Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p38
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 116356–119666

a request to the ACCC for the issue of a certificate under
            clause 33(3) and/or clause 34(3) of Part 5 of Schedule 1
            of the Act for proposed rejections for access to Towers
            and/or Tower Sites respectively. If the Second Carrier does
            not make such a request within thirty Business Days of the
            initial meeting, the First Carrier may deem the Second
            Carrier's application to have been withdrawn. At the same
            time as the First Carrier submits a request to the ACCC, it shall
            notify the Second Carrier of that request.

           (3)  In the event that, following a request from the First Carrier
            and its assessment of that request, the ACCC does not issue
            a certificate stating that access would not be technically

            feasible, then, for the purposes of this Code, the First Carrier
            will be deemed to have accepted the Facilities Access
            Application.

           (4)  Where an application has been rejected by the First Carrier
            for technical reasons, the Second Carrier is entitled to
            resubmit an amended application at any time, and the
            proposal must be reconsidered in accordance with clause
            2.2. If the amended application is re-submitted within one
            month of the previous application then the First Carrier must
            provide the notification required within ten Business Days
            of receiving an amended application.

           (5)  If the First Carrier proposes to reject the application of the
            Second Carrier on grounds other than technical grounds,
            it must provide the Second Carrier with a written
            explanation of its concerns and meet with the Second
            Carrier within ten Business Days of receiving the application
            to discuss those concerns. Carriers must make reasonable
            endeavours to develop a strategy for managing access to the
            Eligible Facility which addresses the reasonable concerns
            of each Carrier.

            2.4  Acceptance of a Facilities Access Application

           (1)  If the First Carrier accepts an application, it must continue,
            where relevant, to hold the Lease for the Tower and/or Tower
            Site and will be the sole lessee under the Lease and the
            Second Carrier must not object to the continuation of any
            existing Tower Sub-Lease and/or Tower Site Sub-Lease
            already granted in respect of the Tower and/or Tower Site.

           (2)  The First Carrier must grant to the Second Carrier a Tower
            Sub-Lease and/or Tower Site Sub-Lease of an agreed part
            of the Tower and/or Tower Site to enable the Second Carrier
            to install, use and maintain its Equipment on the Tower
            and/or Tower Site.

           (3)  Unless the Second Carrier agrees otherwise, the term of the
            Tower Sub-lease and/or Tower Site Sub-Lease must be
            substantially coextensive with the remaining term of the
            Lease of the existing Tower or the lease for the Adjoining
            Site, whichever is shorter.

           (4)  Where the First Carrier owns the