Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p8
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 22766–26085

paragraph (i) above, the First Carrier must
              seek 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.

            (4)     The queuing policy must apply to a First Carrier's :
             (i)  review of applications before being accepted or
                rejected; and
             (ii)  its fulfilment of accepted Facilities Access Applications.

           (5)  The First Carrier must, within five Business Days of receipt
           of a Facilities Access Application, notify the Second Carrier
           of its acceptance on a queue in relation to its review
           of applications.

           (6)  The queuing policy must provide that a Second Carrier
           may prescribe the order in which applications placed
           simultaneously by it with the First Carrier should be treated
           in a queue.

           (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).

           (8)  In circumstances where:
             (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
             (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;
           the Facilities Access Application must be removed from the queue.

            2.4  Dispute Resolution — the giving of access

           (1)  In the event that a dispute arises in negotiations over the
           terms and conditions of a Master Access Agreement or over
           access to a particular Eligible Facility (or Facilities), Carriers
           must engage in their own dispute resolution and, if necessary, mediation.
           (2)  In attempting to resolve disputes pursuant to sub-clause
           2.4(1), Carriers must have regard to:

             (a)  the criteria the ACCC must take into account if it
              is required to make a determination on terms and
              conditions under clause 36 of Part 5 of Schedule 1
              of the Telecommunications Act; and
           Note:  see Telecommunications (Arbitration) Regulations, Statutory Rules
           1997 No. 350, clause 8.
             (b)  any relevant principles or guidelines published by
              the ACCC that may be relevant to the arbitration of
              a dispute.
           Note:  see Access Pricing Principles — Telecommunications, ACCC,
           November 1998 and Attachment A of the Explanatory Statement.

           (3)  In the