Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p31
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 94614–97755

becomes a Shared Existing Site from the
         date upon which a Facilities Access Application is accepted in
         accordance with this Code or such other date as the Carriers which
         share a Site may, in respect of that Site, mutually determine.

         Shared New Site means a Site that is not an Existing Site of
         a Carrier which has been identified as a potential Shared Site and,
         for the purposes of this Code, a Site becomes a Shared New Site
         from the date upon which a Sharing Proposal is accepted in
         accordance with this Code or such other date as the Carriers which
         share a Site may, in respect of that Site, mutually determine.

         Shared New Underground Facility means a new Underground
         Facility which Carriers have agreed to collectively develop for the
         purpose of sharing its use and which becomes a Shared New
         Underground Facility Site from the date upon which a Sharing
         Proposal is accepted in accordance with this Code or such other
         date as the Carriers which share an Underground Facility may,
         in respect of that Facility, mutually determine.

         Shared Site includes a Shared New Site or a Shared Existing Site.

         Sharing Proposal means a proposal as defined by sub-clause
         4.5(4) of this Code

         Site means land, a building on land or structure on land which is,
         can be or is to be used to locate Equipment consistent with the
         Telecommunications Act 1997.

         Second Carrier means a Carrier which has requested, or has been
         granted, access to another Carrier's Eligible Facilities.

         Sub-Lease means a grant of part of the rights in respect of a Lease
         and includes a licence or other contractual right of use
         or occupation.

         Suspension Event means:

           (a)  the continued supply of access to a particular Eligible
           Facility poses a threat to the safety of persons, Equipment
           or network security; or

           (b)  the Second Carrier has failed to pay monies owing, other
           than amounts in bona fide dispute under an executed
           agreement for access to Eligible Facilities; or

           (c)  the Second Carrier's use, either of its Eligible Facility or the
           First Carrier's Eligible Facility is in contravention of any law;
           or

           (d)  the Second Carrier breaches a material obligation under
           an access agreement; or

           (e)  the Second Carrier has failed to provide creditworthiness
           information about its financial position when requested
           to do so by the First Carrier.

         Telstra has the same meaning as in the Telstra Corporation Act 1991.

         Third Party User means a user of an Eligible Facility other than
         a First or Second Carrier.

         Tower means a 'telecommunications transmission tower'
         as defined in clause 31 of Part 5 of Schedule 1 of the
         Telecommunications Act 1997.

         Tower Sub-Lease means a sub-lease or other right of