Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p34
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 103573–107057

Tower and/or
              Tower Site to which physical inspection is sought; and

              (iii) the date(s) and time(s) at which the Second Carrier
              wishes to visit the Tower and/or Tower Site; and

              (iv) other matters, as agreed between the parties.

           (3)  Subject to sub-clause 1.2(4) and obligations imposed by the
           Lessor of the relevant Tower and/or Tower Site or by a third
           party over whose property the Tower and/or Tower Site has
           to be accessed, the Second Carrier's personnel must be
           permitted physical access to the Tower and/or Tower Site:

              (i)  in an orderly manner and on a non-discriminatory basis;
              and

              (ii)  as soon as reasonably practicable and within three
              Business Days of giving notification of a physical
              inspection.

           (4)  Where there is a significant risk to the health and safety
           of a Carrier's employees, agents or contractors or to integrity
           of the First Carrier's network or facility from unaccompanied
           access by a Second Carrier's employees, agents or
           contractors (the representatives), the First Carrier may
           require, at the Second Carrier's expense, that the Second
           Carrier's representatives be accompanied by an employee
           of the First Carrier and, prior to granting a Second Carrier's

           representatives access to the Tower and/or Tower Site, the
           Second Carrier's representatives undergo an induction course
           which is relevant to the physical inspection. An induction
           course may include accompanied visits to the Tower and/or
           Tower Site. In determining whether there is a significant risk
           to the integrity of the network or facility from
           unaccompanied physical access, regard should be had to the
           importance of the facility to the First Carrier's network and
           the qualifications of the Second Carrier's representatives.

           (5)  The Second Carrier's representatives are not required to
           be accompanied by an employee of the First Carrier nor
           undergo an induction course where there is no significant
           risk to the integrity of the First Carrier's network or facility
           from unaccompanied access. Nonetheless, the First Carrier
           may choose to accompany the Second Carrier's
           representatives provided that the Second Carrier may gain
           physical access in accordance with the notification times
           governed by sub-clause 1.2(3) and the First Carrier meets
           its own cost of attending.

           (6)  In the event that there is disagreement over whether there
           exists a significant risk to the health and safety of a Carrier's
           employees, agents or contractors or to the integrity of the
           First Carrier's network or facility then both Carriers must
           engage in dispute resolution, as set out in Chapter 2 of the
           main Code. In the period prior to the disagreement being
           resolved, the First Carrier may require accompanied
           physical access.

           (7)  When accessing the Tower and/or Tower Site, the Second
           Carrier's representatives must comply with all reasonable
           directions from the First Carrier, including directions relating