Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p11
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 32390–35967

request, use its reasonable
           endeavours to provide further information, as required, that
           may be relevant to a Second Carrier's decision to seek
           access.

           (2)  The Second Carrier's request must be for the purpose
           of facilitating bona fide negotiations between the First and
           Second Carrier regarding access to Eligible Facilities.

           Note:  clauses 33(2)(a), 34(2)(a) and 35(2)(a) of Part 5 state that a First
           Carrier is not required to provide access to a facility unless the access
           is provided for the sole purpose of enabling the Second Carrier to
           install a facility used, or for use, in connection with the supply
           of a carriage service.

            3.3 Proper Officer

           (1)  First and Second Carriers must appoint an employee or
           representative with the responsibility for the administration
           of access to Eligible Facilities under Part 5 (Proper Officer).

           (2)  The Proper Officer of a First or Second Carrier must use
           reasonable endeavours to consult with his or her counterpart
           from another Carrier regarding the matters set out in this
           Code, with a view to resolving any difficulties and to ensure
           compliance with this Code.

           (3)  First and Second Carriers must ensure that their Proper
           Officer has adequate authority to effectively conduct his
           or her responsibilities under this Code.

           (4)  A Proper Officer may delegate his or her functions to one
           or more persons and must notify the other party of any
           functions so delegated and the name and contact details
           of the delegate.

           (5)  The responsibilities of each Proper Officer must include
           at least the following:

              (a)  in the case of a First Carrier, processing requests for
              access to Eligible Facilities; and

              (b)  in the case of a Second Carrier, preparation and
              lodgement of requests for access to Eligible Facilities;
              and

              (c)  in the case of both parties:

                (i)  coordination of activities so that each party performs
                its responsibilities in relation to Make Ready Work;
                and

                (ii)  receipt of notifications concerning defects, faults
                or other problems and ensuring compliance with its
                established emergency and maintenance procedures;
                and

                (iii) discussion of, and making reasonable endeavours
                to agree on, matters relating to access applications,
                including any proposal to reject an application.

            3.4 Facilities Access Applications

         A Second Carrier seeking access to a particular Eligible Facility or
         Facilities must submit a Facilities Access Application in
         accordance with the relevant procedures and timeframes for
         making such an application, as set out in Annexure A or B.

            3.5  Forecast Information

           (1)  For the sole purpose of assisting the First Carrier with the
           administration of access procedures under this Code, the
           Second Carrier must, if requested by the First Carrier,
           provide the First Carrier with estimates of future
           requirements for access to those Eligible Facilities that
           it reasonably requires (Forecast Information)