Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_118qg
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 118QG
Character Range: 202270–204347

118QG  Terms and conditions of access

Access to broadcasting transmission towers

 (1) The owner or operator of a broadcasting transmission tower must comply with subsection 118QD(1) on such terms and conditions as are:
 (a) agreed between the following parties:
 (i) the owner or operator;
 (ii) the access seeker (within the meaning of that subsection); or
 (b) failing agreement, determined by an arbitrator appointed by the parties.
If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.

Access to designated associated facilities

 (2) The owner or operator of a designated associated facility must comply with subsection 118QE(2) on such terms and conditions as are:
 (a) agreed between the following parties:
 (i) the owner or operator;
 (ii) the access seeker (within the meaning of that subsection); or
 (b) failing agreement, determined by an arbitrator appointed by the parties.
If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.

Access to sites of broadcasting transmission towers

 (3) The owner or operator of a broadcasting transmission tower must comply with subsection 118QF(1) on such terms and conditions as are:
 (a) agreed between the following parties:
 (i) the owner or operator;
 (ii) the access seeker (within the meaning of that subsection); or
 (b) failing agreement, determined by an arbitrator appointed by the parties.
If the parties fail to agree on the appointment of an arbitrator, the ACCC is to be the arbitrator.

Conduct of arbitration

 (4) The regulations may make provision for and in relation to the conduct of an arbitration under this section.

 (5) The regulations may provide that, for the purposes of a particular arbitration conducted by the ACCC under this section, the ACCC may be constituted by a single member, or a specified number of members, of the ACCC. For each such arbitration, that member or those members are to be nominated in writing by the Chair of the ACCC.

 (6) Subsection (5) does not limit subsection (4).