Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:1_34:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 1 cl 34 (pt 1/2)
Character Range: 1414112–1416778

34  Access to sites of telecommunications transmission towers
 (1) A carrier (the first carrier) must, if requested to do so by another carrier (the second carrier), give the second carrier access to a site if:
 (a) either:
 (i) the site is owned, occupied or controlled by the first carrier; or
 (ii) the first carrier has a right (whether conditional or unconditional) to use the site; and
 (b) there is situated on the site a telecommunications transmission tower owned or operated by the first carrier.
 (2) The first carrier is not required to comply with subclause (1) unless:
 (a) the access is provided for the sole purpose of enabling the second carrier to install a facility used, or for use, in connection with the supply of a carriage service by means of radiocommunications; and
 (b) the second carrier gives the first carrier reasonable notice that the second carrier requires the access.
 (3) The first carrier is not required to comply with subclause (1) in relation to a particular site if there is in force a written certificate issued by the ACCC stating that, in the ACCC's opinion, compliance with subclause (1) in relation to that site is not technically feasible.
 (4) In determining whether compliance with subclause (1) in relation to a site is technically feasible, the ACCC must have regard to:
 (a) whether compliance is likely to result in significant difficulties of a technical or engineering nature; and
 (b) whether compliance is likely to result in a significant threat to the health or safety of persons who operate, or work on, a facility situated on the site; and
 (c) if compliance is likely to have a result referred to in paragraph (a) or (b)—whether there are practicable means of avoiding such a result, including (but not limited to):
 (i) changing the configuration or operating parameters of a facility situated on the site; and
 (ii) making alterations to a facility situated on the site; and
 (d) such other matters (if any) as the ACCC considers relevant.
 (4A) Before issuing a certificate under subclause (3), the ACCC may consult the ACMA.
 (5) If the ACCC receives a request to make a decision about the issue of a certificate under subclause (3), the ACCC must use its best endeavours to make that decision within 10 business days after the request was made.
 (6) Subclause (1) does not impose an obligation to the extent (if any) to which the imposition of the obligation would have any of the following effects:
 (a) depriving any person of a right under a contract that was in force at the time the request was made;
 (aa) preventing a designated Telstra successor company from complying with an undertaking in