Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p52
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 159531–162815

Work
           Plan, the Carriers must engage in dispute resolution, as set out
           in Chapter 2 of the main Code.

            2.3  Conduct of Make Ready Work

           (1)  Unless otherwise agreed by the parties, the Second
            Carrier must bear the costs of designing and constructing
            a replacement PMTS Tower, including Make Ready Work
            and the doing of all things required by this Code.

           (2)  Subject to sub-clause 2.3(3) of Schedule A2, the Second
            Carrier must carry out Make Ready Work in accordance with
            the agreed Construction and Work Plan and provide a copy
            of diagrams depicting the new or replacement Tower and the
            location of the Second Carrier's installed Equipment.

           (3)  If, after the commencement of Make Ready Work, the
            Second Carrier determines that it must depart from the Final
            Construction and Work Plan, then it may do so, providing
            it has secured the agreement of the First Carrier that such
            a departure would not have a material impact on the First
            Carrier's future use of the Tower and/or Tower Site.

           (4)  In carrying out the Make Ready Work, the Second Carrier
            must take all reasonable steps to ensure that all such work
            is carried out, so far as is practicable, within the construction
            timetable notified pursuant to clause 2.2(5) of Schedule A2
            and must notify the First Carrier of any delays which it
            anticipates as soon as practicable after becoming aware
            that such delays will occur. Upon completion of the
            replacement Tower, which must occur when the replacement
            Tower is reasonably capable of bearing the Equipment of the
            Second Carrier and the First Carrier, the Second Carrier must
            give notice of its completion to the First Carrier.

           (5)  Each Carrier will be responsible for the installation of its
            own Equipment on the replacement Tower once constructed.

           (6)  Unless the parties otherwise agree, all the Equipment
            installed on an existing Tower must be transferred (at the
            Second Carrier's cost) to the replacement Tower in a manner
            that:
             (a)  to the extent reasonably practicable, avoids; or
             (b) if unavoidable, to the extent reasonably practicable,
               minimises;

           any Outage in transferring the Equipment to the replacement
           Tower. To minimise the impact of any Outage, the Carriers
           must schedule the transference of the Equipment at a time
           when, in the reasonably formed view of the First Carrier, that
           Equipment is carrying the least traffic but also at a time that
           is reasonably practical to do that work.

           (7)  Once the location of the First Carrier's Equipment upon the
            replacement Tower has been determined, and any part of
            it is installed, the Second Carrier must not (except with the
            consent of the First Carrier, which must not be unreasonably
            withheld) require that it be relocated elsewhere upon