Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p59
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 181754–185350

within ten
            Business Days of receiving the application to discuss those
            concerns. Carriers must make reasonable endeavours
            to develop a strategy for managing access to the Eligible
            Facility which addresses the reasonable concerns of each
            Carrier.

Part 3.—  Termination of Access

            3.1  Standard term of access

           Unless otherwise agreed between the parties, a standard access
           term for a particular Underground Facility should be the lesser of:

           (a)  fifteen years; or

           (b)  the term of the First Carrier's rights of tenure in respect
            of that Underground Facility; or

           (c)  the period equal to the remaining economic life of the
            Underground Facility.

            3.2  Termination by First Carrier

           In regard to an Underground Facility, if the First Carrier:

           •  intends to decommission the Underground Facility and
            terminate the provision of access to that Underground
            Facility, and

           •  the Second Carrier wishes to continue to use that
            Underground Facility;

           (a)  the Carriers must endeavour to agree on arrangements
            to permit the Second Carrier to continue to use the
            Underground Facility;

           (b)  the Second Carrier that was the first Carrier to share the
            Underground Facility (and if shared initially by more than
            one Second Carrier, by agreement between the Second
            Carriers) must take ownership of the Underground Facility
            from the First Carrier;

           (c)  the First Carrier must indemnify the Second Carrier against
            any claims in respect of the First Carrier's use of the
            Underground Facility;

           (d)  upon vacation of the Underground Facility by the First
            Carrier, ownership of the Underground Facility must be
            assigned to the Second Carrier, whereupon that Second
            Carrier will be the First Carrier;

           (e)  the Second Carrier which takes the ownership of the
            Underground Facility must indemnify the First Carrier
            against any claims, damages, expenses or liabilities in
            respect of the Underground Facility arising after the date
            of the assignment or novation.

            3.3  Termination by Second Carrier

         If the Second Carrier decides to cease using an Underground
         Facility and the First Carrier wishes to continue using the
         Underground Facility, the Second Carrier must indemnify the First
         Carrier against any claims in respect of the Second Carrier's use
         of the Underground Facility.

                 SCHEDULE B1.  ACCESS PROCEDURE —
                  FIRST CARRIER PERFORMS
                  MAKE READY WORK

           1.  Conduct of a Detailed Field Study

           (1)  Within twenty Business Days of the First Carrier accepting
            the Second Carrier's Facilities Access Application, the
            Second Carrier may make a written request for a Detailed
            Field Study to be completed by the First Carrier. The
            Detailed Field Study must encompass a confirmation (or
            variation) of the results of the First Carrier's preliminary
            assessment of access to the Underground Facility and the
            development of a Make Ready Work proposal by the First
            Carrier.

           (2)  The Second Carrier's written request for a