Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p58
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 178730–182085

10 km and more than 10 km in length, the First
           Carrier must notify the Second Carrier within fifteen, twenty
           or twenty five Business Days respectively, or such other time
           as agreed, whether:

           (i)  it accepts the application; or

           (ii)  it will reject the application.

            2.3  Proposal to reject an application

           (1)  If the First Carrier proposes to reject the 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 Underground Facility which addresses the
            reasonable concerns of each Carrier. An alternative strategy
            may include a reasonable alternative route, if one is
            available, or could be made available.

           (2)  After the initial meeting referred to in sub-clause 2.3(1)
            of Annexure B, 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 35(3) of Schedule 1, Part 5 of
            the Act. If the Second Carrier does not make such a request
            within 15 Business Days of the final meeting, the First
            Carrier may deem the Second Carrier's application to have
            been withdrawn. At the same time as the First Carrier
            submits a request to the ACCC it shall notify the Second
            Carrier of that request.

           (3)  In the event that, following a request from the First Carrier
            and its assessment of that request, the ACCC does not issue
            a certificate stating that access would not be technically
            feasible, then, for the purposes of this Code, the First Carrier
            will be deemed to have accepted the Facilities Access
            Application.

           (4)  Where an application has been rejected by the First Carrier
            for technical reasons, the Second Carrier is entitled to
            resubmit an amended application at any time, and the
            proposal must will be reconsidered in accordance with
            clause 2.2 of Annexure B. If the amended application is
            re-submitted within one month of the previous application
            then the First Carrier must provide the notification required
            within ten Business Days of receiving an amended
            application.

           (5)  If the First Carrier proposes to reject the application of the
            Second Carrier on other than technical grounds, it must
            provide the Second Carrier with a written explanation of its
            concerns and meet with the Second Carrier 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.

Part 3.—  Termination of