19DPublication of access terms and conditions—towers

#### 19D Publication of access terms and conditions—towers (1) If a telecommunications transmission tower is owned or operated by an NBN corporation, the NBN corporation must publish on its website: (a) the terms and conditions relating to price or a method of ascertaining price; and (b) other terms and conditions; on which the NBN corporation offers to: (c) give an eligible person access to the tower, in compliance with subsection 19A(1), for the purpose of enabling the eligible person to: (i) install particular equipment; or (ii) maintain, operate or remove particular equipment; and (d) supply to an eligible person goods that are incidental to the giving of that access. > Note: For eligible person, see section 19H. (2) If: (a) a telecommunications transmission tower is owned or operated by an NBN corporation; and (b) an eligible person requests the NBN corporation to: (i) give the eligible person access to the tower; or (ii) supply to the eligible person goods that are incidental to giving the eligible person access to the tower; and (c) as a result of the request, the NBN corporation has an obligation under subsection 19A(1) to give access to the tower or supply the goods, as the case requires; and (d) in accordance with subsection (1), the NBN corporation has published on its website: (i) the terms and conditions relating to price or a method of ascertaining price; and (ii) other terms and conditions; on which the NBN corporation offers to give access to the tower or supply the goods, as the case requires; and (e) the eligible person requests the NBN corporation to enter into an agreement that: (i) relates to the access to the tower or the supply of the goods, as the case requires; and (ii) sets out terms and conditions that are the same as the terms and conditions published as mentioned in paragraph (d); the NBN corporation must comply with the request mentioned in paragraph (e). (3) If: (a) a telecommunications transmission tower is owned or operated by an NBN corporation; and (b) an eligible person requests the NBN corporation to: (i) give the eligible person access to the tower; or (ii) supply to the eligible person goods that are incidental to giving the eligible person access to the tower; and (c) as a result of the request, the NBN corporation has an obligation under subsection 19A(1) to give access to the tower or supply the goods, as the case requires; and (d) the access to the tower, or the supply of the goods, is not covered by an agreement between the NBN corporation and the eligible person; the terms and conditions on which the access is given, or the goods are supplied, as the case may be, are the terms and conditions that were published on the NBN corporation’s website, in accordance with subsection (1), at the time when the request was made.