Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p20
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 61111–64636

adversely affecting the structural
                integrity, stability and safety of the Eligible Facility;
                or

                (ii)  significant interference with the delivery of carriage
                services supplied by other Carriers; or

                (iii) significant interference with any Equipment of Third
                Party Users located on or in an Eligible Facility such
                that the performance level of the Equipment falls
                below accepted industry standards; or

                (iv) a significant threat to the health or safety of persons
                who operate, or work on or in the Eligible Facility
                and

              (b)  the replacement work takes place within an Access
              Window or some other time agreed to by all Carriers;
              and

              (c)  the replacement Equipment does not interfere with any
              other Equipment installed on or in the Eligible Facility;
              and

              (d)  the Carrier complies with the requirements of a facilities
              access agreement and Master Access Agreement.

           (2)  Carriers, as part of a facilities access agreement, may
           establish different procedures for the replacement of
           Equipment in certain circumstances, such as, in relation
           to an Underground Facility, where the Equipment of
           a Second Carrier is housed in a separate sub-duct.

           (3)  In relation to sub-clauses 5.3(1) and 5.3(2), a First Carrier
           must not unreasonably withhold its agreement. If a First
           Carrier does not agree to the replacement of existing
           Equipment then the First Carrier must follow the procedures
           set out in Clause 2.3 of Annexure A and B, modified as
           appropriate.

            5.4  Interference with Equipment

           (1)  A Carrier must not do anything, or knowingly permit any
           Third Party User to do anything, in relation to an Eligible
           Facility, which causes interference or materially obstructs,
           interrupts or impedes the continuous use or operation of any
           Equipment of another Carrier or a Third Party User's
           Equipment. This clause does not apply to the extent that
           an interruption in the use or operation of Equipment is
           necessary for the installation or maintenance of Equipment
           or for a Carrier to respond to an emergency.

           (2)  In the event of one Carrier (the Notifying Carrier) advising
           another Carrier of any interference allegedly caused by a
           breach by that Carrier of clause 5.4(1), subject to sub-clause
           5.4(4) and 5.4(5), that Carrier must expeditiously remedy
           such a breach.

           (3)  In addition to the obligations under sub-clause 5.4(2), if a
           Notifying Carrier advises another Carrier of any interference
           allegedly caused by a breach by that Carrier of sub-clause
           5.4(1) and the advice is given within one week of:

              (a)  the Carrier installing new or additional Equipment; or

              (b)  the Carrier commissioning new or additional
              Equipment;

           then that other Carrier must remedy that breach as soon
           as possible and, in any event, within 24 hours.

           (4)  If, within 48 hours of receiving notification of the
           interference, a Carrier is not able to