Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p35
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 106711–110269

period prior to the disagreement being
           resolved, the First Carrier may require accompanied
           physical access.

           (7)  When accessing the Tower and/or Tower Site, the Second
           Carrier's representatives must comply with all reasonable
           directions from the First Carrier, including directions relating
           to its engineering practices.

           (8)  The Second Carrier must retain a log recording the date,
           time and duration of visits by its personnel to the Tower
           and/or Tower Site for which the other Carrier is the First
           Carrier, and the First Carrier will be entitled to inspect this
           log on reasonable notice.

Part 2.—  Facilities Access Application

            2.1  Lodgement of Facilities Access Application

           (1)  If the Second Carrier wishes to share an existing Tower
           and/or Tower Site of the First Carrier, it must submit to that
           First Carrier a Facilities Access Application for its review and
           acceptance.

           (2)  Subject to the provision of appropriate confidentiality
           assurances by the First Carrier in respect of the
           non-disclosure of information, and any existing Master
           Access Agreement regarding security requirements,
           a Facilities Access Application must include creditworthiness
           information that includes, but is not limited to:

              (a)  a letter, signed by the company secretary or duly
              authorised officer of the Second Carrier, stating that the
              Second Carrier is not insolvent and not under any
              external administration (as defined in the Corporations
              Law) or under similar form of administration under any
              laws applicable to it in any jurisdiction;

              (b)  the Second Carrier's credit rating, if any has been
              assigned to it;

              (c)  if requested, a copy of the Second Carrier's most recent
              published audited balance sheet and published audited
              profit and loss statement together with any notes that
              form part of those accounts; and

              (d)  other relevant financial data as agreed between the First
              Carrier and Second Carrier.

           Note: refer to clause 4.2 of the main Code for provisions relating to the
           nature and negotiation of a Master Access Agreement.

           (3)  The Second Carrier must warrant the accuracy of any
           creditworthiness information provided to the First Carrier.

           (4)  Pursuant to sub-clause 2.1(3) of Annexure A, in the event
           that Carriers are unable to agree on the application of the
           warrant specified in that sub-clause, Carriers must engage in
           dispute resolution, as set out in Chapter 2 of the main Code.

           (5)  The Facilities Access Application may include information
           to be agreed from time to time between the parties, but it
           must include at least the following information:

              (i)  specifications for Make Ready Work;

              (ii)  time required for access to be delivered;

              (iii) a description of the Equipment which the Second
              Carrier wishes to install on the Tower or at the Site,
              including all technical and design specifications,
              dimensions, wind and load factors and
              radiocommunications characteristics, any