Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p12
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 35636–39369

with the
           administration of access procedures under this Code, the
           Second Carrier must, if requested by the First Carrier,
           provide the First Carrier with estimates of future
           requirements for access to those Eligible Facilities that
           it reasonably requires (Forecast Information) to enable the
           First Carrier to provide for access to Eligible Facilities.

           (2)  Any estimates of future requirements provided by the Second
           Carrier to the First Carrier must be given in good faith.

Chapter 4.

Negotiating access

            4.1  General

         Negotiations undertaken for the purpose of securing agreement for
         facilities access must be undertaken in good faith and be entered
         into and conducted in a timely manner.

            4.2  Master Access Agreement

           (1)  If a Second Carrier has requested access to an Eligible
           Facility of a First Carrier, or indicated an intention to make
           such a request, and no existing Master Access Agreement
           applies in relation to the Eligible Facility to which the
           Second Carrier is seeking access, the First and Second
           Carriers must make reasonable endeavours to negotiate
           a Master Access Agreement, where that Agreement covers
           general or standard terms and conditions by which the
           Second Carrier will obtain access to the Eligible Facilities
           of the First Carrier (or a class thereof).

           (2)  A Master Access Agreement applies to all applications made
           by a Second Carrier for access to facilities of a class covered
           by the Master Access Agreement prior to the termination of
           the Master Access Agreement.

           (3)  A Master Access Agreement must have a termination date.

           (4)  A Master Access Agreement may, without limitation,
           deal with:

              (a)  ordering and provisioning procedures for access;

              (b)  operation and routine maintenance procedures;

              (c)  arrangements for dealing with delays in the delivery
              of access;

              (d)  supervisory procedures required by either party, to the
              extent necessary, in relation to the performance of Make
              Ready Work;

              (e)  dispute resolution procedures;

              (f)  charges;

              (g)  financial security requirements;

              (h)  credit assessment procedures (both initial and ongoing);

              (i)  confidentiality;

              (j)  indemnities;

              (k)  any licence agreement to be entered into in respect
              of a grant of access to an Eligible Facility;

              (l)  reasonable Forecast Information to be provided,
              as described in clause 3.5 of the main Code;

              (m) technical specifications relating to matters to be agreed
              by the Carriers, including technical specification of
              Towers and for attachment of Equipment to Towers, and
              occupational and health and safety standards;

              (n)  relevant radio frequency, electromagnetic, operational
              and engineering practices and procedures as agreed
              between the Carriers;

              (o)  Carriers' respective rights and obligations in relation
              to physical access to Eligible Facilities, including what
              work should be carried out and when that work will
              be carried out;

              (p)  the Carriers' respective rights and obligations in relation
              to physical access to Eligible Facilities for