Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p45
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 138083–141430

to sub-clause 4(4) of Schedule A1, the First Carrier
            must deliver access to a Tower and/or Tower Site in respect
            of which an application has been accepted on the Advised
            Delivery Date or as otherwise agreed.

           (4)  The First Carrier is not obliged to deliver access on the
            Advised Delivery Date if Make Ready Work cannot be
            reasonably completed, due to unforeseen circumstances
            or circumstances beyond the First Carrier's control before
            that date, and notice has been given to the Second Carrier,
            in which case access will be delivered on an agreed date,
            which must be as soon as reasonably practicable after the
            Advised Delivery Date.

           (5)  If access to a Tower has been granted and, notwithstanding
            the completion of Make Ready Work, the Second Carrier
            is unable to install its Equipment, the Second Carrier must
            consult the First Carrier's Proper Officer with a view to
            resolving any issues which may be the responsibility of
            the First Carrier under the Code. The First Carrier must
            complete any work for which it is responsible under the
            Code, as reasonably practicable, following such
            consultation.

           5. Delivery of Access

           (1)  A First Carrier must notify the Second Carrier when access
            can be provided (Delivery of Access) by a facsimile advice,
            at the completion of Make Ready Work done by the First
            Carrier.

           (2)  Prior to the Delivery of Access, the First Carrier must
            perform all Make Ready Work which it has agreed to
            perform, and perform that work as soon as reasonably
            practicable.

           6.  Variation of Make Ready Work

           (1)  If, after the commencement of Make Ready Work, the
            First Carrier determines that the actual cost of carrying out
            the Make Ready Work is likely to exceed, by more than
            a certain proportion agreed between the parties, the costs

           upon which the access charge specified in the First Carrier's
           Response was based, because of unforeseen circumstances
           or circumstances beyond its control:

              (i)  the First Carrier must immediately suspend all Make
               Ready Work and advise the Second Carrier accordingly;
               and

              (ii)  as soon as practicable, the First Carrier must provide
               a Work Variation Report to the Second Carrier setting
               out the nature and extent of additional Make Ready
               Work, revised Make Ready Work costs and any revised
               Advised Delivery Date; and

              (iii) upon receipt of a Work Variation Report, the Second
               Carrier must either request the First Carrier to carry out
               the Make Ready Work at the revised Make Ready Work
               costs (and by the revised Advised Delivery Date) or
               inform the First Carrier that it does not wish to proceed
               with the Make Ready Work. In regard to the latter, the
               Second Carrier must pay Make Ready Work costs to the
               extent then