Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p66
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 203658–207193

Carrier's Work Plan, which must
           include information relating to the:

              •  installation of all Equipment; and

              •  the method and procedures that the Second Carrier
               will use in installing its Equipment in the Underground
               Facility.

           (3)  The Second Carrier is responsible for ensuring that:

              (i) the Draft Construction and Work Plan is prepared
               by a suitably qualified and experienced engineer;

              (ii) the Draft Construction and Work Plan includes
               a structural analysis and that physical inspections have
               been carried out;

              (iii) the Draft Construction and Work Plan is prepared
              in accordance with standard industry practices, or, if the
              First Carrier has higher standards which are reasonable,
              in accordance with the First Carrier's practices; and

              (iv) all relevant checks, inquiries and analyses necessary
              for the preparation of the Draft Construction and Work
              Plan are performed and that they are performed in
              accordance with standard industry practice or, if the
              First Carrier has higher standards which are reasonable,
              in accordance with the First Carrier's practices.

           (4)  The Draft Construction and Work Plan is subject
            to acceptance by the First Carrier, which is not to
            be unreasonably withheld.

           (5)  The First Carrier must notify the Second Carrier, in writing,
            within fifteen Business Days of the receipt of the Draft
            Construction and Work Plan, if it proposes to reject the Draft
            Construction and Work Plan, or if it agrees to proceed on
            the basis of that Draft Construction and Work Plan
            to develop a Final Construction and Work Plan.

           (6)  As part of the formulation of the Final Construction and
            Work Plan, the parties must agree on assigned places in
            the Underground Facility for each Carrier to locate its own
            Equipment and a timetable for the installation of that
            Equipment.

           (7)  Before deciding to reject the Draft Construction and Work
            Plan, the First Carrier must, within ten Business Days of
            receipt of the Draft Construction and Work Plan, identify
            its concerns so as to permit the Second Carrier to revise
            the Draft Construction and Work Plan and resubmit it
            in accordance with sub-clause 1.1(2) of Schedule B2.

           (8)  The First Carrier must identify reasons for rejecting the Draft
            Construction and Work Plan and may only reject the Draft
            Construction and Work Plan if:

              •  it is inconsistent with the proposal or plans provided
               as part of the Facilities Access Application;

              •  the plan is not prepared in accordance with standard
               industry practices and/or standards, or, if the First
               Carrier has higher standards or practices which are
               reasonable, in accordance with the First Carrier's
               standards or practices; or

              •  it is likely to cause substantial operational difficulties; or

              •  it was not prepared by a suitably qualified and
               experienced engineer.

         In the event that agreement cannot