Document ID: chunk:federal_register_of_legislation:C2019A00006:clause:1_19a:p1
Version: federal_register_of_legislation:C2019A00006
Segment Type: clause
Provision Reference: sch 1 cl 19A (pt 1/2)
Character Range: 2569–5311

19A  Access to a telecommunications transmission tower
 (1) If a telecommunications transmission tower (the first tower) is owned or operated by an NBN corporation, the NBN corporation must, if requested to do so by an eligible person, give the eligible person access to the first tower if:
 (a) the access is for the sole purpose of enabling the eligible person to:
 (i) install particular equipment on the first tower; or
 (ii) maintain, operate or remove particular equipment installed by the eligible person on the first tower; and
 (b) in a case where subparagraph (a)(i) applies—the NBN corporation is satisfied that the installation of the equipment is technically feasible; and
 (c) in a case where:
 (i) subparagraph (a)(i) applies; and
 (ii) there is another telecommunications transmission tower in the vicinity of the first tower that is not owned or operated by the NBN corporation;
  the NBN corporation is reasonably satisfied that it would not be reasonable for the eligible person to install the equipment on the other tower.
Note 1: For eligible person, see section 19H.
Note 2: For equipment, see section 19G.
Note 3: See section 19C (reasonableness).

Exemptions from sections 9, 18 and 19
 (2) If the NBN corporation gives the eligible person access to the first tower in compliance with subsection (1), sections 9, 18 and 19 do not apply to:
 (a) the giving of access; or
 (b) the supply to the eligible person of goods that are incidental to the giving of access.

Limits on subsection (1) obligation
 (3) Subsection (1) does not impose an obligation to the extent (if any) to which the imposition of the obligation would have any of the following effects:
 (a) preventing an NBN corporation from reserving sufficient space on the first tower to be able to meet the NBN corporation's reasonably anticipated requirements in relation to the installation of equipment, measured at the time when the request was made;
 (b) preventing a person (other than an NBN corporation) who has already installed equipment on the first tower from obtaining access to sufficient space on the first tower to be able to meet the person's reasonably anticipated requirements in relation to the installation of equipment, measured at the time when the request was made;
 (c) depriving any person of a protected contractual right.
 (4) For the purposes of paragraph (3)(c), protected contractual right means a right under a contract that was in force at the commencement of this section.
 (5) Subsection (1) does not impose an obligation to give an eligible person access to the first tower if:
 (a) the eligible person is included in a class of persons specified under paragraph 19H(2)(a); and
 (b) the imposition of the obligation would be