Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p4
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 9874–13198

implementation
                 of access

                 Chapter 6 —  glossary of terms and interpretation

         Annexure A establishes administrative and operational procedures
         which specifically apply to telecommunications transmission
         towers and sites of towers. Annexure B establishes the
         administrative and operational procedures which specifically
         apply to underground facilities.

            1.1 Preliminary

         1.1.1  Citation

         This Code is called A Code of Access to Telecommunications
         Transmission Towers, Sites of Towers and Underground Facilities.
         For ease of reference, the Code may also be referred to as the
         Facilities Access Code.

         1.1.2  Commencement

         This Code shall take effect on the date specified in the
         Commonwealth of Australia Government Notices Gazette.

         1.1.3 Variations

           (1) From time to time, the provisions of the Code may be varied
           by the ACCC.

           (2) Carriers will be notified of variations to the Code before the
         date of effect of such variations.

         1.1.4 Review

         The ACCC may review the Code at any time, for example,
         in response to changes in relevant legislation, licence conditions
         or lawful directions made by any Minister.

            1.2  Scope and application of the Code

         1.2.1  Facilities

         The Code applies to the facilities specified in Part 5. For ease
         of reference, these facilities are collectively referred to as Eligible
         Facilities throughout the Code.

         This Code does not apply to the extent (if any) it imposes an obligation on a designated Telstra successor company that has the effect of preventing the designated Telstra successor company from complying with an undertaking in force under section 577A of the Telecommunications Act 1997.

         This Code does not apply to the extent (if any) it imposes an obligation on Telstra that has the effect of preventing Telstra from complying with an undertaking in force under section 577C or 577E of the Telecommunications Act 1997 (the Act).

         For the purposes of this Code, an NBN corporation is not taken to be the operator or controller of an Eligible Facility if:

            (1)     there is an agreement in force between Telstra or a designated Telstra successor company and an NBN corporation,

            (2)     the agreement relates to an NBN corporation's access to an Eligible Facility owned or operated by Telstra or the designated Telstra successor company, and

            (3)     apart from this provision, the agreement would result in the NBN corporation being the operator or controller of the Eligible Facility.

           Note 1:  see Chapter 5 for a full definition of Eligible Facilities.
              Note 2: see Subclauses 33(8), 34(8) and 35(8) of Part 5 of Schedule 1 to the Telecommunications Act 1997.

         1.2.2  Agreements

           (1) Subject to sub-clause 1.2.2(2)-(4), a First and Second Carrier
           may agree, in writing that particular conditions of access to
           Eligible Facilities will prevail over those set out in the Code.

           (2)  Pursuant to sub-clause 1.2.2(1), such an agreement must