Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p17
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 51734–55159

Note:  Clause 38 of Part 5 of Schedule 1 of the Act requires Carriers,
           in planning the provision of future carriage services,
           to co-operate to share sites and eligible underground facilities.

           (2)  A Co-location Consultation Process involves a Carrier
           (Requesting Carrier) making reasonable attempts to inform
           all other Carriers (Non-requesting Carriers) that it has plans
           to establish a new Eligible Facility in a particular Postcode
           area and that it requests other Carriers to consider
           establishing a Shared New Site or Shared New Underground
           Facility, including as a result of a request from a local
           council or other relevant body.

           (3)  As part of the Co-location Consultation Process, a Non-
            requesting Carrier(s) must inform the Requesting Carrier
           whether it wishes to establish a Shared New Site or Shared
           New Underground Facility within thirty Business Days of the

           Requesting Carrier's request. If a Non-requesting Carrier
           does not respond during that period then that Carrier will
           be deemed to have rejected that request.

           (4)  If Carriers agree, pursuant to sub-clause 4.5(2), to establish
           a Shared New Site or Shared New Underground Facility,
           upon identification of a site as a potential Shared New Site
           or location of a Shared New Underground Facility, the
           Requesting Carrier must submit to those other Carriers which
           propose to share that Shared New Site or Shared New
           Underground Facility (the Proposed Sharers), a proposal for
           sharing the Site or Facility (a Sharing Proposal), containing
           particulars of the Site or Facility including:

              •  its location;

              •  an estimate of the make ready costs;

              •  the Requesting Carrier's proposal as to development
              of the Site or Facility;

              • the time frame in which that development will occur;
              and

              •  nomination as to which Carrier will be the Site or
              Facility owner and the party with power to grant rights
              of occupation thereon.

           (5)  Within twenty Business Days of receipt of a Sharing
           Proposal, each Proposed Sharer must notify the Requesting
           Carrier in writing that:

              (i)  it accepts the Sharing Proposal; or

              (ii)  it requires more information in relation to the Sharing
              Proposal whereupon the Requesting Carrier must
              provide the requested information within five Business
              Days of the date on which the request is made; or

              (iii) it rejects the Sharing Proposal.

           (6)  If parties to a Sharing Proposal are unable to agree on any
           aspect of the Sharing Proposal, including the terms and
           conditions of the Sharing Proposal, then the parties must,
           at the request of any party, seek to resolve the dispute in
           accordance with chapter 2 of the main Code.

           (7)  If a request, under sub-clause 4.5(2), or a Sharing Proposal,
           under 4.5(4), is rejected:

              (a)  if requested, the rejecting Carrier must produce
              a written explanation of why it