Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p27
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 82539–85924

expenses of resolving the
              Claim, including any payments or liabilities, in
              proportion to the space in or on the Eligible Facility
              occupied or used by each Carrier; and

              (c)  negotiate, in good faith, any amendments or variations
              (including if required termination) to any licence
              agreement as may be necessary or desirable as a result
              of the Claim.

Chapter 6.

Glossary and interpretation

            6.1  Glossary

         The following words have these meanings unless the contrary
         intention appears:

       Act refers to the Telecommunications Act 1997 (Cth)
         ACCC refers to the Australian Competition and Consumer
         Commission.

         ACCC Pricing Principles see a document entitled Access Pricing
         Principles - Telecommunications issued by the ACCC on 22 July
         1997.

         Access Window means that period during which a Carrier's
         Equipment on or in an Eligible Facility is temporarily
         decommissioned or not operating.

         ACMA refers to the Australian Communications and Media Authority.

         Adjoining Site means the site adjoining or located close
         to a replacement Tower or Existing Tower which is to be obtained
         and used by the Second Carrier to locate its Equipment Shelter and
         associated Equipment.

         Advised Delivery Date means the date at which the Carrier
         undertaking Make Ready Work advises the other Carrier as to the
         date on which access is provided in accordance with this Code.

         Breach Notice is defined in clause 5.8(3)(b) of the main Code.

         Business Day means a day that is not a Saturday, a Sunday
         or a public holiday in the State or Territory in which the Eligible
         Facility is located.

         Carriage Service has the same meaning as in s. 7 of the
         Telecommunications Act 1997 and includes a proposed Carriage
         Service.

         Carriage Service Provider has the same meaning as in s. 87 of the
         Telecommunications Act 1997.

         Carrier has the same meaning as in s. 7 of the Telecommunications
         Act 1997.

         Carrier Licence means a licence granted under s. 56 of the
         Telecommunications Act 1997.

         Classes of Eligible Facilities refers to different categories of Eligible
         Facilities, such as PMTS Towers, Radcom Towers, Sites of PMTS
         Towers, Sites of Radcom Towers and Underground Facilities.

         Code refers to the ACCC's 'Code of Access to Telecommunications
         Transmission Towers, Sites of Towers and Underground Facilities'.

         Confidential Information includes all information, know-how,
         ideas, concepts, technology, manufacturing processes, industrial,
         marketing and commercial knowledge of a confidential nature
         (whether in tangible or intangible form) relating to or developed
         in connection with or in support of the business of a Carrier and which relates to Eligible Facilities or is obtained in connection with the supply or acquisition of Eligible Facilities, but does not include information which:
              (a)    is or becomes part of the public domain (other than through any breach of the relevant agreement by the other Carrier or