Document ID: chunk:federal_register_of_legislation:C2023C00417:section:19d:p1
Version: federal_register_of_legislation:C2023C00417
Segment Type: section
Provision Reference: s 19D (pt 1/2)
Character Range: 41619–44278

19D  Publication of access terms and conditions—towers
 (1) If a telecommunications transmission tower is owned or operated by an NBN corporation, the NBN corporation must publish on its website:
 (a) the terms and conditions relating to price or a method of ascertaining price; and
 (b) other terms and conditions;
on which the NBN corporation offers to:
 (c) give an eligible person access to the tower, in compliance with subsection 19A(1), for the purpose of enabling the eligible person to:
 (i) install particular equipment; or
 (ii) maintain, operate or remove particular equipment; and
 (d) supply to an eligible person goods that are incidental to the giving of that access.
Note: For eligible person, see section 19H.
 (2) If:
 (a) a telecommunications transmission tower is owned or operated by an NBN corporation; and
 (b) an eligible person requests the NBN corporation to:
 (i) give the eligible person access to the tower; or
 (ii) supply to the eligible person goods that are incidental to giving the eligible person access to the tower; and
 (c) as a result of the request, the NBN corporation has an obligation under subsection 19A(1) to give access to the tower or supply the goods, as the case requires; and
 (d) in accordance with subsection (1), the NBN corporation has published on its website:
 (i) the terms and conditions relating to price or a method of ascertaining price; and
 (ii) other terms and conditions;
  on which the NBN corporation offers to give access to the tower or supply the goods, as the case requires; and
 (e) the eligible person requests the NBN corporation to enter into an agreement that:
 (i) relates to the access to the tower or the supply of the goods, as the case requires; and
 (ii) sets out terms and conditions that are the same as the terms and conditions published as mentioned in paragraph (d);
the NBN corporation must comply with the request mentioned in paragraph (e).
 (3) If:
 (a) a telecommunications transmission tower is owned or operated by an NBN corporation; and
 (b) an eligible person requests the NBN corporation to:
 (i) give the eligible person access to the tower; or
 (ii) supply to the eligible person goods that are incidental to giving the eligible person access to the tower; and
 (c) as a result of the request, the NBN corporation has an obligation under subsection 19A(1) to give access to the tower or supply the goods, as the case requires; and
 (d) the access to the tower, or the supply of the goods, is not covered by an agreement between the NBN corporation and the eligible person;
the terms and conditions on which the access is given, or the goods are supplied, as