Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p37
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 113191–116610

enable
           the Second Carrier to complete its Facilities Access
           Application.

           (9)  To the extent necessary to assist the First Carrier to assess
           a Facilities Access Application, the Second Carrier must
           include technical information in its Facilities Access
           Application, such as structural analyses and electromagnetic
           energy tests, relevant to how it proposes to install its
           proposed Equipment under its Work Plan and, if the
           Facilities Access Application proposes that the Second
           Carrier undertake Make Ready Work, how it proposes
           to undertake that Make Ready Work.

           (10)Further to sub-clause 2.1(9) of Annexure A, the Second
           Carrier must warrant the accuracy of all technical
           information included in support of its Facilities Access
           Application and provide details to the First Carrier of the
           qualifications of the persons responsible for providing that
           information.

           (11)Pursuant to sub-clause 2.1(10) of Annexure A, in the event
           that Carriers are unable to agree on the application of the
           warrant specified in sub-clause 2.1(9) of Annexure A,
           Carriers must engage in dispute resolution, as set out
           in Chapter 2 of the main Code.

            2.2  Assessment of Facilities Access Application

           (1)  The First Carrier must notify the Second Carrier, within the
            period specified in sub-clause 2.2(2), whether:

              (i)  it accepts the application; or

              (ii)  it will reject the application.

           (2)  If the Eligible Facility is a PMTS Tower or PMTS Tower Site,
            the period specified is twenty Business Days or such other
            time as is agreed. For Radcom Towers or Radcom Tower
            Sites, the period specified is thirty Business Days or such
            other time as is agreed.

            2.3  Proposal to reject a Facilities Access
             Application

           (1)  If the First Carrier proposes to reject the access application
            of the Second Carrier on technical grounds, it must provide
            the Second Carrier with a written explanation of its concerns
            and meet within ten Business Days of receiving the
            application to discuss those concerns. Carriers must make
            reasonable endeavours to develop a strategy for managing
            access to the Eligible Facility which addresses the reasonable
            concerns of each Carrier. In the case of an application for
            access to a Tower, such a strategy may include the
            construction of a replacement Tower. In the case of
            an application for access to a Tower Site, such a strategy
            may include replacing the Tower situated on that Tower Site.

           (2)  After the initial meeting referred to in sub-clause 2.3(1), the
            First Carrier must, if requested by the Second Carrier, within
            five Business Days of the Second Carrier's request, submit
            a request to the ACCC for the issue of a certificate under
            clause 33(3) and/or clause 34(3) of Part 5 of Schedule 1
            of the Act for proposed rejections for access to Towers
            and/or Tower Sites respectively. If the Second