Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p44
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 134735–138361

whole
            or any part thereof, is inconsistent with the relevant Detailed
            Field Study, it must consult with the Second Carrier with
            a view to overcoming any inconsistencies within five
            Business Days.

           (3)  The Second Carrier's Order must specify in writing:

              (a)  the term of access requested;

              (b)  any reasonable written instructions applicable to the
               installation of Equipment pursuant to Schedule 1 of the
               Act, which must be no more stringent than those
               applying to the First Carrier;

              (c)  a description of the Equipment to be installed by the
               Second Carrier and/or a description of the Tower Site;
               and

              (d)  the required delivery date and physical arrangements
               for access to the Tower Site and/or Equipment to be
               installed by the Second Carrier referred to in sub-clause
               3(3)(c) of Schedule A1.

           (4)  If it is necessary to obtain:

              (a)  permits, approvals, or licences required from any
               governmental, regulatory or public authority, agency
               or body; and/or

              (b)  any consent of any owner, landlord, licensor
               or mortgagee (including any agreement, determination
               or consent required under any Aboriginal, heritage,
               or native title rules),

              in relation to the installation, repair, testing, operation,
              maintenance, or removal of Equipment, then the Second
              Carrier must make reasonable endeavours to obtain the same,
              it should bear the cost of obtaining such permission,
              approvals, or licences and it must provide a copy of all
              permits, authorisations, consents and other approvals to the
              First Carrier. If the law or government regulations require that
              the First Carrier obtain such permission, approvals or
              authorisations, then it must make reasonable endeavours to
              do so but at the Second Carrier's expense. If any such permit,
              approval, licence, consent, agreement or determination
              cannot be obtained, then the Second Carrier must not install
              its Equipment.

           4. Response to Order for access

           (1)  Within ten Business Days of a receipt of an Order, the First
            Carrier must give written acknowledgment of the receipt
            of that Order and provide a Response.

           (2)  A Response to an Order must specify, in writing:

              (i)  details of Make Ready Work;

              (ii)  the applicable access charge;

              (iii) the description of the Tower and/or Tower Site to which
               access is sought and the Equipment to be installed
               by the Second Carrier;

              (iv) the date upon which access will be provided (the
               Advised Delivery Date); and

              (v)  any reasonable instructions applicable to the Equipment
               to be installed by the Second Carrier, which must be
               no more stringent than those applying to the First
               Carrier.

           (3)  Subject to sub-clause 4(4) of Schedule A1, the First Carrier
            must deliver access to a Tower and/or Tower Site in respect
            of which an application has been accepted on the Advised
            Delivery Date or as otherwise agreed.

           (4)  The First Carrier