substantial part of the undertaking and\n\nproperty of the Other Party or the Other Party enters\n\nor proposes to enter into any scheme of arrangement\n\nor composition for the benefit of its creditors; or\n\n  \n\n(d) the Other Party is unable or will be unable to pay its\n\ndebts as they fall due; or\n\n(e) a force majeure, substantially and adversely affecting\n\nthe ability of a Notifying or Other Party to perform its\n\nobligations to the Other or Notifying Party respectively,\n\ncontinues for a period of six months; or\n\n(f) as a result of s. 459F or any other section of the\n\nCorporations Law, the Second Carrier is taken to have\n\nfailed to comply with a statutory demand; or\n\n(g) at any time during the term any director of the Other Party does any of the following things under the Bankruptcy Act 1966 (Cth):\n\n    (i) becomes bankrupt;\n    (ii) signs an authority under section 188;\n    (iii) commits any of the acts of bankruptcy specified in section 40; or\n    (iv) presents a debt agreement or personal insolvency agreement; or\n\n(h) the Other Party defaults, and such default continues for\n\na period of ten Business Days after written notice has\n\nbeen given to it by the Notifying Party, in the payment\n\nof any money which is owing by the Other Party on any\n\naccount whatsoever to the Notifying Party; or\n\n(i) the Other Party breaches any of the terms of any of its\n\nloan, security or like agreements or any lease or\n\nagreement relating to equipment used in conjunction\n\nwith the business of that Other Party related to this\n\nCode, or that Other Party fails to make on the due date,\n\nany payment due in respect of any loan or debt taken\n\nout or owed by that Other Party which loan or debt is\n\nat that time guaranteed or otherwise secured by the\n\nNotifying Party or any of its related bodies corporate\n\nor Controlled Entities; or\n\n(j) a demand is made on the Notifying Party for payment\n\nof money under any instrument, guarantee or indemnity\n\ngiven by the Notifying Party to secure advances or other\n\nfinancial accommodation made to the Other Party; or\n\n(k) the Other Party ceases to carry on business for a period\n\nof more than ten consecutive Business Days without the\n\nprior written consent of the Notifying Party; or\n\n(l) anything analogous or having a substantially similar\n\neffect to any of the events specified above occurs in\n\nrelation to the Other Party or a related body corporate\n\nor controlled entity of that Other Party; or\n\n(m) the Other Party breaches a term or condition\n\nof a security provided under a security requirement; or\n\n(n) the Eligible Facility is damaged or destroyed or if there\n\nis an interruption to access to the Eligible Facility so as\n\nto render the Eligible Facility or any part of the Eligible\n\nFacility wholly or substantially unfit for the occupation\n\nor use or inaccessible by any means of access; or\n\n(o) any application for a required consent or a permit for\n\nthe installation and use of the Eligible Facility as part of\n\na telecommunication network and telecommunication\n\nservice is finally rejected or cancelled, lapses or is\n\notherwise terminated and no further or replacement\n\nconsent or permit can reasonably be obtained; or\n\n(p) the Eligible Facility is rendered unfit for the First and/or\n\nSecond Carrier’s use by reason of the emergence\n\nof significant electromagnetic interference; or\n\n(q) the First Carrier determines that the Eligible Facility has\n\nbecome unsafe or any reason other than a failure to\n\nmaintain in accordance with clause 5.1of this Code.\n\n(5) Upon the expiry of the term or earlier termination\n\nof an access agreement, the Second Carrier must:\n\n(a) remove its Equipment from the Eligible Facility within\n\nthirty Business Days;\n\n(b) reinstate the Eligible Facility to the same standard, style\n\nand condition as existed prior to the installation of its\n\nEquipment; and\n\n(c) do such other acts, matters and things as the parties may\n\nagree,\n\nand the First Carrier must allow the Second Carrier to enter\n\nthe land on which the Eligible Facility is located in order\n\nto do so.\n\n(6) If, after the termination or expiry of an access agreement the\n\nSecond Carrier has failed to comply with sub-clause 5.8(5),\n\nthe First Carrier may, upon giving reasonable notice, carry\n\nout any necessary disconnection works and repossess any\n\nequipment.\n\n(7) All reasonable costs of the disconnection described\n\nin sub-clause 5.8(6) must be paid by:\n\n(a) in the case of disconnection due to sub-clause 5.8(1)\n\nor 5.8(3) or 5.8(4)(f) — the Second Carrier; and\n\n(b) in the case of disconnection due to any of sub-clause\n\n5.8(4) (a), (b), (c), (d), (g). (h), (i), (j), (k), (l), (m), or (n)\n\n— the party described therein as the other party; and\n\n(c) in the case of disconnection due to paragraph 5.8(4)(e)\n\n— the party affected by the force majeure; and\n\n(d) in the case of disconnection due to the failure of the\n\nFirst Carrier to maintain the Eligible Facility in\n\naccordance with clause 5.1 of the main Code, the First\n\n(8) In the event that there is a dispute as to reasonable costs of\n\ndisconnection, pursuant to sub-clause 5.8(7), Carriers must\n\nmain Code.\n\n(9) Termination or expiry of an access agreement does not\n\noperate as a waiver of any breach by a Carrier of any of its\n\nprovisions and is without prejudice to any rights, liabilities\n\nor obligations of any Carrier which have accrued up to the\n\ndate of the termination or expiry, including a right of\n\nindemnity. Carriers must negotiate whether the termination\n\nof a Master Access Agreement should cause the termination\n\nof a site-specific facilities access agreement.\n\n(10)Without prejudice to the Carriers’ rights upon termination\n\nor expiry of an access agreement, the First Carrier must\n\nrefund to the Second Carrier a fair and equitable proportion\n\nof those sums paid under an access agreement by the\n\nSecond Carrier which are periodic in nature and have been\n\npaid for an Eligible Facility for a period extending beyond\n\nthe date on which an access agreement terminates or\n\nexpires, provided there are no invoices outstanding from the\n\nSecond Carrier to the First Carrier.\n\n(11)Pursuant to sub-clause 5.8(10), in the event of a dispute\n\nin relation to the calculation or quantum of a fair and\n\nequitable proportion of the sums paid under an access\n\nagreement, Carriers must engage in dispute resolution,\n\nas set out in Chapter 2 of the main Code.\n\n(12)The First Carrier must include, in any access agreement, an\n\nobligation imposed upon itself that, prior to the withdrawal\n\nby the First Carrier of an access agreement, because it is no\n\nlonger providing or is proposing to no longer own or operate\n\nan Eligible Facility, it will provide notice of withdrawal to all\n\nSecond Carriers to whom it is supplying access on that\n\nEligible Facility. The notice period must be no less than six\n\nmonths, provided always that the notice of the decision to\n\nwithdraw is provided on an equivalent basis to that on\n\nwhich the First Carrier provides notice of that decision to\n\nitself. During the notice period, the Second Carrier may\n\nidentify and request the supply of an existing substitute\n\nEligible Facility and the First Carrier must consider that\n\nrequest in good faith.\n\n5.9 Native Title\n\n(1) This Code recognises that Eligible Facilities may be subject\n\nto a claim under native title or heritage laws (a Claim).\n\n(2) In the event that a Claim is made in respect of an Eligible\n\nFacility to which access has been granted, then the First\n\nCarrier and the Second Carrier(s) must:\n\n(a) reasonably cooperate with each other to resolve the\n\nClaim;\n\n(b) contribute to the costs and expenses of resolving the\n\nClaim, including any payments or liabilities, in\n\nproportion to the space in or on the Eligible Facility\n\noccupied or used by each Carrier; and\n\n(c) negotiate, in good faith, any amendments or variations\n\n(including if required termination) to any licence\n\nagreement as may be necessary or desirable as a result\n\nof the Claim.\n\n  \nChapter 6.\n\nGlossary and interpretation\n\n6.1 Glossary\n\nThe following words have these meanings unless the contrary\n\nintention appears:\n\n    Act refers to the Telecommunications Act 1997 (Cth)\n\nACCC refers to the Australian Competition and Consumer\n\nCommission.\n\nACCC Pricing Principles see a document entitled Access Pricing\n\nPrinciples - Telecommunications issued by the ACCC on 22 July\n\n1997.\n\nAccess Window means that period during which a Carrier’s\n\nEquipment on or in an Eligible Facility is temporarily\n\ndecommissioned or not operating.\n\nACMA refers to the Australian Communications and Media Authority.\n\nAdjoining Site means the site adjoining or located close\n\nto a replacement Tower or Existing Tower which is to be obtained\n\nand used by the Second Carrier to locate its Equipment Shelter and\n\nassociated Equipment.\n\nAdvised Delivery Date means the date at which the Carrier\n\nundertaking Make Ready Work advises the other Carrier as to the\n\ndate on which access is provided in accordance with this Code.\n\nBreach Notice is defined in clause 5.8(3)(b) of the main Code.\n\nBusiness Day means a day that is not a Saturday, a Sunday\n\nor a public holiday in the State or Territory in which the Eligible\n\nFacility is located.\n\nCarriage Service has the same meaning as in s. 7 of the\n\nTelecommunications Act 1997 and includes a proposed Carriage\n\nService.\n\nCarriage Service Provider has the same meaning as in s. 87 of the\n\nCarrier has the same meaning as in s. 7 of the Telecommunications\n\nAct 1997.\n\nCarrier Licence means a licence granted under s. 56 of the\n\nClasses of Eligible Facilities refers to different categories of Eligible\n\nFacilities, such as PMTS Towers, Radcom Towers, Sites of PMTS\n\nTowers, Sites of Radcom Towers and Underground Facilities.\n\nCode refers to the ACCC’s ‘Code of Access to Telecommunications\n\nTransmission Towers, Sites of Towers and Underground Facilities’.\n\nConfidential Information includes all information, know-how,\n\nideas, concepts, technology, manufacturing processes, industrial,\n\nmarketing and commercial knowledge of a confidential nature\n\n(whether in tangible or intangible form) relating to or developed\n\nin connection with or in support of the business of a Carrier and which relates to Eligible Facilities or is obtained in connection with the supply or acquisition of Eligible Facilities, but does not include information which:\n\n(a) is or becomes part of the public domain (other than through any breach of the relevant agreement by the other Carrier or of an obligation of confidence to a third party); or\n\n(b) is rightfully received by the other Carrier from a third person (except where that party knew or should have reasonably known that the information was obtained in breach of an obligation of confidentiality or where the third person was under a duty of confidentiality to the relevant Carrier in respect of the relevant information).\n\nConfidentiality Agreement means the confidentiality agreement\n\nrequired by the Access Provider in its Information Package.\n\nCurrently Planned Requirements means genuine plans for the\n\nfuture use of an Eligible Facility by a First Carrier where those plans\n\ninclude commencing:\n\n• ordering and/or installing Equipment on or in an Eligible\n\nFacility; or\n\n• obtaining landlord or government approval, where such\n\napproval is necessary for use of an Eligible Facility\n\nwithin 36 or 12 months of the date of a Facilities Access\n\nApplication if the First Carrier has or has not participated in\n\na Co-location Consultation Process respectively. The ACCC may\n\nalso consider a First Carrier to have Currently Planned\n\nRequirements in other circumstances and may make such\n\na determination on a case-by-case basis.\n\n    Detailed field study means a field study as defined by Annexure A or Annexure B of this Code (as appropriate).\n\nDraft Construction and Work Plan is a plan prepared by the\n\nSecond Carrier for the undertaking of the Make Ready Work\n\nrequired to provide access on or in an Eligible Facility and includes\n\na construction timetable and its Work Plan.\n\nEligible Facility is a term intended to collectively\n\nrefer to telecommunications transmission towers, sites\n\nof telecommunications transmission towers and eligible\n\nunderground facilities specified in clauses 33, 34 and 35\n\nrespectively of Part 5 of Schedule 1 to the Telecommunications Act 1997.\n\nClause 31 of Part 5 provides that a ‘telecommunications transmission tower’ means a tower, a pole, a mast or a similar structure used to supply a carriage service by means of radiocommunications. That same clause provides that a ‘site’ means land, a building on land or a structure on land. An ‘eligible underground facility’ means an underground facility that is used, installed ready to be used, or intended to be used, to hold lines.\n\nEquipment includes :\n\n(a) antennae, microwave dishes or satellite dishes;\n\n(b) associated transmission Equipment, power plant (including\n\nstandby power), and air conditioning plant;\n\n(c) associated feeders, waveguides and waveguide pressuring\n\n(d) related cabling;\n\n(e) prefabricated modules, risers or other structures housing any\n\nof the above;\n\n(f) cable gantries;\n\n(g) lines, joints/splices and such other ancillary equipment as\n\nnecessary to the support use of a line which may be housed\n\nin pits or manholes where suitable space is available or as\n\nagreed between the parties; and\n\n(h) such other facilities as may be specified from time to time\n\nand agreed to by the parties pursuant to the\n\nEquipment Shelter means a building or other structure constructed\n\nor installed by a Carrier which is to contain Equipment.\n\nExisting Tower means a Tower (other than a Shared Tower) or part\n\nthereof owned, leased, licensed or used by the First Carrier in\n\nrespect of which the First Carrier has gained all necessary consents\n\nand approvals.\n\nExisting Tower Site means a Site (other than a Shared New Site)\n\nor part thereof owned, leased, licensed or used by the First Carrier\n\nin respect of which the First Carrier has gained all necessary\n\nconsents and approvals to locate a Tower on it.\n\n    Facilities Access Application means an application as defined by Annexure A or Annexure B of this Code (as relevant).\n\nFinancial Security Requirements mean instruments which a First\n\nCarrier may require of a Second Carrier so as to assure itself that\n\na Second Carrier is able to meet financial obligations incurred as\n\na result of access being provided to it. Examples of security may\n\ninclude but are not limited to:\n\n(i) fixed and floating charges;\n\n(ii) personal guarantees from directors;\n\n(iii) bank guarantees;\n\n(iv) letters of comfort;\n\n(v) mortgages; and\n\n(vi) a right of set off.\n\nFirst Carrier means a Carrier which owns or operates or controls\n\nEligible Facilities to which access may be sought.\n\n    Information package includes information established and maintained by a First Carrier in relation to the provisions of access to particular Eligible Facilities of classes of Eligible Facilities.\n\nLease means the lease, licence or other contractual right of use\n\nor occupation held by a First Carrier for a Tower.\n\nLessor means the owner of a Tower or the party with the power\n\nor right to grant a right of occupation to a Carrier for the operation\n\nof a Tower.\n\nMake Ready Work means the work that is reasonably necessary\n\nto make the Tower, Tower Site or Underground Facility ready for\n\naccess by the Second Carrier which may include (but is not\n\nlimited to):\n\n(a) structural analysis;\n\n(b) strengthening, modifying or augmenting an Existing Tower\n\nto the extent necessarily and proportionally required\n\nto condition the Tower to bear the wind and weight loading\n\ndirectly added by the Second Carrier’s Equipment;\n\n(c) constructing, installing or modifying head frames, cable\n\nrisers, cable trays and other Tower fittings required to house\n\nthe Equipment of the Carriers on the Tower;\n\n(d) where the Tower is an Existing Tower, removing an existing\n\nTower of the First Carrier and constructing a replacement\n\nTower for co-location on that replacement Tower of the First\n\nCarrier and the Second Carrier’s Equipment; or\n\n(e) where the Tower is a replacement Tower, constructing\n\na replacement Tower, including all design, approval and\n\nconstruction work;\n\n(f) proving ducts, installing subducts and manhole breakouts,\n\nclearing roots or silt and repair work;\n\n(g) rearranging the First Carrier’s existing Equipment;\n\n(h) the provision of temporary facilities to accommodate\n\nexisting Equipment;\n\n(i) making alterations to an underground duct;\n\n(j) installing or extending cable trays or iron work to house the\n\nSecond Carrier’s lines and/or underground Equipment; and\n\n(k) any other matters specified by the parties from time to time.\n\n    Master Access Agreement means an agreement as defined by Clause 4.2 of this Code, which covers general or standard terms and conditions by which the Second Carrier will obtain access to the Eligible Facilities of the First Carrier (or a class thereof).\n\nMeeting of Carrier representatives includes a meeting\n\nby telephone or video-conference.\n\n    NBN corporation has the same meaning as in section 5 of the National Broadband Network Companies Act 2011 (Cth).\n\nOutage means that period during which a Carrier’s Equipment at a\n\nShared Tower Site is temporarily decommissioned or not operating.\n\nPotential Second Carriers includes persons who have submitted\n\na current industry development plan to the relevant Minister as a part of\n\napplying for a Carrier licence.\n\nPMTS Tower means a Tower primarily designed for use to supply\n\na PMTS.\n\nPMTS means a public mobile telecommunications service as defined in section 32 of the Telecommunications Act 1997.\n\nRadcom Tower means any Tower which is not a PMTS Tower.\n\nRegulations includes regulations made under clause 36(4) of Part\n\n5 of Schedule 1 of the Telecommunications Act 1997.\n\nShared Existing Site means an Existing Site which a First and one\n\nor more Second Carriers have agreed to share. For the purposes of\n\nthis Code, an Existing Site becomes a Shared Existing Site from the\n\ndate upon which a Facilities Access Application is accepted in\n\naccordance with this Code or such other date as the Carriers which\n\nshare a Site may, in respect of that Site, mutually determine.\n\nShared New Site means a Site that is not an Existing Site of\n\na Carrier which has been identified as a potential Shared Site and,\n\nfor the purposes of this Code, a Site becomes a Shared New Site\n\nfrom the date upon which a Sharing Proposal is accepted in\n\naccordance with this Code or such other date as the Carriers which\n\nshare a Site may, in respect of that Site, mutually determine.\n\nShared New Underground Facility means a new Underground\n\nFacility which Carriers have agreed to collectively develop for the\n\npurpose of sharing its use and which becomes a Shared New\n\nUnderground Facility Site from the date upon which a Sharing\n\nProposal is accepted in accordance with this Code or such other\n\ndate as the Carriers which share an Underground Facility may,\n\nin respect of that Facility, mutually determine.\n\nShared Site includes a Shared New Site or a Shared Existing Site.\n\nSharing Proposal means a proposal as defined by sub-clause\n\n4.5(4) of this Code\n\nSite means land, a building on land or structure on land which is,\n\ncan be or is to be used to locate Equipment consistent with the\n\nSecond Carrier means a Carrier which has requested, or has been\n\ngranted, access to another Carrier’s Eligible Facilities.\n\nSub-Lease means a grant of part of the rights in respect of a Lease\n\nand includes a licence or other contractual right of use\n\nor occupation.\n\nSuspension Event means:\n\n(a) the continued supply of access to a particular Eligible\n\nFacility poses a threat to the safety of persons, Equipment\n\nor network security; or\n\n(b) the Second Carrier has failed to pay monies owing, other\n\nthan amounts in bona fide dispute under an executed\n\nagreement for access to Eligible Facilities; or\n\n(c) the Second Carrier’s use, either of its Eligible Facility or the\n\nFirst Carrier’s Eligible Facility is in contravention of any law;\n\nor\n\n(d) the Second Carrier breaches a material obligation under\n\nan access agreement; or\n\n(e) the Second Carrier has failed to provide creditworthiness\n\ninformation about its financial position when requested\n\nto do so by the First Carrier.\n\nTelstra has the same meaning as in the Telstra Corporation Act 1991.\n\nThird Party User means a user of an Eligible Facility other than\n\na First or Second Carrier.\n\nTower means a ‘telecommunications transmission tower’\n\nas defined in clause 31 of Part 5 of Schedule 1 of the\n\nTower Sub-Lease means a sub-lease or other right of occupation\n\ngranted to the Second Carrier by the First Carrier which permits\n\nthat Carrier to install its Equipment on the Tower as permitted\n\nby this Code.\n\nUnderground Facility means an underground facility that is used,\n\ninstalled ready to be used, or intended to be used to hold lines.\n\nWork Plan means a plan prepared by the Second Carrier detailing\n\nthe method and procedures that the Second Carrier will use\n\nin installing its Equipment on or in an Eligible Facility. A Work\n\nPlan would be included in a Second Carrier’s ‘Draft Construction\n\nand Work Plan’ where it proposes to undertake the Make Ready\n\nWork on or in an Eligible Facility.\n\n6.2 Interpretation\n\nIn the Code, unless the context otherwise requires:\n\n(a) headings are for convenience only and do not affect the\n\ninterpretation of the Code;\n\n(b) words importing the singular include the plural and vice\n\nversa;\n\n(c) words importing a gender include any gender;\n\n(d) an expression importing a natural person includes any\n\ncompany, partnership, trust, joint venture, association,\n\ncorporation or other body corporate, and any other\n\ngovernment agency;\n\n(e) a reference to any thing includes a part of that thing;\n\n(f) a reference to a chapter, condition, clause, schedule or part\n\nis a reference to a chapter, condition, clause, schedule or\n\npart of the Code;\n\n(g) a reference to any statute, regulation, proclamation, order\n\nin council, includes all statutes, regulations, proclamations,\n\norders in council, varying, consolidating, re-enacting,\n\nextending or replacing and a reference to a statute includes\n\nall regulations, proclamations, orders in council, by-laws\n\nand determinations issued under that statute;\n\n(h) a reference to a person includes that person’s executives,\n\nadministrators, successors, substitutes (including, without\n\nlimitation, persons taking by novation) and permitted\n\nassignees;\n\n(i) period of time which:\n\n(i) dates from a given day or the day of an act or event\n\nis to be calculated exclusive of that day; or\n\n(ii) commences on a given day or the day of an act or event\n\nis to be calculated inclusive of that day;\n\n(j) a reference to a Carriers’ Equipment includes Equipment that\n\nit owns, operates or controls; and\n\n(k) any event which is to occur on or by a stipulated day which\n\nis not a Business Day may occur on the next Business Day.\n\n  \nANNEXURE A.\n\nTELECOMMUNICATIONS\n\nTRANSMISSION TOWERS AND\n\nSITES OF TOWERS\n\nPart 1.— Preliminary Assessment of Access\n\n1.1 Exchange of information\n\n(1) Where the Second Carrier wishes to explore the sharing\n\nof an Existing Tower and/or Tower Site of the First Carrier,\n\nthe Carriers must exchange information within a reasonable\n\nperiod of time for the purpose of assisting the Second Carrier\n\nto make a preliminary assessment as to whether the Tower\n\nand/or Tower Site would be suitable for the Second Carrier\n\nto install Equipment for use in connection with the supply\n\nof a carriage service by means of radiocommunications.\n\nThis information may include details of any relevant\n\ncertificate relating to technical feasibility in respect of that\n\nTower and/or Tower Site issued by the ACCC under Part 5 of Schedule 1 to the Telecommunications Act 1997.\n\n(2) If requested by the Second Carrier, the exchange of\n\ninformation may include plans of the Tower and/or Tower\n\nSite of the First Carrier, a price schedule (if any) for the\n\nprovision of information, whether there are Currently\n\nPlanned Requirements and whether there are applications\n\nfrom other Carriers to share the Tower and/or Tower Site.\n\n(3) Information provided under this clause is subject to the\n\nconfidentiality provisions of clause 2.1 of the main Code\n\nand any obligations the First Carrier owes to a third party\n\nover whose property the Tower and/or Tower Site has to\n\nbe accessed.\n\n(4) A First Carrier does not have to comply with sub-clause\n\n1.1(1) if the provision of information would breach\n\nobligations the First Carrier owes to a third party over whose\n\nproperty the Tower and/or Tower Site has to be accessed.\n\n  \n\n1.2 Physical access\n\n(1) If the Second Carrier seeks to visit a Tower and/or Tower Site\n\nfor a purpose related to making a bona fide ‘Facilities Access\n\nApplication’ for access to that specific Tower and/or Tower\n\nSite, it must notify the First Carrier of its intention to conduct\n\na physical inspection of that Tower and/or Tower Site and\n\ncomplete a Physical Inspection Notification form provided\n\nby the First Carrier as part of its Information Package. One\n\nnotification may be used for multiple visits to the Tower\n\nand/or Tower Site over a period of one month.\n\nNote: see clause 2.1 of this Annexure for a definition of a Facilities\n\nAccess Application.\n\n(2) The Physical Inspection Notification must contain the\n\nfollowing information:\n\n(i) reasons for physical inspection; and\n\n(ii) details of the kind and location of the Tower and/or\n\nTower Site to which physical inspection is sought; and\n\n(iii) the date(s) and time(s) at which the Second Carrier\n\nwishes to visit the Tower and/or Tower Site; and\n\n(iv) other matters, as agreed between the parties.\n\n(3) Subject to sub-clause 1.2(4) and obligations imposed by the\n\nLessor of the relevant Tower and/or Tower Site or by a third\n\nparty over whose property the Tower and/or Tower Site has\n\nto be accessed, the Second Carrier’s personnel must be\n\npermitted physical access to the Tower and/or Tower Site:\n\n(i) in an orderly manner and on a non-discriminatory basis;\n\nand\n\n(ii) as soon as reasonably practicable and within three\n\nBusiness Days of giving notification of a physical\n\ninspection.\n\n(4) Where there is a significant risk to the health and safety\n\nof a Carrier’s employees, agents or contractors or to integrity\n\nof the First Carrier’s network or facility from unaccompanied\n\naccess by a Second Carrier’s employees, agents or\n\ncontractors (the representatives), the First Carrier may\n\nrequire, at the Second Carrier’s expense, that the Second\n\nCarrier’s representatives be accompanied by an employee\n\nof the First Carrier and, prior to granting a Second Carrier’s\n\n  \nrepresentatives access to the Tower and/or Tower Site, the\n\nSecond Carrier’s representatives undergo an induction course\n\nwhich is relevant to the physical inspection. An induction\n\ncourse may include accompanied visits to the Tower and/or\n\nTower Site. In determining whether there is a significant risk\n\nto the integrity of the network or facility from\n\nunaccompanied physical access, regard should be had to the\n\nimportance of the facility to the First Carrier’s network and\n\nthe qualifications of the Second Carrier’s representatives.\n\n(5) The Second Carrier’s representatives are not required to\n\nbe accompanied by an employee of the First Carrier nor\n\nundergo an induction course where there is no significant\n\nrisk to the integrity of the First Carrier’s network or facility\n\nfrom unaccompanied access. Nonetheless, the First Carrier\n\nmay choose to accompany the Second Carrier’s\n\nrepresentatives provided that the Second Carrier may gain\n\nphysical access in accordance with the notification times\n\ngoverned by sub-clause 1.2(3) and the First Carrier meets\n\nits own cost of attending.\n\n(6) In the event that there is disagreement over whether there\n\nexists a significant risk to the health and safety of a Carrier’s\n\nemployees, agents or contractors or to the integrity of the\n\nFirst Carrier’s network or facility then both Carriers must\n\nmain Code. In the period prior to the disagreement being\n\nresolved, the First Carrier may require accompanied\n\nphysical access.\n\n(7) When accessing the Tower and/or Tower Site, the Second\n\nCarrier’s representatives must comply with all reasonable\n\ndirections from the First Carrier, including directions relating\n\nto its engineering practices.\n\n(8) The Second Carrier must retain a log recording the date,\n\ntime and duration of visits by its personnel to the Tower\n\nand/or Tower Site for which the other Carrier is the First\n\nCarrier, and the First Carrier will be entitled to inspect this\n\nlog on reasonable notice.\n\n  \nPart 2.— Facilities Access Application\n\n2.1 Lodgement of Facilities Access Application\n\n(1) If the Second Carrier wishes to share an existing Tower\n\nand/or Tower Site of the First Carrier, it must submit to that\n\nFirst Carrier a Facilities Access Application for its review and\n\nacceptance.\n\n(2) Subject to the provision of appropriate confidentiality\n\nassurances by the First Carrier in respect of the\n\nnon-disclosure of information, and any existing Master\n\nAccess Agreement regarding security requirements,\n\na Facilities Access Application must include creditworthiness\n\ninformation that includes, but is not limited to:\n\n(a) a letter, signed by the company secretary or duly\n\nauthorised officer of the Second Carrier, stating that the\n\nSecond Carrier is not insolvent and not under any\n\nexternal administration (as defined in the Corporations\n\nLaw) or under similar form of administration under any\n\nlaws applicable to it in any jurisdiction;\n\n(b) the Second Carrier’s credit rating, if any has been\n\nassigned to it;\n\n(c) if requested, a copy of the Second Carrier’s most recent\n\npublished audited balance sheet and published audited\n\nprofit and loss statement together with any notes that\n\nform part of those accounts; and\n\n(d) other relevant financial data as agreed between the First\n\nCarrier and Second Carrier.\n\nNote: refer to clause 4.2 of the main Code for provisions relating to the\n\nnature and negotiation of a Master Access Agreement.\n\n(3) The Second Carrier must warrant the accuracy of any\n\ncreditworthiness information provided to the First Carrier.\n\n(4) Pursuant to sub-clause 2.1(3) of Annexure A, in the event\n\nwarrant specified in that sub-clause, Carriers must engage in\n\n(5) The Facilities Access Application may include information\n\nto be agreed from time to time between the parties, but it\n\nmust include at least the following information:\n\n  \n\n(i) specifications for Make Ready Work;\n\n(ii) time required for access to be delivered;\n\n(iii) a description of the Equipment which the Second\n\nCarrier wishes to install on the Tower or at the Site,\n\nincluding all technical and design specifications,\n\ndimensions, wind and load factors and\n\nradiocommunications characteristics, any relevant\n\nstructural analyses and electromagnetic energy tests\n\nand, where relevant, the make number of the\n\n(iv) a Work Plan which sets out the method and procedures\n\nEquipment on the Tower or at the Site;\n\n(v) alternative locations for the Equipment, in order\n\nof priority;\n\n(vi) the radio frequency and electromagnetic characteristics\n\nof the Equipment;\n\n(vii) any Equipment to be placed at the base of the Tower;\n\n(viii)characteristics of the Equipment and conditions\n\nor procedures applicable to the installation, operation\n\nor maintenance of that Equipment which do not\n\nconform with or require special consideration under the\n\nFirst Carrier’s engineering practices;\n\n(ix) any cabling and waveguides to run between the\n\nEquipment on the Tower and the Equipment on the\n\nground;\n\n(x) the general timeframe (measured from the date of any\n\nOrder made by the Second Carrier in accordance with\n\nclause 3 of Schedule A1) within which the Second\n\nCarrier wishes to be able to commence installation\n\nof the Equipment;\n\n(xi) the expected term of access required by the Second\n\nCarrier to the Tower and/or Tower Site; and\n\n(xii)any relevant changes or updates to previously supplied\n\n(6) A Facilities Access Application for access to a Tower must\n\ninclude the Second Carrier’s view as to whether, on the\n\ninformation available to it, the existing Tower can be used\n\n  \nor whether a replacement Tower must be constructed, and\n\nthe basic design of any replacement Tower in addition to the\n\ninformation specified in clause 2.1(4).\n\n(7) A Facilities Access Application for access to a Tower Site\n\nmust include the following information additional to the\n\ninformation specified in sub-clause 2.1(4):\n\n(i) details of the kind and location of the Tower Site\n\nto which access is sought;\n\n(ii) if the Second Carrier intends to use an existing Tower\n\non the Tower Site, the Second Carrier’s view as to\n\nwhether, on the information available to it, the existing\n\ntower can be modified and the basic design of the\n\nmodified tower; and\n\n(iii) if the Second Carrier intends to install a new Tower, the\n\nbasic design of the new Tower.\n\n(8) The First Carrier must provide technical information in\n\nrelation to the Tower or Tower Site, if requested, to enable\n\nthe Second Carrier to complete its Facilities Access\n\n(9) To the extent necessary to assist the First Carrier to assess\n\na Facilities Access Application, the Second Carrier must\n\ninclude technical information in its Facilities Access\n\nApplication, such as structural analyses and electromagnetic\n\nenergy tests, relevant to how it proposes to install its\n\nproposed Equipment under its Work Plan and, if the\n\nFacilities Access Application proposes that the Second\n\nCarrier undertake Make Ready Work, how it proposes\n\nto undertake that Make Ready Work.\n\n(10)Further to sub-clause 2.1(9) of Annexure A, the Second\n\nCarrier must warrant the accuracy of all technical\n\ninformation included in support of its Facilities Access\n\nApplication and provide details to the First Carrier of the\n\nqualifications of the persons responsible for providing that\n\n(11)Pursuant to sub-clause 2.1(10) of Annexure A, in the event\n\nwarrant specified in sub-clause 2.1(9) of Annexure A,\n\n  \n\n2.2 Assessment of Facilities Access Application\n\n(1) The First Carrier must notify the Second Carrier, within the\n\nperiod specified in sub-clause 2.2(2), whether:\n\n(i) it accepts the application; or\n\n(ii) it will reject the application.\n\n(2) If the Eligible Facility is a PMTS Tower or PMTS Tower Site,\n\nthe period specified is twenty Business Days or such other\n\ntime as is agreed. For Radcom Towers or Radcom Tower\n\nSites, the period specified is thirty Business Days or such\n\nother time as is agreed.\n\n2.3 Proposal to reject a Facilities Access\n\nApplication\n\n(1) If the First Carrier proposes to reject the access application\n\nof the Second Carrier on technical grounds, it must provide\n\nthe Second Carrier with a written explanation of its concerns\n\nand meet within ten Business Days of receiving the\n\napplication to discuss those concerns. Carriers must make\n\nreasonable endeavours to develop a strategy for managing\n\naccess to the Eligible Facility which addresses the reasonable\n\nconcerns of each Carrier. In the case of an application for\n\naccess to a Tower, such a strategy may include the\n\nconstruction of a replacement Tower. In the case of\n\nan application for access to a Tower Site, such a strategy\n\nmay include replacing the Tower situated on that Tower Site.\n\n(2) After the initial meeting referred to in sub-clause 2.3(1), the\n\nFirst Carrier must, if requested by the Second Carrier, within\n\nfive Business Days of the Second Carrier’s request, submit\n\na request to the ACCC for the issue of a certificate under\n\nclause 33(3) and/or clause 34(3) of Part 5 of Schedule 1\n\nof the Act for proposed rejections for access to Towers\n\nand/or Tower Sites respectively. If the Second Carrier does\n\nnot make such a request within thirty Business Days of the\n\ninitial meeting, the First Carrier may deem the Second\n\nCarrier’s application to have been withdrawn. At the same\n\ntime as the First Carrier submits a request to the ACCC, it shall\n\nnotify the Second Carrier of that request.\n\n(3) In the event that, following a request from the First Carrier\n\nand its assessment of that request, the ACCC does not issue\n\na certificate stating that access would not be technically\n\n  \n\nfeasible, then, for the purposes of this Code, the First Carrier\n\nwill be deemed to have accepted the Facilities Access\n\n(4) Where an application has been rejected by the First Carrier\n\nfor technical reasons, the Second Carrier is entitled to\n\nresubmit an amended application at any time, and the\n\nproposal must be reconsidered in accordance with clause\n\n2.2. If the amended application is re-submitted within one\n\nmonth of the previous application then the First Carrier must\n\nprovide the notification required within ten Business Days\n\nof receiving an amended application.\n\n(5) If the First Carrier proposes to reject the application of the\n\nSecond Carrier on grounds other than technical grounds,\n\nit must provide the Second Carrier with a written\n\nexplanation of its concerns and meet with the Second\n\nCarrier within ten Business Days of receiving the application\n\nto discuss those concerns. Carriers must make reasonable\n\nendeavours to develop a strategy for managing access to the\n\nEligible Facility which addresses the reasonable concerns\n\nof each Carrier.\n\n2.4 Acceptance of a Facilities Access Application\n\n(1) If the First Carrier accepts an application, it must continue,\n\nwhere relevant, to hold the Lease for the Tower and/or Tower\n\nSite and will be the sole lessee under the Lease and the\n\nSecond Carrier must not object to the continuation of any\n\nexisting Tower Sub-Lease and/or Tower Site Sub-Lease\n\nalready granted in respect of the Tower and/or Tower Site.\n\n(2) The First Carrier must grant to the Second Carrier a Tower\n\nSub-Lease and/or Tower Site Sub-Lease of an agreed part\n\nof the Tower and/or Tower Site to enable the Second Carrier\n\nto install, use and maintain its Equipment on the Tower\n\nand/or Tower Site.\n\n(3) Unless the Second Carrier agrees otherwise, the term of the\n\nTower Sub-lease and/or Tower Site Sub-Lease must be\n\nsubstantially coextensive with the remaining term of the\n\nLease of the existing Tower or the lease for the Adjoining\n\nSite, whichever is shorter.\n\n(4) Where the First Carrier owns the existing Tower and/or Tower\n\nSite, the First and Second Carriers must agree on the term\n\nof the Tower Lease and/or Tower Site Lease.\n\n  \n\n(5) The following requirements are specific to the acceptance\n\nof an application for access to Towers only:\n\n(i) The Second Carrier must, unless otherwise agreed,\n\nobtain rights of occupation of an Adjoining Site\n\non which it will locate its Equipment Shelter and\n\nits Equipment (other than the Equipment which is to\n\nbe located on the Tower and the cables connecting the\n\nAdjoining Site and the Tower).\n\n(ii) The Second Carrier must be responsible for obtaining its\n\nown rights to occupy the Adjoining Site.\n\n(iii) Any negotiations as to the Adjoining Site with the\n\nLessor will be conducted by the Second Carrier, in\n\nconsultation with the First Carrier and any other Second\n\nCarrier which holds a lease for the Tower, and, so far as\n\nis reasonable, having regard to the powers granted to\n\na Carrier under the Act, the Second Carrier must act\n\nin a manner which does not jeopardise the Lease for\n\nthe existing Tower or any lease held by another Second\n\nCarrier of that Tower.\n\n(6) In relation to an acceptance of an application for access to\n\nTower Sites only, the First Carrier must continue to own any\n\nExisting Tower on an Existing Tower Site which is to be a\n\nShared Site.\n\n(7) While it is intended that the Tower Sub-Lease and/or Tower\n\nSite Sub-Lease will be executed before any Make Ready\n\nWork commences, a Second Carrier will be deemed to be\n\nbound by the terms and obligations of the Tower Sub-Lease\n\nand/or Tower Site Sub-Lease in respect of any access by\n\nit whether or not, at the time of such access, a formal Tower\n\nSub-Lease and/or Tower Site Sub-Lease has been\n\nentered into.\n\n(8) If:\n\n(a) Make Ready Work commences prior to the execution\n\nof the Adjoining Site lease by the Second Carrier; and\n\n(b) the Existing Site does not become a Shared Existing Site\n\nbecause the Adjoining Site is not subsequently secured\n\nfor occupation by the Second Carrier and the Second\n\nCarrier does not find another Adjoining Site within\n\na reasonable time:\n\n  \nthe Tower Sub-Lease must be terminated and the Second Carrier\n\nmust reimburse the First Carrier for any reasonable costs\n\nor expenses (whether in respect of the Tower Sub-Lease\n\nor otherwise) which it has incurred prior to such termination.\n\n(9) Pursuant to sub-clause 2.4(8) of Annexure A, in the event\n\nthat Carriers are in dispute over the magnitude of reasonable\n\ncosts or expenses, then Carriers must engage in dispute\n\nresolution, as set out in Chapter 2 of the main Code.\n\n  \nPart 3.— Termination of Tower Access\n\n3.1 Standard term of access\n\nUnless otherwise agreed between the parties, a standard term\n\nof a particular Tower and/or Tower Site must be the lesser of:\n\n(a) fifteen years; or\n\n(b) the term of the First Carrier’s rights of tenure in respect\n\nof that Tower and/or Tower Site; or\n\n(c) in the case of Towers, the period equal to the remaining\n\neconomic life of the Tower.\n\n3.2 Termination by First Carrier\n\n(1) In regard to a PMTS Tower or PMTS Tower Site, if the First\n\nCarrier:\n\n• intends to decommission the Tower and/or Tower Site\n\nand terminate the provision of access to that Tower\n\nand/or Tower Site; and\n\n• the Second Carrier wishes to continue to use that Tower\n\nand/or Tower Site; then the First Carrier must\n\n(a) release the Second Carrier from the Tower Sub-Lease\n\nand/or Tower Site Sub-Lease and upon vacation of\n\nthe Tower and/or Tower Site by that First Carrier, any\n\nobligations under this Code in respect of that Tower\n\nand/or Tower Site; and\n\n(b) where there is more than one Second Carrier sharing\n\na Tower and/or Tower Site, permit the Second Carrier\n\nthat was the first Carrier to share the Tower and/or\n\nTower Site (and if shared initially by more than one\n\n  \nSecond Carrier, by agreement between the Second\n\nCarriers) to take an assignment of or novate the\n\nLease from the First Carrier;\n\n(c) indemnify the Second Carrier against any claims\n\nby the Lessor or any other person in respect of the\n\nFirst Carrier’s use of the Tower and/or Tower Site; and\n\n(d) make reasonable endeavours to incorporate clause\n\n3.2 of Annexure A into any negotiations with the\n\nLessor regarding the execution or the re-negotiation\n\nof the Lease.\n\n(2) In regard to a PMTS Tower owned or operated by a First\n\nCarrier, upon vacation of the Tower and/or Tower Site by the\n\nFirst Carrier, ownership of the Tower must be assigned to the\n\nSecond Carrier that takes an assignment of or novation of the\n\nLease, whereupon that Second Carrier will become the First\n\nCarrier. The Second Carrier which takes the assignment or\n\nnovation of the lease must indemnify the First Carrier against\n\nany claims, damages, expenses or liabilities in respect of the\n\nTower and/or Tower Site arising after the date of the\n\nassignment or novation.\n\n3.3 Termination by Second Carrier\n\nIf the Second Carrier decides to cease using a Tower and/or\n\nShared Tower Site and the First Carrier wishes to continue\n\nusing the Tower and/or Tower Site, the Second Carrier must\n\nindemnify the First Carrier against any claims by the Lessor\n\nor any other person in respect of the Second Carrier’s use of\n\nthe Tower and/or Tower Site, upon the termination of the\n\nTower Sub-Lease and/or the Tower Site Sub-Lease.\n\n  \n\nSCHEDULE A1. ACCESS PROCEDURE —\n\nFIRST CARRIER PERFORMS\n\n1\\. Conduct of a Detailed Field Study\n\n(1) Within twenty Business Days of the First Carrier accepting\n\nthe Second Carrier’s Facilities Access Application, the\n\nSecond Carrier may make a written request for a Detailed\n\nField Study to be completed by the First Carrier. That Study\n\nmust encompass a confirmation (or variation) of the results\n\nof a First Carrier’s preliminary assessment of access to the\n\nTower and/or Tower Site and the development of a Make\n\nReady Work proposal by the First Carrier.\n\n(2) The Second Carrier’s written request for a Detailed Field\n\nStudy must contain at least the following:\n\n(i) a formal request for a Detailed Field Study;\n\n(ii) a reference to a preceding preliminary assessment\n\n(iii) any relevant changes or updates to previously supplied\n\ninformation; and\n\n(iv) a proposed timeframe for meetings with the First Carrier,\n\nto be held during the period in which the First Carrier\n\nmust complete the Detailed Field Study in order to\n\ndiscuss and endeavour to agree on the matters listed\n\nat sub-clause 1(3) of Schedule A1.\n\n(3) Carriers must discuss the request for a Detailed Field Study\n\nand endeavour to agree on:\n\n(i) which parts of the Detailed Field Study, Make Ready\n\nWork and rigging work for installation of Equipment on\n\nthe First Carrier’s Tower or a Tower on the First Carrier’s\n\nSite are to be carried out by each of the Parties;\n\n(ii) which Party will undertake any necessary radio\n\nfrequency and/or radiation assessment;\n\n(iii) what information is to be exchanged in order for each\n\nParty to undertake tasks agreed in sub-clause 1(3)(i) and\n\n1(3)(ii) of Schedule A1;\n\n  \n\n(iv) timing targets for the exchange of information under\n\nsub-clause 1(3)(iii) of Schedule A1 and completion\n\nof the Detailed Field Study;\n\n(v) matters relating to the timing of any necessary\n\ntransmitter power reductions or switch-offs during Make\n\nReady Work and/or the installation of Equipment;\n\n(vi) the Work Plan setting out the method and procedures\n\nEquipment on the Tower and/or Tower Site;\n\n(vii) the time required to deliver access;\n\n(viii)charges for the undertaking of the Detailed Field Study;\n\nand\n\n(ix) any other outstanding issues in connection with the\n\n(4) If a Detailed Field Study request is made to the First\n\nCarrier then, within the period specified in sub-clause 1(5)\n\nof schedule A1, the First Carrier must advise the Second\n\nCarrier on:\n\n(a) confirmation of the results of any preliminary\n\nassessment of access or details and explanation of any\n\nvariation\n\nto the results of a preliminary assessment of access;\n\n(b) details of the Make Ready Work required (including\n\nwho will be responsible for undertaking each part) and\n\nthe time required to perform the Make Ready Work;\n\n(c) the cost of Make Ready Work;\n\n(d) the basis upon which access charges will be levied;\n\n(e) the time required to deliver access, after being Ordered\n\nby the Second Carrier in accordance with clause 3\n\nof Schedule A1;\n\n(f) the Site’s security classification for physical access\n\npurposes; and\n\n(g) other matters as agreed between the parties.\n\n(5) If the Eligible Facility is a PMTS Tower or PMTS Tower Site,\n\nthe time specified is as soon as is reasonably practicable\n\nand at least within twenty Business Days of the request for\n\na Detailed Field Study. For other Towers or Tower Sites, the\n\ntime specified is as soon as is reasonably practicable and\n\nat least within thirty Business Days of the request for\n\na Detailed Field Study.\n\n(6) If the First Carrier discovers a material error in a valid advice\n\nbefore the First Carrier has accepted an Order by the Second\n\nCarrier in accordance with clause 3 of Schedule A1, it must\n\nadvise the Second Carrier as soon as practicable and correct\n\nthe advice. Where the corrected advice curtails, reduces or\n\ndelays access to the Tower and/or Tower Site, the First Carrier\n\nmust consult with the Second Carrier on alternatives which\n\nwould satisfy the Second Carrier’s requirements, either on\n\nan interim or continuing basis.\n\n2\\. Time extension for the conduct of a Detailed\n\nField Study\n\n(1) If the First Carrier considers that it is unable to complete\n\na Detailed Field Study in regard to access to the Eligible\n\nFacility within the period specified in sub-clause 1(5) of\n\nSchedule A1, and requires further time to consider the\n\naccess application, the parties must make reasonable\n\nendeavours, acting in good faith, to discuss and agree on\n\na period for a time extension in which to complete that\n\nstudy.\n\n(2) If agreement on a time extension cannot be reached, then\n\nin Chapter 2 of the main Code\n\n(3) In the event that Carriers agree to the appointment\n\nof an independent expert to determine whether an extension\n\nshould be given, or the ACCC is required to arbitrate on the\n\nmatter, then that expert or the ACCC must consider the\n\nfollowing factors to the extent that those factors are relevant:\n\n• the complexity of the request for access;\n\n• the complexity or remoteness of the Eligible Facility\n\nto which access has been sought;\n\n• the number of requests, both internal and external,\n\nwhich the First Carrier has received;\n\n• whether Detailed Field Studies have been previously\n\nundertaken in relation to the Eligible Facility;\n\n  \n\n• weather conditions in the area where the Eligible\n\nFacility is located;\n\n• the time taken for the Second Carrier to provide\n\nadditional information; and\n\n• the time taken to evaluate any additional information\n\nprovided by the Second Carrier.\n\n(4) Any time extension granted by an independent expert or the\n\nACCC must take effect immediately after the expert or the\n\nACCC notifies the First and Second Carrier of its decision.\n\nIf the expert or ACCC refuses to grant an extension, then the\n\nFirst Carrier must complete the Detailed Field Study within\n\nthe period specified in sub-clause 1(5) of Schedule A1\n\nor some other period determined by the expert or ACCC.\n\n(5) The First Carrier must continue to carry out the Detailed\n\nField Study, pending the decision of an independent expert\n\nor the ACCC and, where appropriate, it must inform that\n\nexpert of the progress of performing the Detailed Field Study.\n\n3\\. Order for access by Second Carrier\n\n(1) If the Second Carrier wishes to make an Order for access\n\nto the Tower and/or Tower Site, it must do so within thirty\n\nBusiness Days of being advised of the results of the relevant\n\n(2) An Order must be consistent with the Equipment, plant,\n\nwork, costs and charge details specified in the Detailed Field\n\nStudy. If the First Carrier determines that an Order, in whole\n\nor any part thereof, is inconsistent with the relevant Detailed\n\nField Study, it must consult with the Second Carrier with\n\na view to overcoming any inconsistencies within five\n\nBusiness Days.\n\n(3) The Second Carrier’s Order must specify in writing:\n\n(a) the term of access requested;\n\n(b) any reasonable written instructions applicable to the\n\ninstallation of Equipment pursuant to Schedule 1 of the\n\nAct, which must be no more stringent than those\n\napplying to the First Carrier;\n\n(c) a description of the Equipment to be installed by the\n\nSecond Carrier and/or a description of the Tower Site;\n\nand\n\n  \n\n(d) the required delivery date and physical arrangements\n\nfor access to the Tower Site and/or Equipment to be\n\ninstalled by the Second Carrier referred to in sub-clause\n\n3(3)(c) of Schedule A1.\n\n(4) If it is necessary to obtain:\n\n(a) permits, approvals, or licences required from any\n\nor body; and/or\n\n(b) any consent of any owner, landlord, licensor\n\nor mortgagee (including any agreement, determination\n\nor consent required under any Aboriginal, heritage,\n\nor native title rules),\n\nin relation to the installation, repair, testing, operation,\n\nmaintenance, or removal of Equipment, then the Second\n\nCarrier must make reasonable endeavours to obtain the same,\n\nit should bear the cost of obtaining such permission,\n\napprovals, or licences and it must provide a copy of all\n\npermits, authorisations, consents and other approvals to the\n\nFirst Carrier. If the law or government regulations require that\n\nthe First Carrier obtain such permission, approvals or\n\ncannot be obtained, then the Second Carrier must not install\n\n4. Response to Order for access\n\n(1) Within ten Business Days of a receipt of an Order, the First\n\nCarrier must give written acknowledgment of the receipt\n\nof that Order and provide a Response.\n\n(2) A Response to an Order must specify, in writing:\n\n(i) details of Make Ready Work;\n\n(ii) the applicable access charge;\n\n(iii) the description of the Tower and/or Tower Site to which\n\naccess is sought and the Equipment to be installed\n\nby the Second Carrier;\n\n(iv) the date upon which access will be provided (the\n\nAdvised Delivery Date); and\n\n  \n\n(v) any reasonable instructions applicable to the Equipment\n\nto be installed by the Second Carrier, which must be\n\nno more stringent than those applying to the First\n\n(3) Subject to sub-clause 4(4) of Schedule A1, the First Carrier\n\nmust deliver access to a Tower and/or Tower Site in respect\n\nof which an application has been accepted on the Advised\n\nDelivery Date or as otherwise agreed.\n\n(4) The First Carrier is not obliged to deliver access on the\n\nAdvised Delivery Date if Make Ready Work cannot be\n\nreasonably completed, due to unforeseen circumstances\n\nor circumstances beyond the First Carrier’s control before\n\nthat date, and notice has been given to the Second Carrier,\n\nin which case access will be delivered on an agreed date,\n\nwhich must be as soon as reasonably practicable after the\n\nAdvised Delivery Date.\n\n(5) If access to a Tower has been granted and, notwithstanding\n\nthe completion of Make Ready Work, the Second Carrier\n\nis unable to install its Equipment, the Second Carrier must\n\nconsult the First Carrier’s Proper Officer with a view to\n\nresolving any issues which may be the responsibility of\n\nthe First Carrier under the Code. The First Carrier must\n\ncomplete any work for which it is responsible under the\n\nCode, as reasonably practicable, following such\n\nconsultation.\n\n5. Delivery of Access\n\n(1) A First Carrier must notify the Second Carrier when access\n\ncan be provided (Delivery of Access) by a facsimile advice,\n\nat the completion of Make Ready Work done by the First\n\n(2) Prior to the Delivery of Access, the First Carrier must\n\nperform all Make Ready Work which it has agreed to\n\nperform, and perform that work as soon as reasonably\n\npracticable.\n\n6\\. Variation of Make Ready Work\n\n(1) If, after the commencement of Make Ready Work, the\n\nFirst Carrier determines that the actual cost of carrying out\n\nthe Make Ready Work is likely to exceed, by more than\n\na certain proportion agreed between the parties, the costs\n\n  \nupon which the access charge specified in the First Carrier’s\n\nResponse was based, because of unforeseen circumstances\n\nor circumstances beyond its control:\n\n(i) the First Carrier must immediately suspend all Make\n\nReady Work and advise the Second Carrier accordingly;\n\nand\n\n(ii) as soon as practicable, the First Carrier must provide\n\na Work Variation Report to the Second Carrier setting\n\nout the nature and extent of additional Make Ready\n\nWork, revised Make Ready Work costs and any revised\n\nAdvised Delivery Date; and\n\n(iii) upon receipt of a Work Variation Report, the Second\n\nCarrier must either request the First Carrier to carry out\n\nthe Make Ready Work at the revised Make Ready Work\n\ncosts (and by the revised Advised Delivery Date) or\n\ninform the First Carrier that it does not wish to proceed\n\nwith the Make Ready Work. In regard to the latter, the\n\nSecond Carrier must pay Make Ready Work costs to the\n\nextent then incurred by the First Carrier. In the event\n\nthat there is a dispute over the extent of such costs,\n\n(2) The First Carrier must not incur any penalty or liability to the\n\nSecond Carrier by reason of any suspension of Make Ready\n\nWork pursuant to this clause and the Advised Delivery Date\n\nwill, to the extent required, be adjusted to take into account\n\nthe additions to, or variations in, Make Ready Work.\n\n7\\. Cancellation and variation of\n\naccepted Orders\n\nIf the Second Carrier cancels or varies its Order between the\n\ndate of acceptance and the Advised Delivery Date, the First\n\nCarrier must make reasonable endeavours to mitigate any loss\n\nby seeking to re-use Equipment or space provided for on the\n\nTower and/or Tower Site. The Second Carrier must pay the\n\namount of any loss suffered by the First Carrier, to the extent\n\nthat it has not been mitigated. In the event that there is a\n\ndispute over the extent of such a loss, Carriers must engage in\n\nIn this clause, loss means\n\n  \n\n(a) the costs which have been necessarily incurred by the\n\nFirst Carrier on the basis of the Order and which will\n\nnot be otherwise reimbursed following the cancellation\n\nof the Order; and\n\n(b) the costs of capital relating to the holding of Equipment\n\nor space on the Tower and/or Tower Site until use,\n\ndisposal or reuse, and any costs necessarily incurred\n\nin arranging for such use, disposal or reuse.\n\n8\\. Installation of Equipment by Second Carrier\n\n(1) The Second Carrier must install its Equipment in accordance\n\nwith the Work Plan included in its Facilities Access\n\nApplication and within three months of the completion\n\nof Make Ready Work.\n\n(2) In the event that there is a dispute over whether a Second\n\nCarrier has complied with sub-clause 8(2) of Schedule A1,\n\n9\\. Completion inspection\n\n(1) Unless Carriers otherwise agree, upon completion of installation work by the Second Carrier, there must be a joint on-site inspection by the First Carrier and Second Carrier to ensure that Make Ready Work and installation work have been satisfactorily completed and to agree whether facilities access and installed Equipment are in accordance with the details of the approved Facilities Access Application.\n\n(2) Unless Carriers otherwise agree, within 20 Business Days of completion of installation work by the Second Carrier, the Second Carrier must provide written notification to the First Carrier that the installation work is complete.\n\n  \n\nSCHEDULE A2. ACCESS PROCEDURE —\n\nSECOND CARRIER PERFORMS\n\nPart 1.— Access to Existing Tower\n\n1.1 Construction and Work Plan\n\n(1) Within fifteen Business Days of notifying the Second Carrier\n\nthat it agrees to share a Tower, the First Carrier must, subject\n\nto clause 2.1 of the main Code, provide the Second Carrier\n\nwith any information reasonably requested by the Second\n\nCarrier for the purposes of preparing the Draft Construction\n\nand Work Plan referred to in sub-clause 1.1(2) of Schedule\n\nA2, including provision of plans and surveys for any Tower,\n\nTower Site and/or Equipment located on it, provided that\n\nnothing in this clause obliges a First Carrier to provide\n\ninformation if the provision of that information would result\n\nin the First Carrier breaching obligations it owes to third\n\nparties.\n\n(2) After being provided with the information and material\n\nreferred to in sub-clause 1.1(1) of Schedule A2, the Second\n\nCarrier must, within 20 Business Days, submit to the First\n\nCarrier a Draft Construction and Work Plan comprising draft\n\nplans and a construction timetable for Make Ready Work\n\nand the Second Carrier’s Work Plan.\n\n(3) The Draft Construction and Work Plan must include\n\na structural and electro-magnetic radiation analysis and\n\nfollow the carrying out of physical inspections.\n\n(4) The Draft Construction and Work Plan is subject\n\nto acceptance by the First Carrier, which is not to\n\nbe unreasonably withheld.\n\n(5) The First Carrier must notify the Second Carrier, in writing,\n\nwithin:\n\n(a) fifteen Business Days in the case of a PMTS tower; or\n\n(b) twenty five Business Days in all other cases,\n\nof the receipt of the Draft Construction and Work Plan, if it\n\nrejects that Draft Construction and Work Plan or if it agrees to\n\nproceed on the basis of that Draft Construction and Work Plan\n\nto develop a Final Construction and Work Plan.\n\n  \n\n(6) As part of the formulation of a Final Construction and Work\n\nPlan, the parties must agree, subject to sub-clause 1.1(7) of\n\nSchedule A2, on assigned places on the Tower and/or Tower\n\nSite for each Carrier to locate its own Equipment and a\n\ntimetable for the installation of Equipment.\n\n(7) The First Carrier has the right to put its Equipment at the top\n\nof the Tower and anywhere not reserved in the Final\n\nConstruction and Work Plan to a Second Carrier.\n\n(8) Before deciding to reject the Draft Construction and Work\n\nPlan, the First Carrier must, within ten Business Days of\n\nreceipt of the Draft Construction and Work Plan, identify its\n\nconcerns so as to permit the Second Carrier to revise the\n\nDraft Construction and Work Plan and resubmit it in\n\naccordance with sub-clause 1.1(2) of Schedule A2.\n\n(9) The First Carrier must identify reasons for rejecting the Draft\n\nConstruction and Work Plan and may reject the Draft\n\nConstruction and Work Plan only if:\n\nas part of the Facilities Access Application; or\n\n• it is likely to cause substantial operational difficulties; or\n\nIn the event that agreement cannot be reached between the\n\nFirst and Second Carrier on the Draft Construction and Work\n\nPlan, the Carriers must engage in dispute resolution, as set out\n\n1.2 Permits and approvals\n\n(1) If it is necessary to obtain:\n\n(a) any permits, approvals or licences from any\n\nor both; and/or\n\n  \n\nor consent required under any Aboriginal, heritage\n\nor native title laws);\n\nin relation to any Make Ready Work or the Second Carrier’s\n\nWork Plan, the Second Carrier must make reasonable\n\nendeavours to obtain the same, and it must bear the cost of\n\nobtaining such permission, approvals, licences, consent,\n\nagreement or determination and it must provide a copy of all\n\npermits, authorisations, consents and other approvals to the\n\nFirst Carrier. If the law or government regulations require that\n\nthe First Carrier obtain such permission, approvals or\n\ncannot be obtained then the Second Carrier must not install\n\n(2) The Second Carrier must begin obtaining any permits,\n\napprovals, licences or consents referred to in sub-clause\n\n1.2(1) of Schedule A2 and commence ordering and installing\n\nits equipment as soon as reasonably practicable.\n\n(3) A Carrier must provide such cooperation which the other\n\nCarrier reasonably requires for obtaining any permission,\n\napprovals or licences necessary for occupation of the Tower\n\nas a Shared Tower and/or occupation of the Tower Site as\n\na Shared Tower Site.\n\n1.3 Conduct of Make Ready Work\n\n(1) The Second Carrier must bear all Make Ready Work costs\n\nand all reasonable legal and other costs incurred by the First\n\nCarrier and any existing Second Carrier using a Tower.\n\n(2) Subject to sub-clause 1.3(3) of Schedule A2, the Second\n\nof diagrams showing any modifications made to the Eligible\n\nFacility and the location of the Second Carrier’s installed\n\n(3) In carrying out the Make Ready Work, the Second Carrier\n\nis carried out, so far as is practicable, within the construction\n\n  \ntimetable included in the Final Construction and Work\n\nPlan and must notify the First Carrier of any delays which\n\nit anticipates, as soon as practicable after becoming aware\n\nthat such delays will occur.\n\n(4) If, after the commencement of Make Ready Work, the\n\nCarrier’s use of the Tower and/or Tower Site.\n\n(5) As soon as reasonably practicable after the completion\n\nof Make Ready Work, the Second Carrier must install its\n\nEquipment in accordance with the Final Construction and\n\nWork Plan that has been accepted by the First Carrier. Each\n\nCarrier will be responsible for the installation of its own\n\nEquipment on any existing Tower.\n\n(6) In the event that a First Carrier does not consider that\n\na Second Carrier has met its obligations under sub-clause\n\n1.3(1)-(5) of Schedule A2, then Carriers must engage in\n\n(7) Physical access to undertake Make Ready Work and install\n\nEquipment must be in accordance with the procedures\n\nset out in clause 1.2 of Annexure A. In addition, a First\n\nCarrier may choose to accompany the Second Carrier’s\n\nrepresentatives in undertaking Make Ready Work or the\n\ninstallation of the Second Carrier’s Equipment provided\n\nthat the Second Carrier may gain physical access in\n\naccordance with the notification times governed by clause\n\n1.2 of Annexure A and that the First Carrier meets its own\n\ncost of attending.\n\n1.4 Completion inspection\n\n(1) Unless otherwise agreed, upon completion of installation work by the Second Carrier, there must be a joint on-site inspection by the First Carrier and Second Carrier to ensure that Make Ready Work and installation work have been satisfactorily completed and to agree whether facilities access and installed Equipment are in accordance with the details of the approved Facilities Access Application. The scope of the completion inspection must be agreed between the Carriers.\n\n(2) Unless Carriers otherwise agree, within 20 Business Days of completion of installation work by the Second Carrier, the Second Carrier must provide written notification to the First Carrier that the installation work is complete.\n\n  \nPart 2.— Access to a New or Replacement\n\nPMTS Tower\n\n2.1 Property rights\n\nWhere the Second Carrier is to construct a replacement Tower:\n\n(a) the replacement Tower will be the property of the First\n\nCarrier; and\n\n(b) the Second Carrier’s Equipment will remain the property\n\nof the Second Carrier.\n\n2.2 Construction and Work Plan\n\n(1) Unless the parties otherwise agree, within ten Business Days\n\nof receiving advice that access involving the construction\n\nof a replacement PMTS Tower has been accepted, the\n\nSecond Carrier must submit to the First Carrier a list of\n\nrequirements (Requirements List) and other information\n\nrelating to the Equipment it proposes to install on the\n\nreplacement Tower, including the following:\n\n(a) all relevant technical and design specifications,\n\ndimensions, load factors and radio communications\n\ncharacteristics of the Second Carrier’s Equipment; and\n\n(b) a general time frame for the installation of the Second\n\nCarrier’s Equipment and the Second Carrier’s carriage\n\nservice target commencement date from use of the\n\nShared Site.\n\n(2) Unless the Carriers otherwise agree, the Second Carrier\n\nis responsible for designing and undertaking all Make Ready\n\nWork. The First Carrier must provide all cooperation that the\n\nSecond Carrier reasonably requires in undertaking the Make\n\nReady Work.\n\n(3) The Second Carrier must, as soon as reasonably practicable,\n\nsubmit to the First Carrier a Draft Construction and Work\n\nPlan comprising draft plans and a construction timetable for\n\nMake Ready Work and the Second Carrier’s Work Plan.\n\n(4) The Draft Construction and Work Plan must include a\n\nstructural and electro-magnetic radiation analysis and follow\n\nthe carrying out of physical inspections.\n\n  \n\n(5) The Second Carrier must design the replacement Tower\n\nto accommodate its Equipment and the First Carrier’s\n\nEquipment and must not unreasonably refuse to\n\naccommodate the First Carrier’s reasonable requirements\n\nas to its future Equipment.\n\n(6) The Draft Construction and Work Plan is subject\n\nto acceptance by the First Carrier, which is not to be\n\nunreasonably withheld, and the Second Carrier must give\n\nreasonable consideration to any amendments to that Plan\n\nthat the First Carrier may request.\n\n(7) Unless the First Carrier notifies the Second Carrier in writing\n\nwithin:\n\n(a) fifteen Business Days in the case of a PMTS tower; or\n\n(b) twenty five Business Days in all other cases,\n\nof the receipt of the Draft Construction and Work Plan that\n\nit does not wish to proceed on the basis of that plan, it will be\n\ndeemed to have accepted the Draft Construction and Work\n\nPlan and the Draft Construction and Work Plan will become\n\nthe Final Construction and Work Plan.\n\n(8) As part of the formulation of the Final Construction and\n\nWork Plan, the parties must agree, subject to sub-clause\n\n2.2(9) of Schedule A2, on assigned places on the Tower\n\nand/or Tower Site for each Carrier to locate its own\n\nEquipment and a timetable for the installation of Equipment.\n\n(9) The First Carrier has the right to put its Equipment at the top\n\nof the Tower and anywhere not reserved in the Final\n\nConstruction and Work Plan to a Second Carrier.\n\n(10)If the Draft Construction and Work Plan is rejected, the First\n\nCarrier must give its reasons for such rejection and the\n\nSecond Carrier may revise the Draft Construction and Work\n\nPlan and resubmit it in accordance with sub-clause 2.2(3).\n\n(11)The First Carrier may reject the Draft Construction and Work\n\nPlan only if:\n\nas part of the Facilities Access Application; or\n\n  \n\n• it is likely to cause operational difficulties; or\n\nIn the event that agreement cannot be reached between the\n\nFirst and Second Carrier on the Draft Construction and Work\n\nPlan, the Carriers must engage in dispute resolution, as set out\n\n2.3 Conduct of Make Ready Work\n\n(1) Unless otherwise agreed by the parties, the Second\n\nCarrier must bear the costs of designing and constructing\n\na replacement PMTS Tower, including Make Ready Work\n\nand the doing of all things required by this Code.\n\n(2) Subject to sub-clause 2.3(3) of Schedule A2, the Second\n\nof diagrams depicting the new or replacement Tower and the\n\nlocation of the Second Carrier’s installed Equipment.\n\n(3) If, after the commencement of Make Ready Work, the\n\nCarrier’s future use of the Tower and/or Tower Site.\n\n(4) In carrying out the Make Ready Work, the Second Carrier\n\nis carried out, so far as is practicable, within the construction\n\ntimetable notified pursuant to clause 2.2(5) of Schedule A2\n\nand must notify the First Carrier of any delays which it\n\nanticipates as soon as practicable after becoming aware\n\nthat such delays will occur. Upon completion of the\n\nreplacement Tower, which must occur when the replacement\n\nTower is reasonably capable of bearing the Equipment of the\n\nSecond Carrier and the First Carrier, the Second Carrier must\n\ngive notice of its completion to the First Carrier.\n\n  \n\n(5) Each Carrier will be responsible for the installation of its\n\nown Equipment on the replacement Tower once constructed.\n\n(6) Unless the parties otherwise agree, all the Equipment\n\ninstalled on an existing Tower must be transferred (at the\n\nSecond Carrier’s cost) to the replacement Tower in a manner\n\nthat:\n\n(a) to the extent reasonably practicable, avoids; or\n\n(b) if unavoidable, to the extent reasonably practicable,\n\nminimises;\n\nany Outage in transferring the Equipment to the replacement\n\nTower. To minimise the impact of any Outage, the Carriers\n\nmust schedule the transference of the Equipment at a time\n\nwhen, in the reasonably formed view of the First Carrier, that\n\nEquipment is carrying the least traffic but also at a time that\n\nis reasonably practical to do that work.\n\n(7) Once the location of the First Carrier’s Equipment upon the\n\nreplacement Tower has been determined, and any part of\n\nit is installed, the Second Carrier must not (except with the\n\nconsent of the First Carrier, which must not be unreasonably\n\nwithheld) require that it be relocated elsewhere upon the\n\nreplacement Tower. A First Carrier is not required to consent\n\nto the relocation of its Equipment unless the Second Carrier\n\npays the reasonable cost of such relocation and the location\n\nto which the Equipment is relocated does not result in\n\na material reduction of amenity in its use.\n\n(8) In the event that a First Carrier does not consider that\n\na Second Carrier has met its obligations under sub-clause\n\n2.3 of Schedule A2, then Carriers must engage in dispute\n\nresolution, as set out in Chapter 2 of the main Code.\n\n2.4 Completion inspection\n\n(1) Unless Carriers otherwise agree, upon completion of\n\ninstallation work by the Second Carrier, there must be a joint\n\non-site inspection between the First Carrier and Second\n\nCarrier to ensure that Make Ready Work and installation\n\nwork have been satisfactorily completed and that facilities\n\naccess and installed Equipment are in accordance with the\n\ndetails of the approved Facilities Access Application.\n\n(2) The scope of the completion inspection must be agreed\n\nbetween the Carriers.\n\n(3) Unless Carriers otherwise agree, within 20 Business Days of completion of installation work by the Second Carrier, the Second Carrier must provide written notification to the First Carrier that the installation work is complete.\n\nANNEXURE B.\n\nUNDERGROUND FACILITIES\n\nPart 1.— Preliminary Assessment of Access\n\n1.1 Exchange of information\n\n(1) Where the Second Carrier wishes to explore the sharing\n\nof an existing Underground Facility of the First Carrier, the\n\nCarriers must exchange information within a reasonable\n\nperiod of time to assist the Second Carrier to make\n\na preliminary assessment as to whether the Underground\n\nFacility would be suitable for the Second Carrier to install\n\nEquipment for use in connection with the supply of\n\na carriage service. This information may include details of\n\nany relevant certificate relating to technical feasibility in\n\nrespect of that Underground Facility issued by the ACCC\n\nunder Part 5 of Schedule 1 of the Telecommunications Act 1997.\n\n(2) If requested by the Second Carrier the exchange of\n\ninformation may include, subject to subclause 1.1(4) of\n\nAnnexure B, a plan or map of the Underground Facility of\n\nthe First Carrier, a price schedule (if any) for the provision\n\nof information, whether there are Currently Planned\n\nRequirements and whether there are applications from other\n\nCarriers to share the Underground Facility.\n\n(3) The Second Carrier’s request for information must relate\n\nto a particular location or specify particular locations\n\nbetween which the Second Carrier is seeking access.\n\n(4) Where an access request for the purpose of installing\n\na Second Carrier’s Equipment between two locations\n\ninvolves a large number of alternative Underground Facilities\n\nor routes, it may be impractical for the First Carrier to\n\nprovide plans or maps for all available routes. In this\n\nsituation, the Second Carrier may request that the First\n\nCarrier identify alternative suitable routes and that it\n\nundertake a subsequent preliminary study assessing\n\nalternative routes identified by the Second Carrier with\n\na view to identifying the most appropriate Underground\n\n  \nFacility or facilities. The identification of suitable alternative routes may include physical access to facilities, as set out in clause 1.2 of Annexure B.\n\n(5) The First Carrier may charge a cost based fee for information\n\nabout alternative routes or for a preliminary study.\n\n(6) If information about alternative routes is requested, it must\n\nbe provided within ten Business Days. If a preliminary study\n\nis requested, the results of a preliminary study must be\n\nprovided within:\n\n(i) fifteen Business Days in the case of routes equal to\n\nor less than 2 kilometres;\n\n(ii) twenty Business Days in the case of routes longer than\n\n2 kilometres and less than 10 kilometres; and\n\n(iii) twenty five Business Days in the case of routes longer\n\nthan 10 kilometres.\n\n(7) Information provided under this clause is subject to the\n\nconfidentiality provisions of clause 2.1 of the main Code.\n\n(8) A First Carrier does not have to comply with sub-clause\n\n1.1(1) of Annexure B if the provision of information would\n\nbreach obligations the First Carrier owes to a third party\n\nunder whose property the Underground Facility has to\n\nbe accessed.\n\n1.2 Physical access\n\n(1) If the Second Carrier seeks to visit an Underground Facility\n\nfor the purpose of making a bona fide Facilities Access\n\nApplication for access to that Underground Facility, it must\n\nnotify the First Carrier of its intention to conduct a physical\n\ninspection of that Underground Facility and complete a\n\nPhysical Inspection Notification form provided by the First\n\nCarrier as part of its Information Package. One notification\n\nmay be used for multiple visits to the Underground Facility\n\nover a period of one month.\n\n(2) The Physical Inspection Notification must contain the\n\nfollowing information:\n\n(i) reasons for physical inspection; and\n\n(ii) details of the kind and location of the Underground\n\nFacility to which physical inspection is sought; and\n\n  \n\n(iii) the date(s) and time(s) at which the Second Carrier\n\nwishes to visit the Underground Facility; and\n\n(iv) other matters as agreed between the parties.\n\n(3) Subject to sub-clause 1.2(4) of Annexure B and obligations\n\nimposed by the Lessor of the relevant Underground Facility\n\nor of a third party under whose property the Underground\n\nFacility has to be accessed, the Second Carrier’s personnel\n\nmust be permitted physical access to the Underground\n\nFacility:\n\n(i) in an orderly manner and on a non-discriminatory basis;\n\nand\n\n(ii) as soon as reasonably practicable and within three\n\nBusiness Days of giving notification of a physical\n\ninspection.\n\n(4) Where there is a significant risk to the health and safety\n\nof a Carrier’s employees, agents or contractors or to the\n\nintegrity of the First Carrier’s network or facility from an\n\nunaccompanied physical inspection by a Second Carrier’s\n\nemployees, agents or contractors (the ‘representatives’), the\n\nFirst Carrier may require, at the Second Carrier’s expense,\n\nthat the Second Carrier’s representatives be accompanied\n\nby an employee of the First Carrier and, prior to granting\n\na Second Carrier’s representatives access to the Underground\n\nFacility for a physical inspection, that the Second Carrier’s\n\nrepresentatives undergo an induction course which is\n\nrelevant to the physical inspection. An induction course\n\nmay include accompanied visits to the Underground Facility.\n\nIn determining whether there is a significant risk to the\n\nintegrity of the network or facility from unaccompanied\n\nphysical access, regard should be had to the importance\n\nof the facility to the First Carrier’s network and the\n\nqualifications of the Second Carrier’s representatives.\n\n(5) The Second Carrier’s representatives are not required to\n\nbe accompanied by an employee of the First Carrier nor\n\nto undergo an induction course where there is no significant\n\nrisk to the health and safety of a Carrier’s employees, agents\n\nor contractors or to the integrity of the First Carrier’s network\n\nor facility from unaccompanied access. Nonetheless, the\n\nFirst Carrier may choose to accompany the Second Carrier’s\n\nrepresentatives provided that the Second Carrier may gain\n\n  \n\nphysical access in accordance with the notification times\n\ngoverned by sub-clause 1.2(3) of Annexure B and the First\n\nCarrier meets its own cost of attending.\n\n(6) In the event that there is disagreement over whether there\n\nexists a significant risk to the health and safety of a Carrier’s\n\nemployees, agents or contractors or to the integrity of the\n\nFirst Carrier’s network or facility, then both Carriers must\n\nmain Code. In the period prior to the disagreement being\n\nresolved, the First Carrier may require accompanied\n\nphysical access.\n\n(7) When accessing the Underground Facility, the Second\n\nCarrier’s representatives must comply with all reasonable\n\ndirections from the First Carrier, including directions relating\n\nto its engineering practices.\n\n(8) The Second Carrier must retain a log recording the date,\n\ntime and duration of visits by its personnel to the\n\nUnderground Facility for which the other Carrier is the First\n\nCarrier, and the First Carrier will be entitled to inspect this\n\nlog on reasonable notice.\n\nPart 2.— Facilities Access Application\n\n2.1 Lodgement of Facilities Access Application\n\n(1) If the Second Carrier wishes to share an existing\n\nUnderground Facility of the First Carrier , it must submit\n\nto that First Carrier a Facilities Access Application for its\n\nreview and acceptance.\n\n(2) Subject to the provision of appropriate confidentiality\n\nassurances by the First Carrier in respect of the nondisclosure\n\nof information, and any existing Master Access\n\nAgreement regarding security requirements, a Facilities\n\nAccess Application must include creditworthiness\n\ninformation that includes, but is not limited to:\n\n(a) a letter, signed by the company secretary or duly\n\nauthorised officer of the Second Carrier, stating that the\n\nSecond Carrier is not insolvent and not under any\n\nexternal administration (as defined in the Corporations\n\nLaw) or under similar form of administration under any\n\nlaws applicable to it in any jurisdiction;\n\n  \n\n(b) the Second Carrier’s credit rating, if any has been\n\nassigned to it;\n\n(c) if requested, a copy of the Second Carrier’s most recent\n\npublished audited balance sheet and published audited\n\nprofit and loss statement together with any notes that\n\nform part of those accounts; and\n\n(d) other relevant financial data as agreed between the First\n\nCarrier and Second Carrier.\n\nNote: refer to clause 4.2 of the main Code for provisions relating to the\n\nnature and negotiation of a Master Access Agreement.\n\n(3) The Second Carrier must warrant the accuracy of any\n\ncreditworthiness information provided to the First Carrier.\n\n(4) Pursuant to sub-clause 2.1(2) of Annexure B, in the event\n\nthat Carriers are unable to agree on application of the\n\nwarrant specified in that sub-clause, Carriers must engage in\n\n(5) The Facilities Access Application may include information\n\nto be agreed from time to time between the parties, but it is\n\nintended that the Facilities Access Application relating to the\n\nUnderground Facility must include at least the following\n\ninformation:\n\n(i) specifications for Make Ready Work; and\n\n(ii) time required for access to be delivered; and\n\n(iii) a description of the Equipment to be installed by the\n\nSecond Carrier, including any characteristics of the\n\nEquipment requiring special consideration and any\n\nrelevant structural analyses; and\n\n(iv) a Work Plan which sets out the method and procedures\n\nEquipment in the Underground Facility; and\n\n(v) preferred route including any required intermediate\n\npoints and any alternate routes and alternative\n\nintermediate points; and\n\n(vi) characteristics of the Equipment and conditions or\n\nprocedures applicable to the installation, operation\n\nor maintenance of the Equipment which do not conform\n\nwith, or require special consideration under, the First\n\nCarrier’s engineering practices; and\n\n  \n\n(vii)the general timeframe (measured from the date of any\n\nOrder made by the Second Carrier in accordance with\n\nclause 3 of Schedule B1) within which the Second\n\nCarrier wishes to be able to commence installation\n\nof the Equipment; and\n\n(viii)the expected term of access required by the Second\n\nCarrier to the Underground Facility; and\n\n(ix) any relevant changes or updates to previously supplied\n\n(6) The First Carrier must provide technical information\n\nin relation to the Underground Facility, if requested, to\n\nenable the Second Carrier to complete its Facilities Access\n\n(7) To the extent necessary to assist the First Carrier to assess\n\na Facilities Access Application, the Second Carrier must\n\ninclude technical information in its Facilities Access\n\nApplication, such as structural analyses and electromagnetic\n\nenergy tests, on how it proposes to install its Equipment\n\nunder its Work Plan and, if the Facilities Access Application\n\nproposes that the Second Carrier undertake Make Ready\n\nWork, how it proposes to undertake that Make Ready Work.\n\n(8) Further to sub-clause 2.1(6) of Annexure B, the Second\n\nCarrier must warrant the accuracy of all technical\n\ninformation included in support of its Facilities Access\n\nApplication and provide details to the First Carrier of the\n\nqualifications of the persons responsible for providing that\n\n(9) Pursuant to sub-clause 2.1(7) of Annexure B, in the event\n\nwarrant specified in sub-clause 2.1(6) of Annexure B,\n\n2.2 Assessment of Facilities Access Application\n\nFor access to Underground Facilities which are less than 2 km,\n\nbetween 2 and 10 km and more than 10 km in length, the First\n\nCarrier must notify the Second Carrier within fifteen, twenty\n\nor twenty five Business Days respectively, or such other time\n\nas agreed, whether:\n\n  \n(i) it accepts the application; or\n\n(ii) it will reject the application.\n\n2.3 Proposal to reject an application\n\n(1) If the First Carrier proposes to reject the application of the\n\nSecond Carrier on technical grounds it must provide the\n\nSecond Carrier with a written explanation of its concerns\n\nand meet within ten Business Days of receiving the\n\napplication to discuss those concerns. Carriers must make\n\nreasonable endeavours to develop a strategy for managing\n\naccess to the Underground Facility which addresses the\n\nreasonable concerns of each Carrier. An alternative strategy\n\nmay include a reasonable alternative route, if one is\n\navailable, or could be made available.\n\n(2) After the initial meeting referred to in sub-clause 2.3(1)\n\nof Annexure B, the First Carrier must, if requested by the\n\nSecond Carrier, within five Business Days of the Second\n\nCarrier’s request, submit a request to the ACCC for the issue of a certificate under clause 35(3) of Schedule 1, Part 5 of\n\nthe Act. If the Second Carrier does not make such a request\n\nwithin 15 Business Days of the final meeting, the First\n\nCarrier may deem the Second Carrier’s application to have\n\nbeen withdrawn. At the same time as the First Carrier\n\nsubmits a request to the ACCC it shall notify the Second\n\nCarrier of that request.\n\n(3) In the event that, following a request from the First Carrier\n\nand its assessment of that request, the ACCC does not issue\n\na certificate stating that access would not be technically\n\nfeasible, then, for the purposes of this Code, the First Carrier\n\nwill be deemed to have accepted the Facilities Access\n\n(4) Where an application has been rejected by the First Carrier\n\nfor technical reasons, the Second Carrier is entitled to\n\nresubmit an amended application at any time, and the\n\nproposal must will be reconsidered in accordance with\n\nclause 2.2 of Annexure B. If the amended application is\n\nre-submitted within one month of the previous application\n\nthen the First Carrier must provide the notification required\n\nwithin ten Business Days of receiving an amended\n\napplication.\n\n  \n\n(5) If the First Carrier proposes to reject the application of the\n\nSecond Carrier on other than technical grounds, it must\n\nprovide the Second Carrier with a written explanation of its\n\nconcerns and meet with the Second Carrier within ten\n\nBusiness Days of receiving the application to discuss those\n\nconcerns. Carriers must make reasonable endeavours\n\nto develop a strategy for managing access to the Eligible\n\nFacility which addresses the reasonable concerns of each\n\nPart 3.— Termination of Access\n\n3.1 Standard term of access\n\nUnless otherwise agreed between the parties, a standard access\n\nterm for a particular Underground Facility should be the lesser of:\n\n(a) fifteen years; or\n\n(b) the term of the First Carrier’s rights of tenure in respect\n\nof that Underground Facility; or\n\n(c) the period equal to the remaining economic life of the\n\nUnderground Facility.\n\n3.2 Termination by First Carrier\n\nIn regard to an Underground Facility, if the First Carrier:\n\n• intends to decommission the Underground Facility and\n\nterminate the provision of access to that Underground\n\nFacility, and\n\n• the Second Carrier wishes to continue to use that\n\n(a) the Carriers must endeavour to agree on arrangements\n\nto permit the Second Carrier to continue to use the\n\n(b) the Second Carrier that was the first Carrier to share the\n\nUnderground Facility (and if shared initially by more than\n\none Second Carrier, by agreement between the Second\n\nCarriers) must take ownership of the Underground Facility\n\nfrom the First Carrier;\n\n  \n\n(c) the First Carrier must indemnify the Second Carrier against\n\nany claims in respect of the First Carrier’s use of the\n\n(d) upon vacation of the Underground Facility by the First\n\nCarrier, ownership of the Underground Facility must be\n\nassigned to the Second Carrier, whereupon that Second\n\nCarrier will be the First Carrier;\n\n(e) the Second Carrier which takes the ownership of the\n\nUnderground Facility must indemnify the First Carrier\n\nagainst any claims, damages, expenses or liabilities in\n\nrespect of the Underground Facility arising after the date\n\nof the assignment or novation.\n\n3.3 Termination by Second Carrier\n\nIf the Second Carrier decides to cease using an Underground\n\nFacility and the First Carrier wishes to continue using the\n\nUnderground Facility, the Second Carrier must indemnify the First\n\nCarrier against any claims in respect of the Second Carrier’s use\n\nof the Underground Facility.\n\n  \n\nSCHEDULE B1. ACCESS PROCEDURE —\n\nFIRST CARRIER PERFORMS\n\n1\\. Conduct of a Detailed Field Study\n\n(1) Within twenty Business Days of the First Carrier accepting\n\nthe Second Carrier’s Facilities Access Application, the\n\nSecond Carrier may make a written request for a Detailed\n\nField Study to be completed by the First Carrier. The\n\nDetailed Field Study must encompass a confirmation (or\n\nvariation) of the results of the First Carrier’s preliminary\n\nassessment of access to the Underground Facility and the\n\ndevelopment of a Make Ready Work proposal by the First\n\n(2) The Second Carrier’s written request for a Detailed Field\n\nStudy must contain at least the following:\n\n(i) a formal request for a Detailed Field Study;\n\n(ii) a reference to the preceding preliminary assessment\n\n(iii) any relevant changes or updates to previously supplied\n\ninformation; and\n\n(iv) a proposed timeframe for meetings with the First Carrier,\n\nto be held during the period in which the First Carrier\n\nmust complete the Detailed Field Study in order to\n\ndiscuss and endeavour to agree on the matters listed\n\nat sub-clause 1(3) of this Schedule.\n\n(3) The Parties must discuss the request for a Detailed Field\n\nStudy and endeavour to agree on:\n\n(i) which parts of the Detailed Field Study, Make Ready\n\nWork and work for installation of the Equipment in the\n\nFirst Carrier’s Underground Facility are to be carried out\n\nby each of the Parties;\n\n(ii) what information is to be exchanged in order for each\n\nParty to undertake tasks agreed in sub-clause 1(3)(i)\n\nof Schedule B1;\n\n(iii) timing targets for the exchange of information under\n\nsub-clause 1(3)(ii) of Schedule B1 and completion of the\n\nDetailed Field Study;\n\n  \n\n(iv) matters relating to the timing of any necessary\n\nswitch-offs during Make Ready Work and/or the\n\ninstallation of the Equipment;\n\n(v) the Work Plan setting out the method and procedures\n\nEquipment in the Underground Facility;\n\n(vi) time required to deliver access;\n\n(vii)charges for the undertaking of the Detailed Field Study;\n\nand\n\n(viii)any other outstanding issues in connection with the\n\n(4) If a Detailed Field Study request is made to the First Carrier\n\nthen, within the time period specified in clause 1(5)\n\nof Schedule B1, the First Carrier must advise the Second\n\nCarrier on:\n\n(i) confirmation of the results of the preliminary assessment\n\nof access or details and explanation of any variation to\n\nthe results of the preliminary assessment of access;\n\n(ii) details of Make Ready Work required (including who\n\nwill be responsible for undertaking each part) and the\n\ntime required to perform the Make Ready Work;\n\n(iii) cost of Make Ready Work;\n\n(iv) the basis upon which access charges will be levied;\n\n(v) time required to deliver access after an Order has been\n\nmade by the Second Carrier in accordance with clause\n\n3 of Schedule B1;\n\n(vi) the Underground Facility’s security classification for\n\nphysical access purposes; and\n\n(vii)other matters as agreed between the parties.\n\n(5) If the Eligible Facility is an Underground Facility which\n\nis equal to or less than 2 km in length, the time specified for\n\ncompletion of a Detailed Field Study is as soon as is\n\nreasonably practicable and at least within fifteen Business\n\nDays of the request for a Detailed Field Study. For\n\nUnderground Facilities which are more than 2 km but less\n\nthan 10 km in length, the time specified for completion of\n\na Detailed Field Study is as soon as is reasonably practicable\n\nand at least within twenty Business Days of the request for a Detailed Field Study. For Underground Facilities which\n\nare more than 10 km in length, the time specified for\n\ncompletion of a Detailed Field Study is as soon as\n\nis reasonably practicable and at least within twenty five\n\nBusiness Days of the request for a Detailed Field Study\n\n(6) If the First Carrier discovers a material error in a valid advice\n\nbefore the First Carrier has accepted an Order by the Second\n\nCarrier in accordance with clause 3, it must advise the\n\nSecond Carrier as soon as practicable and correct the\n\nadvice. Where the corrected advice curtails, reduces or\n\ndelays access to the Underground Facility, the First Carrier\n\nmust consult with the Second Carrier on alternatives which\n\nwould satisfy the Second Carrier’s requirements, either on\n\nan interim or continuing basis.\n\n2\\. Time Extension for the conduct\n\nof a Detailed Field Study\n\n(1) If the First Carrier considers that it is unable to complete\n\na Detailed Field Study in regard to access to an Eligible\n\nFacility within the period specified in sub-clause 1(5) of\n\nSchedule B1, and requires further time to consider the\n\naccess application, the parties must make reasonable\n\nendeavours, acting in good faith, to discuss and agree on\n\na period for a time extension in which to complete that\n\nstudy.\n\n(2) If agreement on a time extension cannot be reached then\n\nCarriers must engage in dispute resolution, as set out in\n\nChapter 2 of the main Code.\n\n(3) In the event that carriers agree to the appointment of an\n\nindependent expert to determine whether an extension\n\nshould be given , or the ACCC is required to arbitrate on the\n\nmatter, then that expert, or the ACCC, must consider the\n\nfollowing factors to the extent those factors are relevant:\n\n• the complexity of the request for access;\n\n• the complexity or remoteness of the Underground\n\nFacility to which access has been sought;\n\n• the number of requests, both internal and external,\n\nwhich the First Carrier has received;\n\n• whether Detailed Field Studies have been previously\n\nundertaken in relation to the Eligible Facility;\n\n  \n\n• weather conditions in the area where the Eligible\n\nFacility is located;\n\n• the time taken for the Second Carrier to provide\n\nadditional information; and\n\n• the time taken to evaluate any additional information\n\nprovided by the Second Carrier.\n\n(4) Any time extension granted by an independent expert or the\n\nACCC must take effect immediately after the expert or the\n\nACCC notifies the First and Second Carrier of its decision.\n\nIf the expert or ACCC refuses to grant an extension, then the\n\nFirst Carrier must complete the Detailed Field Study within\n\nthe period specified in sub-clause 1(5) of Schedule B1 or\n\nsome other period determined by the expert or the ACCC.\n\n(5) The First Carrier must continue to carry out the Detailed\n\nField Study pending the decision of an independent expert\n\nor the ACCC and, where appropriate, it must inform that\n\nexpert of the progress of performing the Detailed Field Study.\n\n3\\. Order for access by Second Carrier\n\n(1) If the Second Carrier wishes to make an Order for access\n\nto the Underground Facility, it must do so within thirty\n\nBusiness Days of being advised of the results of the relevant\n\n(2) An Order must be consistent with the Equipment, plant,\n\nwork, costs and charge details specified in the Detailed Field\n\nStudy. If the First Carrier determines that an Order in whole\n\nor any part thereof is inconsistent with the relevant Detailed\n\nField Study, it must consult with the Second Carrier with\n\na view to overcoming any inconsistencies within five\n\nBusiness Days.\n\n(3) The Second Carrier’s Order must specify in writing:\n\n(a) the term of access requested;\n\n(b) any reasonable written instructions applicable to the\n\ninstallation of Equipment pursuant to Schedule 1 of the\n\nAct, which must be no more stringent than those\n\napplying to the First Carrier;\n\n(c) a description of Equipment to be installed by the\n\nSecond Carrier and/or a description of the Underground\n\nFacility; and\n\n  \n\n(d) the required delivery date and physical arrangements\n\nfor the access to the Underground Facility and/or\n\nEquipment to be installed by the Second Carrier\n\nreferred to in sub-clause 3(3)(c) of Schedule B1.\n\n(4) If it is necessary to obtain:\n\n(a) permits, approvals, or licences required from any\n\nor body; and/or\n\nor consent required under any Aboriginal, heritage,\n\nor native title rules);\n\nin relation to the installation, repair, testing, operation,\n\nmaintenance, or removal of Equipment, the Second Carrier\n\nmust make reasonable endeavours to obtain the same.\n\nIt should bear the cost of obtaining, such permission,\n\napprovals and it must provide a copy of all permits,\n\nauthorisations, consents and other approvals to the First\n\nCarrier. If the law or government regulations require that the\n\nFirst Carrier obtain such permission, approvals or\n\ncannot be obtained then the Second Carrier must not install\n\n4\\. Response to Order for access\n\n(1) Within ten Business Days of a receipt of an Order the First\n\nCarrier must give written acknowledgment of the receipt\n\nof that Order and provide a Response.\n\n(2) A Response to an Order must specify, in writing:\n\n(i) details of Make Ready Work;\n\n(ii) the applicable access charge;\n\n(iii) the description of Underground Facility to which access\n\nis sought and the Equipment to be installed by the\n\nSecond Carrier;\n\n(iv) the Advised Delivery Date; and\n\n  \n\n(v) any reasonable instructions applicable to the Equipment\n\nto be installed by the Second Carrier, which must be no\n\nmore stringent than those applying to the First Carrier.\n\n(3) Subject to sub-clause 4(4) of Schedule B1, the First Carrier\n\nmust deliver access to the Underground Facility in respect\n\nof which an application has been accepted on the Advised\n\nDelivery Date or as otherwise agreed.\n\n(4) The First Carrier is not obliged to deliver access on the\n\nAdvised Delivery Date if Make Ready Work cannot be\n\nreasonably completed, due to unforseen circumstances\n\nor circumstances beyond the First Carrier’s control before\n\nthat date, and notice has been given to the Second Carrier,\n\nin which case access will be delivered on a agreed date,\n\nwhich must be as soon as reasonably practicable after the\n\nAdvised Delivery Date.\n\n(5) If access to the Underground Facility has been granted and\n\nnotwithstanding the Make Ready Work, the Second Carrier\n\nis unable to install its Equipment, it must consult the First\n\nCarrier’s Proper Officer with a view to resolving any issues\n\nwhich are the responsibility of the First Carrier under this\n\nCode. The First Carrier must complete any work for which\n\nit is responsible under this Code as soon as reasonably\n\npracticable following such consultation.\n\n5. Delivery of Access\n\n(1) A First Carrier must notify the Second Carrier of Delivery\n\nof Access by a facsimile advice, at the completion of Make\n\nReady Work done by the First Carrier.\n\n(2) Prior to the Delivery of Access, the First Carrier must\n\nperform all Make Ready Work which it has agreed\n\nto perform and perform that work as soon as reasonably\n\npracticable.\n\n6\\. Variation of Make Ready Work\n\n(1) If, after the commencement of specific Make Ready Work,\n\nthe First Carrier determines that the actual cost of carrying\n\nout the Make Ready Work is likely to exceed the Make\n\nReady Costs specified in the acceptance of the Order\n\nby more than a certain proportion as agreed between the\n\nparties because of unforeseen circumstances\n\nor circumstances beyond its control:\n\n  \n\n(i) the First Carrier must immediately suspend all work\n\non the Make Ready Work and advise the Second Carrier\n\naccordingly; and\n\n(ii) as soon as practicable, the First Carrier must provide\n\na Work Variation Report to the Second Carrier setting\n\nout the nature and extent of the additional Make Ready\n\nWork, the revised Make Ready Costs and any revised\n\nAdvised Delivery Date; and\n\n(iii) upon receipt of a Work Variation Report, the Second\n\nCarrier must either request the First Carrier to carry out\n\nthe Make Ready Work at the revised Make Ready Costs\n\n(and by the revised Delivery Date) or inform the First\n\nCarrier that it does not wish to proceed with the Make\n\nReady Work (in which case the Second Carrier will be\n\nliable to pay Make Ready Costs only to the extent then\n\nincurred by the First Carrier).\n\n(2) The First Carrier must not incur any penalty or liability to the\n\nSecond Carrier by reason of the suspension of Make Ready\n\nWork pursuant to this paragraph and the Advised Delivery\n\nDate will, to the extent required, be adjusted to take into\n\naccount the additions to or variations in Make Ready Work.\n\n7\\. Cancellation and variation\n\nof accepted Orders\n\nIf the Second Carrier cancels or varies its Order between the date\n\nof acceptance and the Advised Delivery Date, the First Carrier\n\nmust make reasonable endeavours to mitigate any loss by seeking\n\nto re-use the Equipment or Underground Facility. The Second\n\nCarrier must pay the amount of any loss suffered by the First\n\nCarrier, to the extent that it has not been mitigated.\n\nIn this paragraph, ‘loss’ means\n\n(a) the costs which have been necessarily incurred by the First\n\nCarrier on the basis of the Order and which will not be\n\notherwise reimbursed following the cancellation of the\n\nOrder;\n\n(b) the costs of capital relating to the holding of Equipment\n\nor Underground Facility until use, disposal or reuse, and any\n\ncosts necessarily incurred in arranging for such use, disposal\n\nor reuse.\n\n  \n\n8\\. Installation of Equipment by Second Carrier\n\nThe Second Carrier must install its Equipment in accordance with\n\nthe Work Plan included in its Facilities Access Application and\n\nwithin three months of the completion of Make Ready Work.\n\n9\\. Completion Inspection\n\n(1) Unless Carriers otherwise agree, upon completion of installation work by the Second Carrier, there must be a joint on-site inspection by the First Carrier and Second Carrier to ensure that Make Ready Work and installation work have been satisfactorily completed and to agree whether space accessed and installed Equipment are in accordance with the details of the approved Facilities Access Application. The scope of the completion inspection must be agreed to by the Carriers.\n\n(2) Unless Carriers otherwise agree, within 20 Business Days of completion of installation work by the Second Carrier, the Second Carrier must provide written notification to the First Carrier that the installation work is complete.\n\n  \n\nSCHEDULE B2. ACCESS PROCEDURE —\n\nSECOND CARRIER PERFORMS\n\nAccess to Existing Underground Facility\n\n1\\. Construction and Work Plan\n\n(1) Within fifteen Business Days of notifying the Second Carrier\n\nthat it agrees to share an Underground Facility, the First\n\nCarrier must, subject to clause 2.1 of the main Code,\n\nprovide the Second Carrier with any information reasonably\n\nrequested by it for the purpose of it preparing the Draft\n\nConstruction and Work Plan referred to in sub-clause 1.1(2)\n\nof Schedule B2, including provision of plans and surveys for\n\nthe Underground Facility and/or Equipment located in it,\n\nprovided that nothing in this clause obliges a First Carrier\n\nto provide information if the provision of that information\n\nwould result in the First Carrier breaching obligations it\n\nowes to third parties.\n\n(2) After being provided with the information and material\n\nreferred to in sub-clause 1(1) of Schedule B2, the Second\n\nCarrier must, within twenty Business Days, submit to the\n\nFirst Carrier a Draft Construction and Work Plan, comprising\n\ndraft plans and a construction timetable for Make Ready\n\nWork and the Second Carrier’s Work Plan, which must\n\ninclude information relating to the:\n\n• installation of all Equipment; and\n\n• the method and procedures that the Second Carrier\n\nwill use in installing its Equipment in the Underground\n\nFacility.\n\n(3) The Second Carrier is responsible for ensuring that:\n\n(i) the Draft Construction and Work Plan is prepared\n\nby a suitably qualified and experienced engineer;\n\n(ii) the Draft Construction and Work Plan includes\n\na structural analysis and that physical inspections have\n\nbeen carried out;\n\n  \n\n(iii) the Draft Construction and Work Plan is prepared\n\nin accordance with standard industry practices, or, if the\n\nFirst Carrier has higher standards which are reasonable,\n\nin accordance with the First Carrier’s practices; and\n\n(iv) all relevant checks, inquiries and analyses necessary\n\nfor the preparation of the Draft Construction and Work\n\nPlan are performed and that they are performed in\n\naccordance with standard industry practice or, if the\n\nFirst Carrier has higher standards which are reasonable,\n\nin accordance with the First Carrier’s practices.\n\n(4) The Draft Construction and Work Plan is subject\n\nto acceptance by the First Carrier, which is not to\n\nbe unreasonably withheld.\n\n(5) The First Carrier must notify the Second Carrier, in writing,\n\nwithin fifteen Business Days of the receipt of the Draft\n\nConstruction and Work Plan, if it proposes to reject the Draft\n\nConstruction and Work Plan, or if it agrees to proceed on\n\nthe basis of that Draft Construction and Work Plan\n\nto develop a Final Construction and Work Plan.\n\n(6) As part of the formulation of the Final Construction and\n\nWork Plan, the parties must agree on assigned places in\n\nthe Underground Facility for each Carrier to locate its own\n\nEquipment and a timetable for the installation of that\n\n(7) Before deciding to reject the Draft Construction and Work\n\nPlan, the First Carrier must, within ten Business Days of\n\nreceipt of the Draft Construction and Work Plan, identify\n\nits concerns so as to permit the Second Carrier to revise\n\nthe Draft Construction and Work Plan and resubmit it\n\nin accordance with sub-clause 1.1(2) of Schedule B2.\n\n(8) The First Carrier must identify reasons for rejecting the Draft\n\nConstruction and Work Plan and may only reject the Draft\n\nConstruction and Work Plan if:\n\nas part of the Facilities Access Application;\n\n  \n\n• it is likely to cause substantial operational difficulties; or\n\nIn the event that agreement cannot be reached between the First\n\nand Second Carrier on the Construction and Work Plan, the\n\nCarriers must engage in dispute resolution, as set out in Chapter\n\n2 of the main Code.\n\n2\\. Permits and approvals\n\n(1) If it is necessary to obtain:\n\n(a) any permits, approvals or licences from any\n\nor both; and/or\n\nor consent required under any Aboriginal, heritage or\n\nnative title laws),\n\nin relation to any Make Ready Work, the Second Carrier must\n\nmake reasonable endeavours to obtain the same, and it must\n\nbear the cost of obtaining such permission, approvals,\n\nlicences, consent, agreement or determination and it must\n\nprovide a copy of all permits, authorisations, consents and\n\nother approvals to the First Carrier. If the law or government\n\nregulations require that the First Carrier obtain such\n\npermission, approvals or authorisations, then it must make\n\nreasonable endeavours to do so but at the Second Carrier’s\n\nexpense. If any such permit, approval, licence, consent,\n\nagreement or determination cannot be obtained then the\n\nSecond Carrier must not install its Equipment.\n\n(2) The Second Carrier must commence obtaining any such\n\npermit, approval, licence or consent referred to in sub-clause\n\n2(1) of Schedule B2 and commence ordering and installing\n\nits Equipment as soon as reasonably practicable.\n\n(3) A Carrier must provide such co-operation which the other\n\nCarrier reasonably requires in obtaining any permission,\n\napprovals, licences necessary for occupation of the\n\nUnderground Facility as a Shared Underground Facility.\n\n  \n\n3\\. Conduct of Make Ready Work\n\n(1) The Second Carrier must bear all costs of preparing and\n\nestablishing Make Ready Work and all reasonable legal and\n\nother costs incurred by the First Carrier and any existing\n\nSecond Carrier or Third Party User using the Underground\n\nFacility.\n\n(2) Subject to sub-clause 3(3) of Schedule B2, the Second\n\nof diagrams showing any modifications made to the Eligible\n\nFacility and the location of the Second Carrier’s installed\n\n(3) If, after the commencement of Make Ready Work, the\n\nCarrier’s use of the Underground Facility. In the event that\n\nthe Carriers cannot agree on whether a variation to Make\n\nReady Work would have a material impact on the First\n\nCarrier’s use of the Underground Facility, then the Carriers\n\nmust engage in dispute resolution, as set out in Chapter 2\n\n(4) In carrying out the Make Ready Work, the Second Carrier\n\nis carried out so far as practicable within the construction\n\ntimetable included in the Final Construction and Work Plan\n\nand must notify the First Carrier of any delays which it\n\nanticipates as soon as practicable after becoming aware\n\nthat such delays will occur.\n\n(5) As soon as reasonably practicable after the completion\n\nof Make Ready Work, the Second Carrier must install its\n\nEquipment in accordance with the Final Construction and\n\nWork Plan that has been accepted by the First Carrier. Each\n\nCarrier will be responsible for the installation of its own\n\nEquipment in any existing Underground Facility.\n\n(6) Physical access to undertake Make Ready Work and install\n\nEquipment must be in accordance with the procedures\n\nset out in clause 1.2 of Annexure B. In addition, a First\n\nCarrier may choose to accompany the Second Carrier’s\n\n  \nrepresentatives in undertaking the Make Ready Work or\n\ninstalling its equipment provided that the Second Carrier\n\nmay gain physical access in accordance with the notification\n\ntimes set out in clause 1.2 of Annexure B and that the First\n\nCarrier meets its own cost of attending.\n\n4\\. Completion inspection\n\n(1) Unless Carriers otherwise agree, upon completion of installation work by the Second Carrier, there must be a joint on-site inspection by the First Carrier and Second Carrier to ensure that Make Ready Work and installation work have been satisfactorily completed and to agree whether space accessed is in accordance with an approved Facilities Access Application. The scope of the completion inspection must be agreed to by the Carriers.\n\n(2) Unless Carriers otherwise agree, within 20 Business Days of completion of installation work by the Second Carrier, the Second Carrier must provide written notification to the First Carrier that the installation work is complete.\n\n> Notes to A Code of Access to Telecommunications Transmission Towers, Sites of Towers and Underground Facilities\n\n> Note: Legislation history\n\n> Note: This table sets out details of the legislation history of A Code of Access to Telecommunications Transmission Towers, Sites of Towers and Underground Facilities.\n\n| Title                                                                                                                                       | Gazettal or FRLI registration | Commencementdate  | Application, saving and transitional provisions |\n| ------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------- | ----------------- | ----------------------------------------------- |\n| A Code of Access to Telecommunications Transmission Towers, Sites of Towers and Underground Facilities (F2005B01098)                        | 13 October 1999               | 13 October 1999   |                                                 |\n| A Code of Access to Telecommunications Transmission Towers, Sites of Towers and Underground Facilities Variation 2013 (F2013L01732)         | 23 September 2013             | 24 September 2013 |                                                 |\n| A Code of Access to Telecommunications Transmission Towers, Sites of Towers and Underground Facilities Amendment 2020 (No. 1) (F2020L00692) | 11 June 2020                  | 12 June 2020      |                                                 |\n\n| Act                                                          | Number and year | Assent      | Commencement                          | Application, saving and transitional provisions |\n| ------------------------------------------------------------ | --------------- | ----------- | ------------------------------------- | ----------------------------------------------- |\n| Telstra Corporation and Other Legislation Amendment Act 2021 | 140, 2021       | 13 Dec 2021 | Sch 2: 1 January 2023 (s 2(1) item 3) | —                                               |\n\n  \nAmendment history\n\n```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:417.95pt; margin-left:5.65pt; border-collapse:collapse\"><tbody><tr><td colspan=\"2\" style=\"width:407.15pt; border-top:1.5pt solid #000000; border-bottom:1pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableHeading\"><span style=\"font-weight:normal\">ad. = added or inserted</span><span style=\"font-weight:normal\"> </span><span style=\"font-weight:normal\">am. = amended</span><span style=\"font-weight:normal\"> </span><span style=\"font-weight:normal\">rep. = repealed</span><span style=\"font-weight:normal\"> </span><span style=\"font-weight:normal\">rs. = repealed and substituted</span><span style=\"font-weight:normal\"> </span><span style=\"font-weight:normal\">exp. = expired or ceased to have effect</span></p></td></tr><tr><td style=\"width:96.15pt; border-top:1pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableHeading\"><span>Provision affected</span></p></td><td style=\"width:300.2pt; border-top:1pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableHeading\"><span>How affected</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>Title</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span style=\"font-weight:bold\">Chapter 1</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span></span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 1.2.1</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2013L01732; No 140, 2021</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>Renumbered Note 1</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>Note 2 to cl 1.2.1</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>ad. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 1.2.3</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>rep. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span style=\"font-weight:bold\">Chapter 2</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span></span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 2.1</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 2.3</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2020L00692</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 2.4</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>Note to cl. 2.4</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>rep. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 2.6</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>ad. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span style=\"font-weight:bold\">Chapter 3</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span></span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 3.2</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2020L00692</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span style=\"font-weight:bold\">Chapter 4</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span></span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 4.4</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 4.5</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span style=\"font-weight:bold\">Chapter 5</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span></span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 5.6</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 5.8</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span style=\"font-weight:bold\">Chapter 6</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span></span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 6.1</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2013L01732;</span></p><p class=\"ENoteTableText\"><span>rs. No 140, 2021</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span style=\"font-weight:bold\">Annexure A</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span></span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>Heading to Part 1</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 1.1</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 2.3</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span style=\"font-weight:bold\">Schedule A1 to Annexure A</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span style=\"font-weight:bold\"></span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 4</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 9</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>rs. F2020L00692</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span style=\"font-weight:bold\">Schedule A2 to Annexure A</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span></span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 1.4</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>rs. F2020L00692</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 2.4</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2020L00692</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span style=\"font-weight:bold\">Annexure B</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span></span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>Heading to Part 1</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 1.1</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>scl. 2.3</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>am. F2013L01732</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span style=\"font-weight:bold\">Schedule B1 to Annexure B</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span></span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 9</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>rs. F2020L00692</span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span style=\"font-weight:bold\">Schedule B2 to Annexure B</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span></span></p></td></tr><tr><td style=\"width:96.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>cl. 4</span></p></td><td style=\"width:300.2pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"ENoteTableText\"><span>rs. F2020L00692</span></p></td></tr></tbody></table>\n```","sortOrder":9}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Code retains its original core scope — facilitating co‑location and access to towers, tower sites and underground facilities — but subsequent amendments and provisions have narrowed and operationalised that scope in specific ways. Notably: \n\n- Telstra/NBN carve-outs: Clause 1.2.1 exempts or limits the Code where it would prevent a designated Telstra successor company or Telstra from complying with certain statutory undertakings, and it prevents an NBN corporation becoming the operator/controller of an Eligible Facility in circumstances where a Telstra agreement already governs access. That narrows the Code’s practical reach for some large incumbent assets and reallocates regulatory reach in those specific circumstances.  \n\n- Procedural tightening and timetable changes: amendments (including the 2020 and 2021 updates reflected in the compilation) changed queuing time limits, acceptance/ removal rules for long‑dormant applications and removed or updated several schedule clauses (see Clause 2.3 and amendment history). Those changes alter operational scope by changing how long a First Carrier must hold an application in the queue and when applications are removed, which affects planning and reuse of sites.  \n\n- Increased procedural detail: later amendments substitute or refine many operational steps (detailed field study timing, make‑ready procedures, response windows and completion inspection rules). This does not expand the types of facilities covered, but it materially expands the Code’s operational footprint — more prescriptive steps, more documentary requirements and clearer allocation of costs and inspection regimes. \n\nOverall: the Code’s purpose remains the same, but the amendments and carve‑outs have both constrained its application in specific high‑value cases (notably Telstra/NBN situations) and increased procedural granularity, shifting the balance toward detailed administrative governance rather than broad, unconstrained access rules."},"complexity_factors":["Lengthy structure: 6 Chapters + 2 Annexures + 4 Schedules (A1, A2, B1, B2) with multiple Parts and subclauses.","Extensive definitions: a detailed Chapter 6 glossary defining many technical/legal terms (e.g. Eligible Facility, Make Ready Work, Financial Security Requirements, Suspension Event).","Multiple cross-references: frequent cross-referencing to Part 5 of Schedule 1 to the Telecommunications Act 1997 (clauses 31–37) and to ACCC/ACMA procedures.","Layered conditional flows: different procedural tracks depending on whether First or Second Carrier performs make-ready work (Schedules A1 vs A2; B1 vs B2).","Nested exceptions and carve-outs: Telstra/NBN carve-outs (Clause 1.2.1), queuing exceptions tied to amendment dates (Clause 2.3(7)-(8)).","Timeframe matrices: different time limits depending on facility type and route length (e.g. PMTS vs Radcom; underground <2km/2–10km/>10km) across multiple clauses.","Multi-stage dispute resolution: bilateral negotiation, mediation, independent expert arbitration, then ACCC arbitration (Clause 2.4) — with referrals available at multiple steps.","Financial and security complexity: proportionality tests for Financial Security Requirements, creditworthiness rules and dispute processes (Clause 4.3).","Technical & safety interfaces: rules on structural/RF testing, induction/accompaniment for physical inspection, emergency/maintenance procedures that involve third parties and native title (Annexures, Clause 5.9)."],"plain_english_summary":"**What this instrument is, mechanically (what it does)\n\n- This is an ACCC-made Code (the \"Facilities Access Code\") under the Telecommunications Act 1997 that sets detailed, binding procedures and minimum terms for access to certain telecommunications infrastructure called \"Eligible Facilities\" — namely transmission towers, sites of towers and eligible underground facilities (see Clause 1.2.1 and the definition of Eligible Facility in Chapter 6).  \n\n- The Code specifies: mandatory access conditions (confidentiality, non‑discrimination, queuing and dispute processes) (Chapter 2); how a carrier seeking access (a \"Second Carrier\") applies for access and what information the owner/operator (a \"First Carrier\") must publish in an Information Package (Chapter 3); how parties negotiate standard (\"Master\") and site‑specific access agreements and allocate costs and securities (Chapter 4); and how access is implemented, maintained, suspended or terminated, including make‑ready work and responsibility for interference and emergencies (Chapter 5).  \n\n- Annexure A gives the specific application, assessment, make‑ready and handover procedures for towers and tower sites; Annexure B does the same for underground facilities. Schedules A1/A2 and B1/B2 set out step‑by‑step procedures depending on who does the make‑ready work. (See Annexure A & B and Schedules.)\n\n**Who it affects\n\n- First Carriers: those who own, operate or control Eligible Facilities and who must provide access under Part 5 of Schedule 1 to the Telecommunications Act. They must maintain facilities, publish an Information Package, adopt a non‑discriminatory queuing policy, and follow the Code's procedures for assessing, performing or supervising make‑ready work (Chapters 2–5, Annexures).  \n\n- Second Carriers: carriers that request access to install equipment. They must follow the Facilities Access Application procedures, provide creditworthiness and technical information, may be required to pay make‑ready costs and provide security, and must accept inspection, safety and confidentiality conditions (Chapter 3, Annexures).  \n\n- Third Party Users, Lessors, and NBN-related parties: the Code regulates how third‑party equipment is treated, how leases/sub‑leases are handled, and contains a specific carve‑out about when an NBN corporation is treated as operator (see Clause 1.2.1 and clauses on Third Party Users, Annexure notes).  \n\n**Why it matters — the stated purpose and how it operates in practice\n\n- Stated purpose: the Code is intended to encourage co‑location (sharing of sites/facilities where reasonably practicable) and to promote competition by facilitating entry for new mobile and fixed operators (see Chapter 1 background).  \n\n- How the Code advances that purpose (mechanics):  \n  - It creates standard administrative steps and timelines to reduce uncertainty (Information Package within five Business Days, set timeframes for detailed field studies and responses — see Clause 3.1 and Schedule A1/B1 timeframes).  \n  - It sets out dispute resolution ladders (direct negotiation → mediation → independent expert arbitration → ACCC arbitration) so parties have a defined escalation path (Clause 2.4).  \n  - It requires non‑discriminatory treatment \"as far as practicable\" and a published queuing policy that includes the First Carrier's own applications (Clauses 2.2–2.3).  \n\n**Concrete allocation of costs, risks and decision rights (who pays, who decides, how behaviour changes)\n\n- Make‑ready costs: broadly, the Second Carrier will bear make‑ready and construction costs when it elects to perform that work (Clauses 4.4 and Schedules A2/B2). If the First Carrier performs make‑ready work, it will identify costs and the billing basis in the Detailed Field Study/Response (Schedules A1/B1).  \n\n- Financial security & credit: First Carriers may require Financial Security Requirements if they have reasonable concerns about a Second Carrier’s creditworthiness or prior compliance; the Code requires proportionality and sets out information the First Carrier must give (Clause 4.3).  \n\n- Operational control and safety: First Carriers retain safety and certain operational controls (they may require inductions, accompaniment for site visits where risks exist, and can suspend access on safety/ non‑payment/ legal breach grounds — Clauses 1.2 of Annexures, 5.7).  \n\n- Disputes & timing: timeframes are specified but can be extended by agreement; unresolved timeframe disputes go into the dispute ladder (Clause 2.6, Clause 2.4, Schedules).  \n\n**Trade‑offs, incentives and implementation risks (explicit, concrete testing of the Code's claims)\n\n- Incentives & costs to Second Carriers: the Code lowers procedural uncertainty (standard forms, time limits, dispute ladder) which helps planning, but it also places substantial upfront burdens on entrants: technical and credit information, make‑ready costs, permits/approvals and indemnities (Clauses 3.4, 4.3, Schedules A2/B2). That shifts upfront capital and compliance costs onto entrants.  \n\n- Incentives & costs to First Carriers: the Code constrains arbitrary refusals by requiring reasons, timelines and ACCC certificate processes for technical rejections (Annexure A/B cl.2.3/2.3). However, First Carriers retain discretion over technical acceptance, safety rules and whether they or the Second Carrier perform make‑ready work; these discretion points can create negotiation leverage for First Carriers (Clauses 4.4, Schedules A1/A2).  \n\n- Concentrated benefits vs diffuse costs: benefits (revenue from access charges, sub‑leases, or reduced capital duplication) are concentrated to First Carriers and accepted Second Carriers; costs from process complexity, delays and permit requirements can be diffuse (regulatory cost, project delays). The Code reallocates many build/approval costs to the party seeking access (see Schedules and Clause 4.4).  \n\n- Risk of delay and regulatory friction: the multi‑step processes (preliminary assessment → detailed field study → orders → make‑ready → completion inspection) plus dispute escalation to independent experts or the ACCC create realistic delay points (Schedules A1/B1 and Annexure procedures). Native title, heritage and third‑party consents are explicit blockers that can halt installation (Annexure provisions and Clause 5.9).  \n\n- Substitution effects & private ordering: where sharing is infeasible or too slow/expensive, a Second Carrier may choose to build its own facility (replacement tower or new underground route) — the Code contemplates replacement construction but still allocates many design/approval costs to the Second Carrier (Schedules A2/B2).  \n\n- Enforcement and discretion: the Code uses standards such as \"not unreasonably withheld\" and \"as far as practicable\" (e.g. Clauses 2.2, 4.2, Annexures). That introduces fact‑sensitive judgement calls that can be re‑litigated in dispute resolution, rather than bright‑line rules. Also, Clause 1.1.3 permits ACCC variations — so procedural and substantive rules may change over time.  \n\n**Notable limits and special rules\n\n- Telstra/NBN carve‑outs: the Code disapplies or limits itself where it would conflict with existing Telstra undertakings and contains a specific rule about when an NBN corporation is not the operator/controller of an Eligible Facility (Clause 1.2.1).  \n\n- Confidentiality: wide confidentiality protections are mandatory for commercially sensitive network/facility information and disclosure is tightly circumscribed (Clause 2.1).  \n\n**Bottom line in plain terms\n\n- The Code creates a detailed, procedural framework to make site‑sharing administratively predictable and to set who pays for and who does the technical work when one carrier shares another carrier's tower or underground route. It lowers some barriers (standard forms, timelines, dispute ladder) but preserves significant decision rights for facility owners and transfers much of the technical, permitting and security cost and compliance burden onto the party that seeks access. (Key provisions: Chapters 2–5, Annexures A & B, Clause 6 definitions.)"},"kimi_summary":{"_metrics":{"completionTokens":778},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The scope remains consistent with the original 1999 intent — facilitating infrastructure sharing between telecommunications carriers. The 2020 and 2021 amendments tightened queuing rules to prevent 'parking' of applications and updated NBN-related provisions, but did not expand the Code's fundamental purpose beyond towers, tower sites and underground facilities."},"complexity_factors":["Extensive cross-referencing between main Code, Annexure A (towers), Annexure B (underground), and multiple Schedules (A1, A2, B1, B2)","47+ defined terms in the Glossary (Chapter 6), many with nested definitions","Multiple parallel procedural tracks depending on: (a) facility type (tower vs underground), (b) who performs 'Make Ready Work', (c) whether it's existing or new infrastructure","Timeframes vary by facility type and length — e.g., 15/20/25 Business Days for underground facilities under 2km, 2-10km, and over 10km respectively","Conditional logic with exceptions — e.g., queuing rules have 24-month and 30-month variants with transitional provisions for pre-2020 applications","Bilateral agreements can displace Code provisions except Chapter 2 mandatory conditions, creating a layered hierarchy of obligations","Extensive dispute resolution escalation clauses (negotiation → mediation → independent expert → ACCC arbitration)","Native title, NBN corporation, and Telstra successor company carve-outs create additional jurisdictional complexity"],"plain_english_summary":"This is the **Facilities Access Code** — a rulebook made by the ACCC (Australia's competition regulator) that governs how phone and internet companies (called \"Carriers\") share physical infrastructure.\n\n**What it covers:**\n- **Telecommunications towers** (mobile phone towers, radio masts)\n- **Sites of towers** (the land or buildings where towers sit)\n- **Underground facilities** (tunnels, ducts and pipes that hold cables)\n\n**The basic idea:**\nWhen one Carrier owns infrastructure (the \"First Carrier\"), other Carriers (\"Second Carriers\") can request access to use it. This avoids everyone building duplicate towers and cables, which saves money and reduces visual clutter.\n\n**Key rules:**\n- **Non-discriminatory access:** The owner must treat other Carriers fairly, giving them equivalent access to what they give themselves\n- **Confidentiality:** Technical and commercial information must be kept secret\n- **Queuing:** Applications are processed in order, with time limits (generally 24 months) to stop companies \"squatting\" on space they don't use\n- **Make Ready Work:** Before access is granted, the facility may need modifications (strengthening towers, clearing ducts, etc.) — either the owner does this work or the requesting Carrier can do it if qualified\n- **Dispute resolution:** Disagreements go through negotiation, then mediation, then independent expert determination, and finally to the ACCC for arbitration\n\n**Who it affects:**\n- **Telecommunications companies** — must follow these procedures when seeking or granting access\n- **Consumers** — indirectly benefit through more competition and potentially lower prices\n- **Property owners** — may deal with multiple Carriers using the same site\n\n**Special features:**\n- **Master Access Agreements:** Carriers can negotiate overarching deals that set standard terms for multiple sites\n- **Co-location:** Carriers are encouraged to share new infrastructure from the planning stage\n- **Native title:** Special provisions recognise that some facilities may be subject to Indigenous land claims\n\nThe Code is legally binding and sits under the *Telecommunications Act 1997*."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/a-code-of-access-to-telecommunications-transmission-towers-sites-of-towers-and-underground-facilitie","history":"/api/acts/a-code-of-access-to-telecommunications-transmission-towers-sites-of-towers-and-underground-facilitie/history","analysis":"/api/acts/a-code-of-access-to-telecommunications-transmission-towers-sites-of-towers-and-underground-facilitie/analysis","conflicts":"/api/acts/a-code-of-access-to-telecommunications-transmission-towers-sites-of-towers-and-underground-facilitie/conflicts","importantCases":"/api/acts/a-code-of-access-to-telecommunications-transmission-towers-sites-of-towers-and-underground-facilitie/important-cases","documents":"/api/acts/a-code-of-access-to-telecommunications-transmission-towers-sites-of-towers-and-underground-facilitie/documents"}}