Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p19
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 58098–61490

Equipment or the Equipment of a Third Party User.

           (4)  Once the location of a Second Carrier's Equipment on or
           in an Eligible Facility has been determined, and any part
           of it installed, the First Carrier must not (except with the
           consent of the Second Carrier, which must not be
           unreasonably withheld) require that it be relocated
           elsewhere on or in a Facility. A Second Carrier is not
           required to consent to the relocation of its Equipment unless
           the First Carrier pays the reasonable cost of such relocation
           and the location to which the Equipment is relocated does
           not result in a material reduction of amenity in its use.

            5.2  Emergency Work

           (1)  Where, for the purposes of a First Carrier undertaking
           emergency work in relation to an Eligible Facility, the
           Equipment of another Carrier has to be turned off or

           powered down or disabled (as the case may be), or the First
           Carrier requires assistance in relation to the other Carrier's
           Equipment, the First Carrier must notify the other Carrier and
           that Carrier will dispatch personnel on an emergency basis
           to the Eligible Facility, in accordance with the same
           procedures and time frames as that Carrier would respond
           to in an emergency relating to its own Equipment in use on
           or in a similar Eligible Facility where it was the First Carrier.

           (2)  If a Carrier becomes aware of a fault, defect or problem with
           another Carrier's Equipment on or in an Eligible Facility
           which causes, or there is a reasonable risk that it might
           cause, damage to that Eligible Facility and/or to that Carrier's
           Equipment, the Carrier:

              (a)  must notify the other Carrier as soon as practicable; and

              (b)  where there is an immediate risk of personal injury or
              significant property damage (including to equipment of
              the other Carrier or a Third Party User), may take interim
              measures reasonably necessary in relation to the other
              Carrier's Equipment to prevent such injury or damage,
              pending the attendance by the other Carrier's personnel
              to perform the required corrective work.

            5.3  Replacement of Equipment

           (1)  Subject to sub-clause 5.3(2), on giving ten Business Days'
           prior written notice to any other Carrier which is using an
           Eligible Facility, a Carrier may replace Equipment currently
           located on or in an Eligible Facility with similar or new
           design Equipment provided:

              (a)  the Carriers agree that the new Equipment will not
              result in or cause:

                (i)  significant difficulties of a technical or engineering
                nature, including adversely affecting the structural
                integrity, stability and safety of the Eligible Facility;
                or

                (ii)  significant interference with the delivery of carriage
                services supplied by other Carriers; or

                (iii) significant interference with any Equipment of Third
                Party Users located on or