Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p39
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 119366–122678

of the
            Tower Sub-lease and/or Tower Site Sub-Lease must be
            substantially coextensive with the remaining term of the
            Lease of the existing Tower or the lease for the Adjoining
            Site, whichever is shorter.

           (4)  Where the First Carrier owns the existing Tower and/or Tower
            Site, the First and Second Carriers must agree on the term
            of the Tower Lease and/or Tower Site Lease.

           (5)  The following requirements are specific to the acceptance
            of an application for access to Towers only:

              (i)  The Second Carrier must, unless otherwise agreed,
               obtain rights of occupation of an Adjoining Site
               on which it will locate its Equipment Shelter and
               its Equipment (other than the Equipment which is to
               be located on the Tower and the cables connecting the
               Adjoining Site and the Tower).

              (ii)  The Second Carrier must be responsible for obtaining its
               own rights to occupy the Adjoining Site.

              (iii) Any negotiations as to the Adjoining Site with the
               Lessor will be conducted by the Second Carrier, in
               consultation with the First Carrier and any other Second
               Carrier which holds a lease for the Tower, and, so far as
               is reasonable, having regard to the powers granted to
               a Carrier under the Act, the Second Carrier must act
               in a manner which does not jeopardise the Lease for
               the existing Tower or any lease held by another Second
               Carrier of that Tower.

           (6)  In relation to an acceptance of an application for access to
            Tower Sites only, the First Carrier must continue to own any
            Existing Tower on an Existing Tower Site which is to be a
            Shared Site.

           (7)  While it is intended that the Tower Sub-Lease and/or Tower
            Site Sub-Lease will be executed before any Make Ready
            Work commences, a Second Carrier will be deemed to be
            bound by the terms and obligations of the Tower Sub-Lease
            and/or Tower Site Sub-Lease in respect of any access by
            it whether or not, at the time of such access, a formal Tower
            Sub-Lease and/or Tower Site Sub-Lease has been
            entered into.

           (8)  If:

              (a)  Make Ready Work commences prior to the execution
               of the Adjoining Site lease by the Second Carrier; and

              (b)  the Existing Site does not become a Shared Existing Site
               because the Adjoining Site is not subsequently secured
               for occupation by the Second Carrier and the Second
               Carrier does not find another Adjoining Site within
               a reasonable time:

           the Tower Sub-Lease must be terminated and the Second Carrier
           must reimburse the First Carrier for any reasonable costs
           or expenses (whether in respect of the Tower Sub-Lease
           or otherwise) which it has incurred prior to such termination.

           (9)  Pursuant to sub-clause 2.4(8) of Annexure A, in the event
            that Carriers are