Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p13
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 39039–42653

obligations in relation
              to physical access to Eligible Facilities, including what
              work should be carried out and when that work will
              be carried out;

              (p)  the Carriers' respective rights and obligations in relation
              to physical access to Eligible Facilities for the purpose
              of maintenance, as well as security and access-
              coordination procedures;

              (q)  emergency response procedures;

              (r)  procedures for access to an Eligible Facility by Third
              Party Users; and

              (s)  such other procedures as the Carriers may, from time
           to time, determine to be necessary for the due and
           proper joint operation of an Eligible Facility.

           (5)  The Master Access Agreement may also require the Second
           Carrier to maintain with insurers approved by the First
           Carrier (which approval shall not be unreasonably withheld),
           in the name of the First Carrier and the Second Carrier, for
           their respective rights and interests, workers' compensation,
           public risk and other insurances which a prudent person
           engaged in a similar business or undertaking to the Second
           Carrier would effect or as reasonably specified by the First
           Carrier.

           (6)  The Carriers must make reasonable endeavours to agree
           on procedures in a Master Access Agreement for coordinated
           scheduling of maintenance of their respective Equipment
           used on or in an Eligible Facility. These procedures must
           reflect the following principles:

              (i)  the First Carrier must perform any necessary
              maintenance when temporary decommissioning occurs,
              if reasonably practicable;

              (ii)  regular shutdown periods of determinate length (Access
              Windows) must be scheduled within which the Carriers
              can undertake regular scheduled work on their
              Equipment (if they are a First or Second Carrier) and/or
              Eligible Facility (if they are the First Carrier); and

              (iii) each Access Window period should be scheduled
              to occur at a time of low demand for the Carrier's
              networks and also when it is reasonably practical
           to perform maintenance work.

           (7)  The Carriers must make reasonable endeavours to agree on
           procedures in a Master Access Agreement for unscheduled
           maintenance of their respective Equipment used on or in an
           Eligible Facility outside a scheduled Access Window.
           As a general principle, if maintenance work can be
           reasonably delayed until the next scheduled Access Window,
           then it should be delayed. In the event that maintenance
           work cannot be reasonably delayed, Carriers must
           co-operate to enable the maintenance work to be
           undertaken, including, where necessary, powering down
           their own antennas at no cost to any other Carrier.

            4.3  Financial matters

           (1)  If the parties are unable to agree on terms of access because
           the First Carrier has reasonable concerns that the Second
           Carrier:

              (i)  is not creditworthy; and/or

              (ii)  has repeatedly failed to comply with the terms and
              conditions on which the same or similar access has
              been provided (whether or not by the