Document ID: chunk:federal_register_of_legislation:C2023C00086:clause:4_581zd:p1
Version: federal_register_of_legislation:C2023C00086
Segment Type: clause
Provision Reference: sch 4 cl 581ZD (pt 1/2)
Character Range: 126641–129372

581ZD  Access to telecommunications transmission towers
 (1) An eligible company must, if requested to do so by a carrier, give the carrier access to a telecommunications transmission tower owned or operated by the eligible company.
Note 1: See also subsection (11) (when carrier is entitled to make a request).
Note 2: See also clause 33 of Schedule 1.
 (2) Subsection (1) is a civil penalty provision.
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
 (3) The eligible company is not required to comply with subsection (1) unless:
 (a) the access is provided for the sole purpose of enabling the carrier to install a facility used, or for use, in connection with the supply of a carriage service by means of radiocommunications; and
 (b) the carrier gives the eligible company reasonable notice that the carrier requires the access.
 (4) The eligible company is not required to comply with subsection (1) in relation to a particular telecommunications transmission tower if there is in force a written certificate issued by the ACCC stating that, in the ACCC's opinion, compliance with subsection (1) in relation to that tower is not technically feasible.
 (5) In determining whether compliance with subsection (1) in relation to a tower is technically feasible, the ACCC must have regard to:
 (a) whether compliance is likely to result in significant difficulties of a technical or engineering nature; and
 (b) whether compliance is likely to result in a significant threat to the health or safety of persons who operate, or work on, the tower; and
 (c) if compliance is likely to have a result referred to in paragraph (a) or (b)—whether there are practicable means of avoiding such a result, including (but not limited to):
 (i) changing the configuration or operating parameters of a facility situated on the tower; and
 (ii) making alterations to the tower; and
 (d) such other matters (if any) as the ACCC considers relevant.
 (6) Before issuing a certificate under subsection (4), the ACCC may consult the ACMA.
 (7) If the ACCC receives a request to make a decision about the issue of a certificate under subsection (4), the ACCC must use its best endeavours to make that decision within 10 business days after the request was made.
 (8) 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) depriving any person of a right under a contract that was in force at the time the request was made;
 (b) preventing a designated Telstra successor company from complying with an undertaking in force under section 577A;
 (c) preventing Telstra from complying with an undertaking in force