Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p43
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 131721–135047

in regard to access to the Eligible
            Facility within the period specified in sub-clause 1(5) of
            Schedule A1, and requires further time to consider the
            access application, the parties must make reasonable
            endeavours, acting in good faith, to discuss and agree on
            a period for a time extension in which to complete that
            study.

           (2)  If agreement on a time extension cannot be reached, then
            Carriers must engage in dispute resolution, as set out
            in Chapter 2 of the main Code

           (3)  In the event that Carriers agree to the appointment
            of an independent expert to determine whether an extension
            should be given, or the ACCC is required to arbitrate on the
            matter, then that expert or the ACCC must consider the
            following factors to the extent that those factors are relevant:

              •  the complexity of the request for access;

              •  the complexity or remoteness of the Eligible Facility
               to which access has been sought;

              •  the number of requests, both internal and external,
               which the First Carrier has received;

              •  whether Detailed Field Studies have been previously
               undertaken in relation to the Eligible Facility;

              •  weather conditions in the area where the Eligible
               Facility is located;

              •  the time taken for the Second Carrier to provide
               additional information; and

              •  the time taken to evaluate any additional information
               provided by the Second Carrier.

           (4)  Any time extension granted by an independent expert or the
            ACCC must take effect immediately after the expert or the
            ACCC notifies the First and Second Carrier of its decision.
            If the expert or ACCC refuses to grant an extension, then the
            First Carrier must complete the Detailed Field Study within
            the period specified in sub-clause 1(5) of Schedule A1
            or some other period determined by the expert or ACCC.

           (5)  The First Carrier must continue to carry out the Detailed
            Field Study, pending the decision of an independent expert
            or the ACCC and, where appropriate, it must inform that
            expert of the progress of performing the Detailed Field Study.

           3.  Order for access by Second Carrier

           (1)  If the Second Carrier wishes to make an Order for access
            to the Tower and/or Tower Site, it must do so within thirty
            Business Days of being advised of the results of the relevant
            Detailed Field Study.

           (2)  An Order must be consistent with the Equipment, plant,
            work, costs and charge details specified in the Detailed Field
            Study. If the First Carrier determines that an Order, in whole
            or any part thereof, is inconsistent with the relevant Detailed
            Field Study, it must consult with the Second Carrier with
            a view to overcoming any inconsistencies within five
            Business Days.

           (3)  The Second Carrier's Order must specify in writing: